The EU travel rules for non-EU family members of EU citizens are different to the general rules for other nationals of non-EU countries.

If you are a citizen of an EU country living in or or travelling to another EU country, your family can join you, including core family members who are not EU citizens.

Non-EU core family members include spouse, children, dependent descendants, dependent parents or dependent grandparents. It also applies to non-EU registered partners, however only if the country they are travelling to considers registered partnerships as equivalent to marriage.

What documents does a non-EU family member need to travel to an EU country with their EU family member?

Depending on which country the non-EU family member is from, aside from a valid passport from their home country, they may or may not need a visa.

A non-EU family member who is a citizen of a country who’s nationals are allowed visa free travel to the Schengen area will not need a visa, whereas a family member from a country where Schengen visa are required will.  The exception to this is where the non-EU family member holds a residency card issued by and EU country that is in the Schengen area.

For example a South African married to a German would need Schengen visa to travel to Spain with their spouse, however if they held a German residency card, they would not.

If a visa is required for a non-EU family member, according to EU rules it should be free of charge and processed under a fast track application procedure for core family members of an EU citizen.

A visa for a non-EU family member can be declined fir they fail to prove:

• they are a family member of the EU citizen
• that the EU citizen lives in or will travel to an EU country other than the country of their nationality
• they will join or accompany the EU citizen in that country

Additionally, EU countries have the right to refuse visa application for reasons linked to public policy, security or health, and reasons linked to abuse or fraud.

How long can a non-EU family member stay in an EU country with their EU family member?

Non-EU family members are entitled to accompany or join their EU family member without any conditions or formalities for consecutive periods of up to 3 months per EU country visited.  They are not subject to the overall limitation of up to 90 days in a 180-day period that applies in the Schengen area, i.e stays different EU countries can be combined without an overall time-limit.

So for example they could stay for 3 months in Spain, then 3 months in France consecutively, whereas other non-EU nationals would have to leave the Schengen area after a 3 months stay in Spain and would have to wait another 3 months before they could visit another Schengen country again.

Conditions of the EU rules on residence apply to non-EU family members of EU citizens visiting EU countries

EU citizen and non-EU family member staying in an EU country for up to 3 months

For stays less than 3 months, all that is needed is a valid passport and an entry visa for the non-EU family member if applicable.

EU citizen and non-EU family member staying in an EU country for more than 3 months

The applicable EU directive (2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004) allows each member state to set its own administrative and registration formalities for EU citizens of other EU countries coming to stay in their country for more than 3 months.  Articles 7, 8 and 9 cover residence for periods or more than 3 months and the administrative requirements that may be put in place.

While requiring the registration formalities is optional for each member state for EU citizens, it is are not optional for the their non-EU family member.

Article 9

Administrative formalities for family members who are not nationals of a Member State

1.   Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.

2.   The deadline for submitting the residence card application may not be less than three months from the date of arrival.

3.   Failure to comply with the requirement to apply for a residence card may make the person concerned liable to proportionate and non-discriminatory sanctions.

If a member state has a requirement for registration for EU citizens for periods of residence longer than three months according to the directive ‘failure to comply with the registration requirement may render the person concerned liable to proportionate and non-discriminatory sanctions’.

What is the registration requirement for EU citizens and their Non-EU family members in Spain?

If the EU citizen and their non-EU family member family want to stay longer than 3 months in Spain, then the EU citizen is required to report their presence to the relevant authorities, and their non-EU family member must apply for a residence card.

In Spain the procedure for the EU citizen is an application for a ‘residency certificate‘ which is done at the National Police station.  This has to be done before the non-EU family member can apply for their residency card, as the EU family members residency certificate is required in their application.

Read more about getting a residency card for a non-EU family member of an EU citizen in Spain.

Spain’s Digital Nomad Visa and Residency is now nearly two years old and has become the second most popular Spanish residency after the Non-Lucrative Visa.  This visa or residency permit allows the holder to live in Spain and work remotely or online.  It can be applied directly in Spain, or via the Spanish Consulate in the country in which you currently reside.

It’s now the beginning of the 4th year since the UK left the EU changing the requirement and costs for British nationals to get residency in Spain.  British nationals apply for a Spanish residency visa if they want to live in Spain, and by far the most popular is the Non-Lucrative Visa.

We initially published this article early in 2021 not long after Brexit, and now three years into the ‘new norm’ for Brits, we revisit the requirements and costs for British nationals to a Spanish Non-Lucrative Visa and highlight the most recent changes.

We cover the general requirements in our article Spanish Residency Requirements for British Citizens and UK Nationals.

Here we drill down further into what the Spanish residency requirements for British nationals and the costs in real terms.

British citizens / UK nationals now have to follow the same process as other non-EU national citizens of third countries to get Spanish residency, i.e. there is a requirement to first obtain a visa.

The financial means required for a British Citizen / UK national to obtain a residency visa, is a lot higher than it was when the UK was in the EU.  A single applicant needs to have around €30k per year in either income or savings, whereas a citizen of an EU country €6k is sufficient.

British nationals also have to obtain a police criminal report, get official supporting documents legalised, and medical certificates are also required for most visa applications.

The Spanish Non-Lucrative Visa offers residency to British nationals who have the financial means to support themselves without working.  The Spanish Non-Lucrative Visa scheme is therefore ideal if you are retired, or have passive income, for example income from rental properties or other investments.  The Spanish Non-Lucrative Visa is intended for full-time residency in Spain, i.e. 6 months or more per year.

What does the Spanish Non-Lucrative Visa Offer UK British Nationals?

