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Family Residence in SpainUpdated for 2026 Regulations

Spain Arraigo Familiar & EU Family Residence 2026 | EX-24 vs EX-19 Guide

Official guidance and statutory benchmarks for Spanish residency and immigration based on current Ministerio de Inclusión, RD 1155/2024 and BOE standards.

Overview & Statutory Background

Spain has several family-based residence mechanisms, and they should not be treated as one single permit. In 2026, the residence authorization for qualifying family members of Spanish citizens is regulated under Articles 93 to 98 of the Reglamento de Extranjería approved by Real Decreto 1155/2024 and normally uses Form EX-24. The Tarjeta de residencia de familiar de ciudadano de la Unión under Real Decreto 240/2007 uses Form EX-19 and applies to qualifying non-EU family members of EU/EEA/Swiss citizens who exercise their free-movement residence rights in Spain. A Spanish citizen who has exercised the right of free movement can also bring a family member through the EU-family route; otherwise the Spanish-family route normally applies. Arraigo Familiar under the current Reglamento is a separate exceptional-residence category with a much narrower set of qualifying circumstances and should not be presented as the general spouse or child route for a Spanish citizen.

Family Residence in Spain Key Facts (2026)

Spanish Citizen Family RouteTemporary residence authorization for family members of Spanish nationals; normally EX-24

EU Family CardTarjeta de familiar de ciudadano de la Unión; EX-19

Spanish Citizen Exercising Free MovementQualifying family member may use the EU-family route under the applicable conditions

Spanish Family AuthorizationNormally valid for 5 years when the foreign family member is already in Spain, subject to the statutory rules

Work RightsThe Spanish-family authorization allows employment or self-employment without an additional work permit

Arraigo FamiliarSeparate exceptional-residence route; not the general spouse/child route for Spanish citizens

General Permanent EU Family CardNormally available after 5 years of qualifying residence under the EU-family regime

Which Family Route Applies: EX-24, EX-19 or EX-10?

Autorización de residencia temporal de familiares de personas con nacionalidad españolaForm EX-24

Legal Basis: Articles 93 to 98 of RD 1155/2024.

This is generally the route for a third-country national who is a qualifying family member of a Spanish citizen and the Spanish citizen has not exercised EU free-movement rights in the circumstances required for the EU-family regime.

Validity: When the foreign family member is in Spain, the authorization is generally valid for five years, or for the Spanish family member's expected period of residence when that period is shorter.Full Work Rights (Cuenta Ajena & Propia)

Tarjeta de residencia de familiar de ciudadano de la UniónForm EX-19

Legal Basis: Real Decreto 240/2007 and Directive 2004/38/EC as implemented in Spain.

Applies to qualifying non-EU/EEA/Swiss family members accompanying or joining an EU/EEA/Swiss citizen who has a right of residence in Spain for more than three months.

Spanish Citizen Free Movement Exception: For a Spanish citizen, the Ministry states that the EU-family channel may be used where the Spanish citizen has exercised the right to free movement. Otherwise, the family member generally uses the Spanish-national family authorization under EX-24.

Arraigo FamiliarForm EX-10

Scope: The current Arraigo Familiar route is a separate residence authorization for exceptional circumstances. The current Ministry guidance identifies, among other covered cases, a parent or tutor of a minor who is an EU/EEA/Swiss national, and certain family caregivers of a person with a disability who is an EU/EEA/Swiss national.

Critical Distinction: Do not use Arraigo Familiar as a generic substitute for the family-member-of-a-Spanish-citizen residence authorization. The legal categories and requirements are different.

Decision Guide: Practical Family Scenarios

Applicant & Sponsor Situation	Applicable Statutory Route & Form
Spanish citizen who did not exercise EU free movement	Generally use the Spanish-family temporary residence authorization under EX-24.
Spanish citizen who exercised EU free movement	The Ministry states that the family member may use the EU-family route under EX-19 where the free-movement conditions are met.
French, German, Italian or other EU citizen living in Spain	A qualifying non-EU family member normally uses the EU-family card framework under RD 240/2007.
Parent of an EU/EEA/Swiss minor in Spain	May fall within the current Arraigo Familiar category if all Article 127 conditions are met.

