Spain Non-EU Ascendant Visa

Step 1: Submit a Family Reunification Authorisation

The reunifier applies for family reunification authorisation at a provincial immigration office (Oficina de Extrajería) at their Spanish location. They are expected to submit the proof of documents demonstrating eligibility, such as proof of family ties, financial status, and housing.

Step 2: Await the Authorisation Decision

The Spanish immigration authorities will accept and review the application. If approved, the reunifier will be notified, and the application can proceed to the next step.

Step 3: Apply for the Visa

The ascendant should apply for their visa at a Spanish consulate in their country of residence. This includes submitting the application form and all documentary evidence. They must apply within 2 months of the reunifier obtaining the authorisation decision.

Step 4: Await Visa Review and Approval

The consulate will evaluate the submission and make a decision. During the wait period, applicants can track their application status by contacting the consulate. If the application is accepted, the ascendant will receive a 90-day Spanish visa.

Step 5: Enter Spain and Apply for the TIE Card (Tarjeta de Identidad de Extranjero)

Visa holders must enter Spain within the 90-day period. Upon entry, the ascendant must obtain a Spanish foreigner identity card (TIE) within one month. They can do so by booking an appointment at the Spanish government’s electronic appointment website.

Applicants will also need to submit relevant documents, including their passport, the EX-17 application form, a fee payment receipt, proof of address, and a visa approval letter. Successful applicants will receive their TIE residence card within 6-8 weeks.

Duration of the Spanish Non-EU Ascendant

The Spanish Non-EU Ascendant visa will initially grant holders residency rights for one year. Afterwards, they can renew it for two years at a time, up to a maximum of five years. They cannot extend the visa beyond the validity of the reunifier’s residence permit.

Ascendants should initiate their visa renewal within 60 days before expiry or 90 days after. Failure to do so may render the renewal attempt invalid.

If the sponsor loses their legal status to remain in Spain, the ascendant will also automatically lose their status. Exceptions may apply for humanitarian reasons, such as if leaving Spain might put the ascendant’s life at risk, but this is rare.

Holders of a Spanish Non-EU Ascendant visa can apply for long-term residency in Spain (residencia de larga duración) if they have legally lived continuously in the country for 5 years.

Long-term residency status is independent of their sponsor. It will grant them the right to live and work in Spain, on a basis similar to that of Spanish nationals, but with certain limits.

Ascendant’s Rights

Non-EU Ascendant visa holders do not get the right to work. However, they may be able to apply for a separate work authorisation if they meet the requirements.

Ascendants can study short programmes, language courses, and non-formal education. They may be able to enroll in formal education, but their primary purpose of residence in Spain must remain family reunification and dependency on the reunifier.

Typically, Spanish authorities expect the dependant to rely on private health insurance. However, they may be eligible for coverage as a dependent under Spain’s public healthcare system if their sponsor is employed or self-employed and contributes to social security.

Some Autonomous Communities may employ stricter rules for integrating ascendants into public healthcare systems.

Ascendants cannot access social benefits in Spain. The government expects the family to adequately care for them, which is why strict financial requirements apply.

Duties of Non-EU Ascendant Visa Holders

Visa holders are expected to notify the relevant authorities of their arrival in Spain, and registering for a TIE card effectively does that. They should also notify the provincial immigration office (Oficina de Extranjería) if they want to leave Spain for a prolonged period that could impact long-term residency calculations.

Ascendants are also required to register their address at the municipal town hall (ayuntamiento) upon arrival to ensure that the authorities have proof of their accommodation and can allow them access to municipal services. If they intend to change their address, they should notify the local town hall and policy authority.

Furthermore, Non-EU Ascendant visa holders must comply with Spanish laws and avoid violating the conditions of their visa.

1. Inadequate Proof of Dependency or Housing

An application can be rejected if the visa authorities determine that the reunifier’s home is inadequate to accommodate the migrating family member. This could be due to a lack of sufficient rooms or concerns about the ascendant’s comfort in Spain.

They will also refuse an application if, after reviewing available evidence, they are unable to establish satisfactorily that the ascendant is dependent on the reunifier.

Therefore, reunifiers are advised to check the requirements of their local housing authorities and prepare adequate accommodation before applying. They should also gather sufficient documents to prove dependency.

2. Insufficient Financial Means of Reunifier

Lack of financial means on the part of the reunifier is another reason a Non-EU Ascendant visa could be refused, as there would be reasonable doubts that the ascendant can receive proper care when they arrive in Spain.

Applicants are expected to prepare sufficient documentation demonstrating financial capability, as the authorities may reject the visa on financial grounds even if the reunifier is financially capable but did not provide sufficient evidence.

3. Missing or Improperly Legalised/Translated Documents

An incomplete application, especially with missing vital documents, may result in rejection. Applicants should review their applications thoroughly to ensure they submit all required documents and complete the appropriate forms. It is advised to hire an immigration lawyer who would review the application before submitting. A lawyer can spot non-obvious errors and help strengthen the overall application.

Failing to legalise or translate relevant documents is another ground for refusal because the authorities cannot review an application with documents that do not meet the stipulated requirements. Legalising or translating documents improperly, such as having them legalised or translated by an unrecognised body, may also lead to a refusal.

4. Criminal Record or Immigration Violations of Either Party

Applicants with criminal records or previous immigration violations may have their applications refused. The Spanish immigration authorities want to ensure that residents are law-abiding and pose no threat to public safety. Applicants with a prior criminal record are advised to consult a lawyer for a professional opinion. A lawyer will review the past offence and help determine whether or not they may still be eligible to apply.

5. Lack of Continuous Residence of the Reunifier or Incorrect Permit Type

The immigration authorities are strict on the 5-year residency requirements for the reunifier. They may reject the ascendant’s visa if they determine that the reunifier has not continuously stayed in Spain for up to five years.

Alternative Visa Options for Ascendants in the UK

The Non-EU Ascendant visa is not the only option for ascendants to join their family members in Spain. They can consider alternatives such as the Non-Lucrative, Digital Nomad, or Investor/Golden visas, depending on their specific situation.

The Non-Lucrative visa is best for individuals under 65 who are independent and have enough savings or a pension to meet the requirements. The Digital Nomad visa is best for foreign nationals who work remotely.

The Investor visa is another option for high-income earners, but they must meet specific income requirements. For whichever pathways Spanish citizens, residents, and their family members intend to explore, it is advisable to consult an immigration lawyer before making a decision.

When to Apply

Applicants are advised to apply for the Non-EU Ascendant visa when both parties (reunifiers and their ascendants) have met the eligibility requirements. Renunifiers should ensure that they have resided in Spain for the required timeframe and have an active residence permit.

They should ensure their income is stable and that they have been financially supporting the ascendant regularly over the past 12 months.

It is advisable to avoid submitting applications during major holidays, such as Christmas, as it might take longer to receive a decision.

Autonomous Communities (CCAA) Differences

Autonomous communities, such as Madrid, may require stricter financial requirements due to their high cost of living. Certain communities may also set specific residency requirements.

Processing speed may also vary slightly depending on the Spanish office or consulate abroad. For example, it might take longer to relocate parents from countries with a high influx of Spanish immigrants.

Tax and Social Security Implications for the Parties Involved

Ascendants may become tax residents after spending at least 183 days in Spain each year. Spanish tax residents must pay taxes on their global income. Taxable ascendants are required to declare their assets abroad under Modelo 720 and undertake other necessary obligations.

Reunifiers will typically not receive tax breaks for financially supporting ascendants. They are advised to declare their monetary transfers properly to avoid them being taxed as gifts by the Spanish authorities.

Spain Non-EU Ascendant Visa Costs

The Spanish Non-EU Ascendant visa costs vary by location. As such, applicants are advised to request the local rates from the consulate before applying. Obtaining a TIE card costs€15.76.

Legalisation costs €40-€150 per document, depending on the location. Translation ranges from €20 to €75, with factors such as language, urgency, translator’s reputation, and location influencing the rate.

Applicants should also consider consulate charges and lawyer fees. Immigration lawyers’ services for a Non-EU Ascendant visa application can cost from €1,200 to €1,500.