Family member of a Spanish citizen: residence requirements 2026

In short: a non-EU foreign national with a family link to a Spanish citizen can apply for the temporary residence authorisation as a family member of a Spanish national (RD 1155/2024, Chapter VII, arts. 93-97). It allows you to live and work and is granted for 5 years. It is its own route, separate from general reunification and from the EU regime.

In person or by representative? Mixed procedure; it depends on where the Spaniard and the relative are (information sheet 18; art. 97 of RD 1155/2024). If the Spaniard lives in Spain and the relative is still abroad, the Spaniard files the application at the Oficina de Extranjería of their province, in person or through a representative (art. 97.2). Once it is granted, the relative applies for the visa at the Spanish consulate within a month of the notification (art. 41.2). If both are outside Spain, the foreign relative files it at the consulate together with the visa (art. 97.3). In both cases with a visa, art. 26.1 requires the visa application in person. Exceptions: an external service provider, online filing where available, or a representative where the law provides for it or exceptionally. If both are in Spain, either of them may exceptionally file it at the Oficina de Extranjería (art. 97.1 c and 97.4). This applies only to the relatives in letters a) to h) of art. 94.1, not to «other dependent relatives». Sheet 18 (April 2026) does not include children or ascendants in this case: if that is you, confirm before filing. According to sheet 18, applications at the Oficina de Extranjería can also be filed online (Mercurio). In every case, the foreign relative applies for the TIE in person at the police station within a month of the grant or of entry (art. 97.7).

Don't confuse them — three different family routes:

• Family member of a SPANIARD (this card): the person granting the right is a Spanish citizen. RD 1155/2024, Ch. VII; form EX-24.
• Family reunification (general regime): the sponsor is a foreigner with legal residence. RD 1155/2024, general regime; form EX-02. → see family reunification card.
• Family member of an EU/EEA/Swiss citizen (EU regime): the relative is from another EU country, not Spanish. RD 240/2007; form EX-19. → see EU family member card.

Who can apply (relatives of the Spaniard, provided they live or will live together; art. 94.1):

• Spouse over 18 (no annulment/divorce, no fraud of law; only one spouse).
• Registered partner in an EU/EEA/Swiss public registry, or a proven stable partner (marriage-like cohabitation of at least 12 continuous months; not required if there are common children).
• Children (own or the spouse's/partner's) under 26, or older if dependent, or with a disability needing support; unmarried and without their own family unit.
• Direct first-degree ascendants (own or the spouse's/partner's) who are dependent and without family support in the country of origin, or on humanitarian grounds.
• Parent/guardian of a Spanish minor in their care and living with them.
• One relative up to the 2nd degree who will provide care to a Spaniard with a recognised dependency level (Ley 39/2006).
• Children whose father or mother is or was Spanish by origin.
• Other dependent relatives duly proven.

Specific documents (art. 96 — the official list; it may be broader depending on the case, check the source):

• For the Spanish relative: full copy of a valid passport or DNI; for spouse/partner, a sworn statement that no other spouse or partner lives with them in Spain.
• For the foreign relative: full copy of a valid passport or travel document; documents proving the family link; where required, documents proving they are dependent on the Spaniard; for a stable partner, proof of the relationship and cohabitation time (and, where applicable, birth certificate of common children).

It is filed with the official form EX-24 ("Autorización de residencia temporal de familiares de personas con nacionalidad española"), available at general models (inclusion.gob.es).

Steps:

1. Gather the art. 96 documents (passport/DNI, proof of the link, and proof of dependency if applicable) and fill in form EX-24 (general models).
2. File the application. If the relative is abroad and the Spaniard in Spain, the Spaniard files it at the provincial Oficina de Extranjería, in person or through a representative (art. 97.2). If both are abroad, the relative at the consulate, with the visa (art. 97.3). If both are in Spain, exceptionally and only for the relatives in letters a) to h) of art. 94.1, either of them at the Oficina de Extranjería (art. 97.1 c and 97.4). Applications at the Oficina de Extranjería can also be filed via Mercurio, according to sheet 18.
3. If granted and the relative is abroad, apply for the visa at the Spanish consular office within a month of the notification (art. 41.2).
4. Within a month of the grant or of entry, the foreign relative applies in person for the TIE at the police station (art. 97.7).

Official source: RD 1155/2024 — Immigration Regulation (Ch. VII, arts. 93-97) and form EX-24 / general models (inclusion.gob.es).

Informational only; the exact documents and steps vary by case — check the official source and a professional for your specific case.