ESC Visa for Families of Citizens of EU, EEA, and Switzerland

The ESC visa is a family reunification visa that enables eligible non-EU/EEA/Swiss nationals to reside in Spain when accompanying or joining a family member who is an EU, EEA, or Swiss citizen.

It grants holders up to 90 days of residence in Spain within 180 days and allows them to move freely within the Schengen area. Visa holders can also apply for residency and work authorisation after arriving in Spain, converting their permit from temporary to long-term.

Page Contents

• Overview of the ESC Visa for Families of Citizens of the EU, EEA, and Switzerland
• Eligibility Criteria for the ESC Visa
• What Documents Do I Need to Provide for the ESC Visa for Families of Citizens of the EU, EEA, and Switzerland?
• How Do I Apply for the Visa for Families of Citizens of EU, EEA, and Switzerland?
• Application Process for Minor Applicants
• What are the Fees and Processing Times for the ESC Visa?
• What Happens After I Apply?
• What Happens After My Application is Approved?
• Applying for Residency in Spain
• Benefits and Rights of Spanish Residency
• Can I Enter a Schengen State if I Was Issued the Visa by a Different Schengen State?
• What are the EU Schengen States?
• Can I Apply for the Visa if My Passport Expires in 2 Months?
• How Can Total Law Help?
• Frequently Asked Questions

To be eligible for the ESC Visa, you must be one of these individuals:

• The spouse of an EU citizen whose union is still legally valid
• Registered partner of an EU, EEA, or Swiss citizen, provided that the partnership has not legally ended
• A direct descendant of an EU citizen or of their spouse or registered partner. However, the partnership must be legally valid, and you must be below the age of 21 unless disabled or dependent on the EU/EEA/Swiss citizen
• Ascendant relatives (parents, grandparents, great-grandparents) of the EU/EEA/Swiss citizen or their spouse or registered partner who are dependent on them
• Family members other than those mentioned above who live with the EU/EEA/Swiss citizen or are dependent on them
• Unregistered partner of an EU/EEA/Swiss citizen, if they can demonstrate cohabitation of at least one year, or prove that they have a child together

You can apply for the ESC Visa in person at a Spanish consulate in your home country at least 6 months before and no later than 15 days before your planned travel date.

Schedule an appointment via the consulate’s email or website to submit your application. The submission should contain your completed Schengen visa application form and all supporting documents. The consulate will send you a receipt after receiving your application, which will contain a code you can use to track your submission.

You will need to submit your biometrics (facial image and fingerprints) as part of the application process. Applicants under 12, or adults whose fingerprints have been captured in the last 59 months, are exempt.

However, you may need to retake it if you took it within the last 59 months and the print quality is poor.

The application process for minors (persons under 18 years) is similar to that for adults. However, a legal representative (a lawyer, parent, or guardian) must submit it on their behalf.

Both parents, a legal guardian, or a person with legal custody of the child must sign the application form, unless the visa is for a minor to join their parents in Spain. In such cases, the non-accompanying parent must submit a written consent along with the application.

The consulate will typically also request copies of both parents’ IDs, even if only one parent is involved in the application process.

Fees

Applying for the ESC visa at a Spanish consulate is free for adults and minors. However, you may need to pay a fee of up to €20 if you apply at a visa application centre.

Other fees may apply to your application depending on your circumstances. For example, you will typically need to pay for apostilling, legalising, or translating your documents. The charge may be per word or per page, and vary by location.

Apostille services in the UK cost from £35 (€40) to up to £100 (€115) for premium services. Translation typically costs around £30 (€34.5) to £66 (€76). Note that the exchange rates for these fees vary, so it is essential to verify them before calculating costs.

Hiring an immigration lawyer also incurs additional costs if you choose to do so. Costs vary by location, but end-to-end ESC visa application services range from €700 to €2,500.

Processing Time

The consulate will take up to 15 calendar days to decide on your application. However, it may be extended to 45 calendar days if they have a backlog of immigration cases or encounter issues with the submitted application.

The Spanish immigration authorities will review the application and communicate a decision to you. If approved, you can proceed with your travel preparations for entry into Spain. A refusal means you are not authorised to enter Spain; however, you may choose to reapply or submit a reconsideration appeal.

You can appeal to the consular office within one month of the day you receive the notification of refusal. You can also file a Judicial Review at the High Court of Justice in Madrid within two months of the day that you received the refusal decision, or a dismissal of your reconsideration request.

Interview and Issues with the Application Process

The immigration authorities may ask an applicant to attend an interview as part of the application process. They may also request additional documentation if they deem the submitted materials insufficient, which can delay processing.

It is highly unlikely that the authorities will delay your visa processing, as the ESC is a rights-based visa. However, if that happens, you should send a formal written reminder stating the key details of your application and requesting clarification on the reason(s) for the delay.

