New residence permit for relatives of Spanish citizens

The reform introduced by Royal Decree 1155/2024 has brought a major change in immigration matters. Until now, relatives of Spanish citizens who did not fit into the EU regime had to resort to complex alternatives such as family roots. With this new measure, access to residence is simplified to ensure family unity and provide greater legal certainty.

In this article, we explain the key aspects of the new regime and its practical implications.

 

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What is the new residence permit for relatives of Spanish citizens?

It is a temporary residence permit, valid for up to 5 years, that allows relatives of Spanish citizens to live and work in Spain under certain circumstances.

Its legal basis is found in Royal Decree 1155/2024 (articles 94 to 99), which establishes this new regime independently, separate from the EU regime (RD 240/2007).

Who can apply?

Eligible applicants include relatives of the Spanish citizen, specifically:

• Spouse or partner (registered or not, if a stable relationship is proven).
• Children under 26 years old or older children who are dependent due to disability.
• Dependent ascendants or for humanitarian reasons.
• Parents or guardians of Spanish minors.
• Extended family in specific cases.

Main features

The essential features of the new permit are:

• Initial duration: 5 years (or the planned residence period if shorter).
• Right to work: authorizes employment or self-employment throughout Spain, without additional formalities once the application is submitted.
• Exemption from the national employment situation: this administrative requirement is removed.
• Possibility of family reunification: the holder may exercise the right to family reunification in accordance with articles 68 and 69 of the Regulation.

Requirements and documentation

The most relevant formal requirements are:

• Documentation of the Spanish citizen: ID/passport and, where applicable, a sworn statement regarding non-cohabitation with another spouse/partner.
• Documentation of the applicant: valid passport, proof of family relationship (certificates, records), proof of actual cohabitation and, when applicable, financial dependency.
• Suitability requirements: no criminal record in the cases provided for in the article, and medical certificate according to applicable international health requirements.

Practical note: for unregistered domestic partnerships, it is important to provide solid evidence of stable cohabitation (joint registrations, contracts, shared bills, etc.).

Conditions, limitations, and grounds for refusal

The permit may be refused on grounds of public order, security, or public health; having a criminal record does not imply automatic refusal except in certain cases under article 94. Likewise, the permit may be terminated due to the end of cohabitation or entering into a new marriage or stable relationship with another person.

In addition, those who already hold a family roots permit or a EU family member card linked to a Spanish citizen may keep their status without needing to immediately apply for the new permit.

Practical recommendations

1. Supporting documentation (depending on the case): registrations, lease agreements, bank statements, official communications, or other evidence to prove cohabitation and family ties.
2. Pay attention to deadlines and renewals: review the transitional regime to avoid losing rights and prepare documentation in advance for renewals.
3. Review current regulations: conditions may vary (due to legal reforms, instructions, or Immigration Criteria), so it is advisable to review the latest regulations or consult a professional.

How we can help you

RD 1155/2024 represents a turning point in the protection of the right to family life in Spain. Thanks to this new permit, thousands of families will be able to regularize their status in a more agile, clear, and secure way, avoiding the legal uncertainty that alternatives such as family roots had caused until now.

At Adlanter, we have a specialized team in comprehensive immigration and migration reform advisory services who can help you analyze your case, prepare documentation, and process the application without mistakes or delays.