Differences between Family Ties and the EU Family Member Card

What is the difference between Family Ties and EU Family Member Card when applying for residency in Spain? What is considered as Family Ties? What is the family ties residency card? Who can apply for the Family Ties or Family Member Card? From Gentile Law, expert lawyers in processing visas and residences in Spain and Europe, we tell you the keys to apply for residence in Spain by Family Ties or the Community Family Member Card.

Should I apply for residency in Spain on the grounds of family ties or for a residence card for EU family members?

What is the difference between family ties and EU family members? Many doubts arise for foreign citizens when evaluating which of these two procedures to use, as in certain situations, it is possible to apply for residence permits through either Family Ties (Arraigo Familiar) or the EU Family Member Card.

What do the immigration regulations say about the direct relatives of Spanish citizens and the family ties (Arraigo Familiar)? Initially, clarity seemed to prevail when the immigration regulation reform was published on July 27, 2022 (Royal Decree 629/2022), determining that direct relatives of Spanish citizens must always opt for Family Ties.

However, neither the explanatory memorandum of the Regulation Reform nor the Final Provisions repeal Royal Decree 240/2007, the legal text regulating the free movement of EU citizens and their relatives. Consequently, since it remains unrepealed, the residence permit application for direct relatives of Spaniards through the EU Family Member Card remains valid. Here lies the great question: What should one choose? Family Ties or the EU Family Member Card? Which is more convenient?

In this article, as immigration lawyers, we will attempt to dissect the differences and peculiarities of each residence permit through simple questions to determine the best option when applying for a residence permit in Spain. And if you want to know more about the EU Family Card, we recommend our article: "What is the EU Family Member Card and what benefits does it provide?

Who can apply for Family Ties or the EU Family Member Card?

Who can apply for the Family Ties? Who can obtain the Family Member Card? What is the difference between the Family Ties and the EU Family Member Card when applying for residence in Spain? At Gentile Law, expert lawyers in applying for residence in Spain due to Family Ties, as well as applying for the Family Member Card, we will tell you.

1. Family Ties

Who can apply for the Family Ties (Arraigo Familiar) residence permit in Spain? This residence permit can only be requested by relatives of Spanish citizens, whether naturalized or of Spanish origin.

2. EU Family Member Card

Who can apply for a residence permit in Spain through the EU Family Member Card? This residence permit can be requested by relatives of EU citizens, including Spaniards. Unlike Family Ties, this permit covers relatives of citizens from all EU countries, not just Spaniards.

Which relatives can apply for Family Ties or the EU Family Member Card?

Do you want to apply for residence in Spain? Do you have family members in Spain and would like to obtain a residence permit? At Gentile Law, we help you to process your visas and residence permits, and we explain everything you need to know about how to apply for a residence permit in Spain.

1. Which family members can apply for the Family Ties residence permit?

• Parent or legal guardian of a Spanish minor, provided they have custody and cohabit with the minor or are up to date with parental obligations.
• Person supporting a Spanish individual with a disability or requiring support for the exercise of their legal capacity.
• Spouse or registered partner of a Spanish citizen.
• Ascendant over 65 years or under 65 years dependent on a Spanish citizen.
• Descendant under 21 years or over 21 years dependent on a Spanish citizen, or their spouse or registered partner.
• Children of parents who were originally Spanish.

2. Which family members can apply for a residence permit through the EU Family Member Card?

• Spouse, provided there is no agreement or declaration of nullity of the marriage or divorce.
• Partner with whom there is a relationship analogous to marriage, registered in a public registry in an EU member state or an EEA member state.
• Child of the EU citizen or their spouse or registered partner, provided there is no agreement or declaration of nullity of the marriage or divorce, or the registered partnership has been canceled, under twenty-one years or over that age living under their care or incapacitated.
• Unregistered partner with whom there is a proven stable relationship. In any case, the existence of this bond will be understood if a marital cohabitation of at least one continuous year is proven, unless there is common descent. In that case, proof of stable cohabitation will be sufficient.
• Any family member dependent on or living with the EU citizen in their country of origin. Cohabitation will be proven by demonstrating a continuous 24-month cohabitation in the country of origin.

How much money is needed to apply for Family Ties or the EU Family Member Card?

How much does the Family Ties cost? What is needed to apply for the EU Family Member Card? What is the difference between the Family Ties and the EU Family Member Card when applying for residence in Spain?

1. How much money is needed to apply for Family Ties?

No need to demonstrate financial means to apply for Family Ties.

2. How much money is needed to apply for a EU Family Member Card?

The EU citizen must meet one of the following conditions to apply for the residence permit for their relatives.  What are the requirements for EU citizens to apply for a residence permit for their family members?

• Be employed as a wage earner in Spain.
• Be self-employed in Spain.
• Have sufficient economic resources for themselves and their family members.

Is health insurance required to apply for Family Ties or the EU Family Member Card?

Would you like to apply for a residence permit for your family members in Spain? What is needed to obtain residence in Spain by Family Ties or through the EU Family Member Card? From Gentile Law, lawyers experts in foreigners, we continue with this guide to understand the differences between Family Ties and EU Family Member Card.

1. Do I need a medical insurance to apply for the Family Ties?

 Health insurance, whether public or private, is not required for this residence permit.

2. Do I need a medical insurance to apply for the EU Family Member Card?

Health insurance with coverage equivalent to Spanish public health is required to apply for this residence permit.

Must criminal records be submitted to apply for Family Ties or the EU Family Member Card?

1. Must criminal records be submitted to apply for Family Ties

To apply for Family Ties, apostilled criminal record certificates from countries where the applicant has resided in the last 5 years are required.

2. Must criminal records be submitted to apply for EU Family Member Card?

No need to submit a criminal record certificate to apply for this residence permit.

When can Family Ties or the EU Family Member Card be applied for?

Now that you know the most important differences betweenFamily Ties and EU Family Member Card when applying for residence in Spain, we tell you when you can apply for each one.

1. When can I apply for Family Ties (Arraigo Familiar)?

Family Ties can be applied for at any time, regardless of the applicant`s immigration status. As a form of ties, its purpose is to regularize the residence of those in Spanish territory. Therefore, Family Ties can be applied for upon arrival in Spain or while being irregular in the country.

2. When can I apply for EU Family Member Card?

The EU Family Member Card can only be applied for if the applicants are in a regular situation in Spain.

In conclusion, there is no inherently better procedure than the other. The specific circumstances of each case must be considered to determine the most convenient option.

Gentile Law, expert lawyers in processing visas and residency in Spain

Do you want to apply for a residence permit in Spain for family members? What is the difference between Family Ties and EU Family Member Card when applying for residence in Spain?  At Gentile Law, expert lawyers in immigration and residence permits, we understand the importance of both residence permits and have a team of highly qualified professionals with extensive experience in these procedures. We are committed to providing specialized guidance and supporting our clients at every step, ensuring a comprehensive and efficient approach to resolving their immigration needs.