The consulate will notify you of visa approval via email, SMS, phone call, or portal update.

The immigration officials will affix a visa vignette to your passport, which includes your name, visa type, validity dates, permitted number of entries, and the issuing country.

You can travel to Spain once your ESC visa is approved. However, the visa does not automatically entitle you to enter Spain.

You will also need to meet the conditions for entry, including presenting your visa, travel documents, and other related evidence at the border entry point.

Border officials will also check that you meet the requirements of the visa, and you are not under any Spanish entry ban.

They may also require you to submit proof of sufficient finances, which is typically around €188 daily.

You must apply for a residency permit within three months of arriving in Spain if you want to reside there for more than 90 days within 180 days. To do so, you must first register in your municipal administrative register, also known as Padron. You should also ensure that your EU family member in Spain has the green EU registration certificate (Certificado de Registro de Ciudadano de la Unión).

Registering for residency has additional requirements, such as the EU family member demonstrating sufficient financial means to support their family member. The amount is 150% of IPREM for one family member and the sponsor, with each additional family member requiring an additional 50%, which is €600 monthly.

You must also demonstrate that you have sufficient access to healthcare insurance, either public through your sponsor, or private healthcare insurance. If you meet these requirements, follow the steps below to apply for residency.

Step 1: Gather all the relevant documents, including:

• EX-19 Form (Application form for EU family member residence card)
• Valid passport
• EU citizens’ ID/Passport
• Work contract, proof of sufficient funds, and university enrollment, or other proof that the EU citizen is exercising their treaty rights
• Proof of family relationship
• Empadronamiento certificate
• Fee payment receipt
• Bank statements, payslips, and other proof of finance

Step 2: Book an online appointment at the Electronic Headquarters of the Public Administration. Ensure that you choose your province and the appropriate procedure. Attend the appointment and submit your application. The officials will give you a receipt if they approve your submission for processing. You must also submit your biometrics (fingerprints and photo).

The immigration authorities will review your application and get back to you. Processing time takes 20-30 days. If approved, you can receive a valid residence card and become an official Spanish resident. The permit is valid for five years from the date of issuance, or the remaining time on your sponsor’s permit if less than five years.

Spanish temporary residency grants you the right to live, work, and study in Spain. You will also get access to healthcare services under Spain’s social security system, provided the EU citizen meets the required conditions.

The temporary residency status also grants you access to banking services and the right to own properties in Spain. However, it has restrictions on the residency duration, employment offers, and duration of travel outside of Spain.

If you live in Spain for five years and meet the residency requirements, such as not being absent for six consecutive months throughout your period of stay, you will automatically be eligible for permanent residence. You can also renew your temporary residence permit if you do not meet the requirements for permanent residence.

Permanent residence grants you improved rights and freedom. Your status becomes independent of your EU family member. You can work and study without restriction, and the residency card is valid for ten years. If, after residing in Spain for a combined duration of up to ten years on the temporary and permanent residencies, you may be eligible for Spanish citizenship.

The visa allows freedom of movement for EU family members. However, you should understand that your stay in other Schengen states must not exceed 90 days in 180 days, even if you have Spanish residency.

Spain must be your main country of residence. To reside in other Schengen states, you must reapply for a visa/permit in accordance with national legislation.

Always travel with your visa documents, such as a passport with the vignette, travel confirmation, letter of invitation, and proof of connection to an EU citizen, for your initial entry into a Schengen state, as border authorities may request them.

However, Schengen countries will rarely impose strict requirements on your travel if you hold an ESC Visa, due to free movement rules.

The Schengen area includes 29 countries that have eliminated internal border controls to allow free movement. They include 25 EU countries and four non-EU countries (Iceland, Liechtenstein, Norway, and Switzerland).

The Schengen countries are Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

All Schengen states have similar visa/entry policies and requirements for short-term visas for non-EU family members of EU, EEA, and Swiss citizens. However, at the point of entry, countries may ask different questions. For example, Germany and France may be more focused on your destination, while Italy or Greece are typically more particular about your return plans. Nordic countries, such as Norway or Denmark, may prioritise ensuring you have suitable accommodation.

Your passport must be valid for at least three months after your planned departure to apply. For example, if you intend to reside in Spain for three months, your passport must be valid for at least six months. If your passport does not meet these basic requirements, you should renew it before applying; otherwise, your application may be refused.

The consulate may deviate from the rule and allow you to apply for a visa even if your passport expires in two months if your case is a justified emergency. Justified emergencies include serious unexpected situations in which failure to issue you the visa may cause physical or emotional harm, such as medical emergencies, the death of a close family member, or humanitarian reasons.

You must provide compelling evidence to back up your claim if you fall into any of these situations. However, you should note that issuance of a visa under these conditions is rare, and even if granted, you may still encounter issues at border entry points.