Eligible Family Members & Qualification Criteria

Family Members of Spanish Citizens (RD 1155/2024):

SpouseA spouse over 18 can qualify while the marriage remains valid and is not a marriage of convenience.

Registered PartnerA registered partnership meeting the statutory conditions can qualify where the registration is valid and has not been cancelled.

Stable Unregistered PartnerA stable unregistered relationship can qualify when the required durable relationship is properly established; the current regulation generally recognizes at least 12 continuous months of comparable cohabitation, but no prior cohabitation period is required where the couple has common children if the relationship continues.

ChildrenChildren of the Spanish citizen, and qualifying children of the spouse or partner, can qualify when under 26, or over 26 when dependent, or when they have a disability requiring support for the exercise of legal capacity.

First-Degree AscendantsParents and qualifying first-degree ascendants can qualify in the statutory cases, including dependency and lack of family support in the country of origin, or on humanitarian grounds.

Parent/Tutor of Spanish MinorA parent or tutor of a Spanish minor can qualify when the applicant has the child in their care and lives with the child or is meeting parental obligations.

CaregiverOne qualifying family member up to the second degree may obtain the authorization where they provide or will provide care required by a Spanish citizen with a recognized degree of dependency.

Children of Spaniards by OriginChildren whose father or mother is or was a Spanish citizen by origin are specifically covered by the current framework.

Other Dependent FamilyOther family members outside the principal categories may qualify where their dependency on the Spanish citizen is properly demonstrated.

Family Members of EU/EEA Citizens (RD 240/2007):

Spouse.
Registered partner.
Direct descendants under 21, or older descendants who are dependent or incapacitated.
Direct ascendants who are dependent.
Certain other dependent family members, family members who lived with the EU citizen in the country of origin, or persons requiring care because of serious health or disability reasons.
A stable unregistered partner when the durable relationship is sufficiently proved.

Core Statutory Requirements

Spanish Citizen Route (EX-24):

The applicant must be a national of a country outside the EU, EEA and Switzerland.
The relevant qualifying family relationship with the Spanish citizen must be established and continue as required by the chosen category.
The applicant must satisfy the applicable criminal-record, public-order, security and health requirements.
The applicant must not be in an applicable prohibited return period.
Where the category requires dependency, care, cohabitation or another special condition, that condition must be documented.
For foreign public documents, the applicable apostille/legalization and official-translation rules must be followed.

EU Citizen Family Card (EX-19):

The applicant must be a non-EU/EEA/Swiss family member.
The applicant must accompany or join the EU/EEA/Swiss citizen in Spain and intend to reside for more than three months.
The EU/EEA/Swiss citizen must satisfy the applicable residence condition, such as employment, self-employment, sufficient financial resources with health coverage, or student status with the required resources and health coverage.
The family relationship or dependency must be documented according to the category.

Economic Means Nuance: The Spanish-family authorization is not based on a general fixed IPREM-style income threshold for the Spanish citizen. The EU-family route instead requires the EU citizen to satisfy the relevant Article 7 conditions, including employment, self-employment or sufficient resources and health coverage where those conditions apply.

Application Document Dossier by Route

EX-24 Spanish Family Checklist:

EX-24Current application form for temporary residence of family members of a Spanish citizen.

Spanish citizen identificationValid DNI or Spanish passport.

Foreign applicant passportComplete copy of a valid passport or recognized travel document.

Family relationship evidenceMarriage certificate, registered-partnership evidence, birth certificate, dependency evidence, proof of stable relationship or other documentation corresponding to the exact category.

Criminal recordsWhere required, certificates covering the countries in which the applicant lived during the previous five years. When the application is made in Spain, the health-certificate requirement is treated differently under the current Ministry guidance.

Legalization and translationForeign public documents normally require apostille or legalization unless exempt under an applicable treaty, and must be translated into Spanish or the applicable co-official language by an authorized translator.

EX-19 EU Family Card Checklist:

EX-19Official application form for the EU-family residence card.

PassportValid passport of the non-EU family member.

Relationship evidenceMarriage, partnership, birth, dependency or other qualifying-family evidence.

