Residence in Spain for Relatives of Students

Are you a student in Spain and wish to bring your family with you during your academic stay? Spain provides a legal option for the relatives of international students to temporarily reside in the country. This opportunity not only ensures the student`s family unity but also allows them to live together throughout the study program. This article will delve into frequently asked questions, legal requirements, and the process of obtaining residence for relatives of students in Spain. Additionally, we will explain how Gentile Law can assist you in this process. 

What is a study stay authorization and how does it benefit families? 

The study stay authorization is a legal tool regulated under Article 37 of Royal Decree 557/2011. This permit allows foreign nationals to reside in Spain for the purpose of pursuing academic programs at recognized educational institutions. Furthermore, the regulation includes a family reunification option, enabling direct relatives of the student to reside legally in Spain for the duration of the study program. 

The primary benefit is that families can remain united, ensuring the student`s emotional stability. This, in turn, fosters better academic performance and facilitates social integration. Upon completing their studies, students can apply for a job-seeking permit or even change their status to a work authorization, opening doors to the Spanish labor market. 

What is a family reunification for students and who can benefit from it? 

Family reunification is a procedure regulated under Article 38 of Royal Decree 557/2011, aimed at ensuring that international students can be accompanied by their relatives during their stay in Spain. This permit applies to the student`s direct relatives, such as: 

• A legally recognized spouse or registered domestic partner
• Minor children
• Adult children who are economically dependent on the student or who can not support themselves due to health conditions

This type of authorization not only allows relatives to reside in Spain but also guarantees access to essential services such as healthcare and compulsory education for minor children. 

What are the legal requirements for relatives of students? 

To obtain this permit, relatives must meet the following requirements as set forth in Spanish Immigration law: 

1. The student`s valid stay authorization: The student must hold a valid permit covering the duration of their academic program. 
2. Application from the country of origin: Relatives must process their visa application at the relevant Spanish consulate before traveling to Spain. 
3. Supporting documentation: 
   1. Marriage certificate or domestic partnership registration for spouses
   2. Birth certificates for minor or dependent children 
   3. A valid and current passport
4. Health insurance: Mandatory to cover the relatives` stay in Spain
5. Sufficient economic means: According to the regulations, the student must prove financial resources amounting to 200% of the IPREM (Public Indicator of Multiple Effects Income) for the first application, plus 50% for each additional family member. 

What rights and limitations do relatives have in Spain? 

Relatives granted residence permits are entitled to: 

• Access to public or private healthcare in Spain
• Compulsory schooling for minor children
• The right to reside and move freely within Spanish territory

Limitations: Relatives are not permitted to work while their residence is linked to the student`s permit. Should they wish to work, they must apply for a change of residence status through the Immigration Office, providing evidence of a job offer or meeting the legal requirements for the change. 

Step-by-Step process for applying for residence for relatives

1. Prepare the documentation: This includes a marriage or birth certificate, health insurance, financial proofs, and the student`s valid stay authorization. 
2. Apply at the consulate: Relatives must submit their application at the Spanish consulate in their country of origin along with the official forms. 
3. Enter Spain: Once the visa is approved, relatives must travel to Spain within the designated timeframe.
4. Complete residency procedures in Spain: Upon arrival, they must finalize the residence process, including municipal registration (empadronamiento) and fingerprinting to obtain the Foreigner`s Identity Card (TIE).

Statistics on application for residence for relatives of students

According to the Ministry of the Interior, approximately 15.400 applications for family reunification linked to international students were filed in 2022. Of these, 87% were approved, with most applicants originating from countries such as Morocco, China, Colombia, and Brazil. 

The cities with the highest number of applications include Madrid, Barcelona, and Valencia, reflecting the concentration of universities and educational institutions in these regions. Additionally, the average resolution time for these applications is three months, provided all documentation is complete and correctly submitted.

Why choose Gentile Law? 

At Gentile Law, we are experts in Immigration and Foreign Affairs Law, fully understanding the intricacies of Spain`s immigration system. 

Pablo Lanfranchi

pablolanfranchi@gentile.law

+34 604 516 052