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VISAS

Q&A: Can EU nationals bring non-EU family members over to Spain?

If you're an EU national living in or wanting to move to Spain, find out if you can bring a non-EU family member to live with you. Here, we answer some of the most common questions surrounding the process.

Published: 20 September 2021 18:54 CEST
Updated: 18 April 2023 15:07 CEST
Q&A: Can EU nationals bring non-EU family members over to Spain?
Can EU nationals bring non-EU nationals with them to live in Spain? Photo: Brad Dorsey / Pixabay

Yes, there is an option for EU nationals to bring non-EU family members to Spain. The main way is by applying for a residence card of a family member of a European Union citizen or tarjeta de residencia de familiar comunitario. Here are some of the most common questions about the card and their answers. 

What is the residence card of a family member of a European Union citizen?

The residence card of a family member of an EU citizen allows the relative of an EU citizen to come and live with them in the EU. 

Who is eligible?

  • The spouse of an EU national (you must be able to provide a valid marriage certificate)
  • Unmarried partners, providing you can provide proof that you are in a long-term stable relationship and have been living together for some time (usually one or two years, but depends on circumstances). This could be a pareja de hecho in Spain, instead of a marriage.
  • Dependent children of an EU national under 21 years old (you must be able to provide a valid birth certificate)
  • Dependent parents of an EU national (proof must be provided of your relationship and that they are dependent on you)
  • Any other dependent relatives (proof must be provided that they cannot look after themselves and are financially dependent on you).
  • Be aware, you will also need to prove you have the financial means to support your relatives.

READ ALSO: Civil union or marriage in Spain: which one is better?

What benefits does the residence card offer?

  • The ability for your family member to live in Spain with you
  • The right for your family member to work in Spain under the same conditions as other EU citizens
  • The ability to enter and leave Spain and travel to other countries within the EU
  • However, the card does not give you the right to live in any EU country, only in the country you applied for it in – in this case, Spain.

When must it be applied for?

The card must be applied for during the first three months of your relative arriving in Spain to able to continue living here.  

How long is the process to get an EU residency card?

The Spanish authorities should make their decision to issue your family member with a residency card within six months. It may be quicker than this, but you should expect around a six-month waiting period. While your family member is in Spain however they cannot be expelled from the country while the application is in progress.

What if my application is rejected?

If your residency application is rejected, then the Spanish authorities will let you know in writing, giving a reason why. They will also let you know what you must do to appeal the decision and when it must be done by.

How long is the card valid for?  

The initial residency card will be valid for five years. You can then renew this for a permanent 10-year residency card. After this, your card will need to be renewed every 10 years.

Will I lose my Spanish residency if I get divorced?

If you obtained your Spanish nationality on the basis that you were married to an EU national, then you may wonder what will happen to your residency rights if you get divorced or decide to break up.

The good news is that you will not lose your residency card as long as you have lived with your partner for at least three years and at least one of those has been in Spain.

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For members

WORKING IN SPAIN

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa is a popular choice for non-EU citizens who want to come and live in Spain, but there’s long been confusion over whether or not you can work outside of the country or not while you’re on it.

Published: 19 September 2024 10:24 CEST
Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa or NLV as it is often referred to, is a residency authorisation that allows non-EU foreigners to live in Spain.

As the name suggests, however, it’s non-lucrative, so it doesn’t give you the right to work here, instead you have to demonstrate that you have sufficient savings for yourself, as well as any family members you’re bringing with you. 

Many people claim that if you’re not actually working in Spain while on the visa, and if you’re work comes from abroad then it’s fine, but is it actually legal?

Online searches reveal many conflicting results with several sources saying you absolutely cannot work on the visa at all under any circumstances and others saying that you can and authorities simply turn a blind eye.

It used to be a big grey area because Spanish law didn’t specifically mention remote working. Spain’s General Immigration Regime stated that, while staying on the NLV:

  • You mustn’t work for a Spanish company
  • You mustn’t work for a Spanish employer
  • You can’t open your own business in Spain
  • Nor can you open a branch office in Spain

In terms of remote working specifically, the law did’t actually address it.

READ ALSO: Does Spain check if you’re working on the non-lucrative visa?

But, authorities seemed to suggest that you couldn’t work on it at all, under any capacity, due to their rulings and decision making.

According to Barcelona-based law firm Balcells: “During the pandemic (from 2020 onward), the vast majority of consulates started to reject applications from foreigners who clearly stated they wanted to start working remotely”.

“Or if the consulate sees that remote work is what you have been doing for the past months/years, your application may even get rejected too”.

In 2023, a Madrid court denied a Venezuelan national’s application for the non-lucrative visa because they continued to advertise their professional services on sites like LinkedIn.

These all support the fact that working, even remotely for another country is not allowed.

The amount of savings you have to prove for the non-lucrative visa in 2024 is €2,400 per month, which must come from passive income such as return on investments and rental income, rather than physically working.

READ ALSO: Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

There is now even stronger legal evidence to support the theory that you can’t work remotely while on the NLV, with the introduction of Spain’s Digital Nomad Visa or DNV in early 2023.

The whole point of the DNV is to allow non-EU remote workers and freelancers to be able to live and work in Spain, so it would defeat the entire purpose of this visa if you were allowed to work remotely on the NLV.

The DNV in fact has many requisites to ensure the way in which remote workers can legally work here. For example, they have to have worked for the same employer for three months or more and any company they work for has to have been in existence for more than one year.

To apply for the DNV in 2024 you have to prove a monthly income of at least €2,646. While this is slightly more than the NLV, it does mean that you can continue working. 

READ ALSO: Does Spain accept savings for the digital nomad visa if earnings aren’t enough?

Many remote workers may have used the NLV option in the past, but today there is no excuse, you may as well just apply for the DNV instead.

As authorities are cracking down on NLV applications, it’s simply not worth the risk having your application denied if you plan to continuing working. If you’re found out and are not declaring your income properly too, you could end up with a hefty fine and be unable to renew your visa in the future. 

Therefore, if you want to work remotely for company outside of Spain, it’s best to forget the NLV and go straight for the DNV, which will ensure what you’re doing is truly legal.

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