EU citizen statusSpanish DNI where applicable, or EU citizen registration certificate and evidence of the sponsor's qualifying residence condition.

Economic/health evidenceProvided when the EU citizen relies on sufficient resources, student or another Article 7 category requiring those conditions.

Work Rights During Application Processing

Spanish Citizen Route (EX-24): The current Ministry guidance states that filing the Spanish-family residence application gives provisional permission to remain in Spain and, for family categories corresponding to spouses/partners and specified descendants, provisional authorization to work while the application is being processed, subject to final grant of the authorization.

EU Family Route (EX-19): Family members' EU-law residence rights derive from the applicable EU free-movement framework and should not be reduced to a general statement that every applicant automatically receives a work permit merely because an EX-19 application was submitted. The exact position depends on the applicable status and procedural evidence.

Post-Approval Employment Scope: The Spanish-family residence authorization expressly permits work for an employer or self-employment anywhere in Spain and in any occupation or sector during its validity.

Separation, Divorce & Retention of Residence Rights

EU Family Framework: A divorce, annulment, cancellation of a registered partnership or death of the EU sponsor does not automatically answer whether the non-EU family member loses the right of residence. RD 240/2007 contains specific rules for retention of residence rights.

The 3-Year Marriage / 1-Year in Spain Rule:One important retention route after divorce or annulment requires the marriage or registered partnership to have lasted at least three years up to the beginning of the judicial proceedings, with at least one year of that period having occurred in Spain.

Other Statutory Grounds for Retaining Residency:

Custody of children of the EU citizen in certain circumstances.
A court or mutual agreement establishing a right of access to a minor child residing in Spain.
Particularly difficult circumstances, including qualifying gender-based violence or trafficking situations.

Spanish Citizen Route Distinction: The newer Spanish-family authorization has its own rules for maintaining and renewing residence after changes in the family relationship. A divorce or separation should therefore be assessed under the exact authorization and statutory route involved rather than applying the EU three-year rule automatically.

Step-by-Step Procedure Roadmap

Identify the Correct Family Route

First determine whether the sponsor is Spanish, another EU/EEA/Swiss national, or a Spanish citizen who has exercised EU free-movement rights. This determines whether EX-24 or EX-19 is normally relevant.

Document the Family Relationship

Prepare marriage, partnership, birth, dependency, cohabitation or care evidence according to the specific family category.

Prepare Foreign Documents

Apostille or legalize foreign public documents when required and obtain the required official Spanish translation.

Submit the Application

Submit the Spanish-family application through the competent Oficina de Extranjería/Mercurio or the route specified by the Ministry. EU-family-card applications are submitted according to the procedure established under RD 240/2007 and the competent authority.

Complete the TIE Procedure

Where a physical residence card is required, complete the police/TIE procedure after the applicable authorization or card decision and within the prescribed period.

Frequently Asked Questions

It depends on the Spanish citizen's EU free-movement history. The Ministry states that a family member of a Spanish citizen can use the EU-family route with EX-19 when the Spanish citizen has exercised the right to free movement. Otherwise, the Spanish-national family route under EX-24 is generally used.

No. The current Arraigo Familiar category is a separate exceptional-residence route with specific qualifying situations. The general family route for qualifying relatives of a Spanish citizen is the temporary residence authorization regulated by Articles 93 to 98, normally using EX-24.

Yes. The Spanish-family temporary residence authorization expressly permits both employment and self-employment anywhere in Spain, in any occupation or sector, subject to the legal conditions of the authorization.

When the foreign family member is already in Spain, the current Ministry guidance states that the authorization is generally valid for five years, unless the Spanish family member's expected residence period is shorter. The rules for renewal or transition to another status depend on the person's circumstances.

The Ministry states that submission gives provisional permission to remain in Spain and, for specified family categories including spouses, partners and certain descendants, provisional authorization to work while the application is being processed, subject to the final grant of the authorization.

Not necessarily. RD 240/2007 contains specific retention rules. One important route after divorce or annulment is where the marriage or registered partnership lasted at least three years before the start of the proceedings and at least one year of that period was spent in Spain, but other retention grounds can also apply.