Spanish Constitution recognises the rights of the family (like privacy, identity and honour) without specifying the nationality of its members and article 39 states that the public authorities must guarantee its social, economic, and legal protection.

More

Spanish Constitution recognises the rights of the family (like privacy, identity and honour) without specifying the nationality of its members and article 39 states that the public authorities must guarantee its social, economic, and legal protection.

The Organic Law 8/2000 sets norms on family reunion for foreigners living in Spain. The right to family reunion is recognized to a foreigner who has been legally living in Spain for a year and has a permit to stay for at least one more year. The residence card of his/her family members will have the same length as his/her own.

A foreigner can apply for reunion with

a) his/her spouse (with exclusion of legally or de facto separated or divorced spouses; marriage must have been legally celebrated). Spanish laws admits reunion with no more than one spouse

b) children (included adopted ones) of both spouses, below 18 years of age or even older if they are not able to support themselves an are not married. In case they are children of one of the spouses, the latter and he/she alone must have the parental authority, or custody and they must be financially dependent on him/her. In case of adopted children the adoption must have all elements which are requested in Spain.

c) under-aged or handicapped children if the applicant is their legal representative

d) the applicant's ancestors or his/her spouse's ones if the latter are under his/her charge or if there are reasons to justify their need to obtain residence in Spain.

To obtain a residence permit for reunion the applicant must prove that he/she has adequate housing and sufficient income to support his/her family members.

In case of divorce the spouse who obtained the residence because of family reunion and his/her family members will keep his/her permit. Spanish Law admits only one spouse for family reunion, even for foreigners coming from countries in which polygamy is legally recognised.

The Organic Law 8/2000 norms also some effects of family reunion is special circumstances

1) The spouse can obtain an indipendent residence permit when

a) he/she has a work permit

b) he/she can demonstrate that he/she has been living in Spain with his/her spouse for two years (lenghth can be shorter under special family conditions)

2) Children can obtain an indipendent residence permit when

a) they reach their majority

b) they obtain a work permit

According to ECRI, in spite of the efforts of the Spanish authorities to regularise the position of the foreigners living in Spain, there are several persons with regular work permits who complain to be limited in the exercise of some rights attached to the possession of such permits, including family reunification.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide