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VISAS

How can non-EU nationals bring family members to live in Spain?

If you're a non-EU resident living in Spain, here's what you need to know about getting family members over to live with you, from the requirements to the application process.

How can non-EU nationals bring family members to live in Spain?
Can non-EU citizens bring family members to Spain? Photo: Roberto Nickson / Unsplash

It’s not just  EU citizens who can bring family members to live with them in Spain, those from non-EU countries are also able to, although under a different process. Read on to find out more. 

Is there an option for a non-EU citizen to bring family members to live with them?

Yes, the good news is that if you’re a non-EU citizen living in Spain and have a residency permit, such as a TIE card, then you can bring family members to live with you via the Family Reunification Visa.

However, you can only do this after one year of legally living in Spain and have authorisation to stay for another year.

READ ALSO – EXPLAINED: The visas Americans need to live and work in Spain 

Is there any way that my family member can join me immediately?

Yes, there are several specific circumstances whereby your family member can come and join you immediately, rather than waiting a year. These include:

  • If you have an EU long-term residency permit from another EU country
  • If you have an EU Blue Card
  • Or if you have a student or researcher visa

If you do not hold one of these three things, then unfortunately your family members will still have to wait a year before being able to join you.

Who is eligible to join me?

The relatives that are eligible for family reunification are:

  • Your spouse or civil partner (you must currently be in a relationship with them and be able to prove this).
  • Unmarried dependent children, including adopted children, aged 18 years or under.
  • Dependent children, grandchildren, or another person that you are the legal guardian of who are over 18 years old and have disabilities or cannot look after themselves. (If your child is over 18 and under 21, will be studying in Spain, and is also financially dependent on you, they may also be able to join you).

READ ALSO: How much money do Britons need for Spain’s non-lucrative visa in 2021?

What about my parents, can they join me on the Family Reunification Visa?

In the case of parents, it can be a bit more complicated. You can bring dependent parents or in-laws who are over the age of 65 (or younger in exceptional cases). However, you must have a long-term residence card for you to be able to do this, meaning that you have to have lived in Spain for over five years.

What about other family members such as brothers and sisters?

Unfortunately, it’s not possible for brothers and sisters or any other family members, other than the ones listed above, to join you on the Family Reunification Visa. 

The only way is for you to become a Spanish citizen or citizen of another EU country and then apply for the Extended Family Reunification Visa.

What else do I need to prove for my family members to join me?

You will need to prove that you have the financial means to support any dependent family members who come to join you in Spain. You may also need to prove that you were supporting them financially while you have been living in Spain during the last year.

To bring one relative, you must demonstrate that you have an amount equivalent to or greater than 150 percent of the IPREM (Public Multiple Effects Income Indicator) for one relative. If you want to bring a second relative, you will need to add an extra 50 percent of the IPREM on top of this.

Those who are self-employed or autónomo will have to show their most recent tax returns.

READ ALSO: Self-employed in Spain: What you should know about being ‘autónomo’

If you are not working, you will need to show sufficient savings and also that you have private health insurance.

Will my relative be allowed to work in Spain?

Yes, spouses and children, who are of legal employment age, who are granted residence permits under the reunification visa will be able to work without needing to apply for extra work visas. 

How long does the process take?

As a general guideline, the process takes around six months to complete, and until your relative can move to Spain. But keep in mind it could take longer, depending on when appointments are available and your individual circumstances.

However, you should get a response approving or denying your application within three months. After that, you will need to wait a few more months for the visa to be processed.

Once my relative gets their reunification visa, is that the end of the process?

Once they receive their visa, your relative can join you in Spain, however, the process is not fully completed until they apply for and receive their TIE or foreign resident card (a process they have to complete once they are 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.

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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