The withdrawal agreement guaranteed EU rights for British citizens and UK nationals that were legally resident in Spain before ‘Brexit’, and a special residency card was introduced.  The withdrawal agreement TIE,tarjeta de indentidad de extranjero, for resident Brits in July 2020.  The ‘Brexit’ foreigner’s ID card recognises the holders pre-Brexit rights and most British citizens and UK nationals who had EU citizen Spanish Residency Certificate, have exchanged their certificate for this.

This retained right to Spanish residency extends to the family members of British nationals who hold residency in Spain under the withdrawal agreement.  Family member includes spouse or civil partner, children or dependants of who are part of the household, and under 21 years of age.  To qualify, the family connection must have existed before ‘Brexit’ (January 130th 2021), i.e. child born before or marriage before 30th January 2020.

If the family connection came into existence after ‘Brexit‘ then there is a different route that has to be followed known as ‘family reunification’.

The non-EU family member makes their residency application in Spain, and must be legally present when they do so.  The non-EU family member does not need to apply for a long term residency visa before they come to Spain.  If they are a national of a country who’s citizens enjoy visa free travel as tourists to the Schengen zone, they can travel to Spain under Schengen rules and make their family member residency application whilst they are within their 90 days allowed under Schengen rules.

If the non-EU family member is a national of a country who’s citizens don’t enjoy visa free travel to the Schengen area, then they must first apply for a short stay Schengen visa in their home country.  This can be applied for through the Spanish consulate or the consulate of any other EU country in their home country.

Spanish Residency for non-EU Family Members of a British national who is resident in Spain under the withdrawal agreement – Application Process

There are two stages in the application process for Spanish residency for a non-EU family members of an British national who is resident in Spain under the withdrawal agreement.  In the first stage an application for residency is presented to the Foreigners Office (extranjeria) in the province where you reside.  The second stage is the application for the residency card TIE, tarjeta de identidad de extranjero, which is completed at the National Police Station in the area that you live.

The initial application can be presented in person or by an authorised representative.  It can be done face to face at the Foreigners Office, or submitted online.

Once the initial application has been approved,  you make an appointment at the Police Station to apply for the TIE ‘tarjeta de identidad de extranjero‘ .  Your application and ID is checked, fingerprints recorded, and if all is in order, you will be given confirmation of your processed application and you card will be ready to collect in a few weeks.

Spanish Residency for non-EU Family Members of an British national who is resident in Spain under the withdrawal agreement – Requirements

Aside from being legally present in Spain, the following are required for a non-EU family member Spanish residency application.

• Valid passport or travel document
• Withdrawal Agreement TIE of the resident family member
• A permanent address in Spain and collective townhall registration ‘padron‘ certificate
• Proof of the family connection, e.g. for spouse marriage certificate or birth certificates for children
• Sufficient financial means to support the family in the name of the EU citizen
• Access to state healthcare, or proof of private medical insurance providing cover equal to that provided under the state system
• Evidence of intent to leave home country permanently, e.g. sale of home, de-registration from tax office, ending or employment, removals etc
• Proof that they are living in Spain, e.g. bank card transactions showing day to day expenditure in Spain
• A letter of motivation explaining circumstances and intentions

Financial Means for Spanish Residency for non-EU Family Members of a British national who is resident in Spain under the withdrawal agreement

The amount of income that is required for non-EU family member residency applications is based on the amount that according to law in Spain is considered the minimum amount sufficient to live on.  The amount is reviewed annually and may be adjusted in line with the changes in the cost of living.  The actual minimum amount required in any case will depend on the make up of the family unit, i.e. more family members equals more required, and if there are adult children this will also increase the amount needed.

The table below provides examples of the amounts required with various family units.

Financial means can be income, savings or a combination of both.  Source of income must be evidenced, e.g. work contract and payslips, bank statements must be provided to show income being received or if applicable current savings balances.

Documents that are not in Spanish must be translated into Spanish by a sworn translator, and Government issued documents such as marriage and birth certificates must also be legalised, if they were issued in a country that is not in the EU.

As with many official procedures in Spain the application of rules varies from one area to the next, so in some provinces things may be needed that in others are not.  When researching it’s important to be aware of this, especially if your are using social media.

We have many years of experience handling non-EU family member applications throughout Spain and dealing with the various provincial immigration offices, so we have first hand knowledge of what each requires.

If you a non-EU family member of a British national who is resident in Spain under the withdrawal agreement planning to move to Spain feel free to get in touch to get an assessment of your situation and information about our service.

Enquire About Spanish Residency For A Non-EU Family Member of a British national who is resident in Spain under the withdrawal agreement

The UK is no longer in the EU and the process and costs to register a UK car in Spain are a lot more than they were before Brexit.

This is because UK cars now are now treated as vehicles from third countries and must clear customs, have import duty and VAT paid, or get a waiver if your car qualifies for customs exemption.

The process you follow will depend on your situation, as will the cost.  You’ll need to budget for costs of around €1,500 with taxes as applicable on top.

Now that BLS International have taken over processing of Non Lucrative Visa Applications, it is no longer possible to track your application through the Spanish Consulate portal.  BLS have their own tracking system and in addition to this your can also check the progress of your residency application on the Spanish immigration website.

Spanish Residency Certificate for Citizens of EU countries

All EU and EEA (European Economic Area) citizens and their family members have the right to visit, live or work in Spain.  A Spanish residency certificate confirms your status as a resident in Spain. For stays of up to 3 months there is no need to register or obtain any Spanish documentation unless you are going to be working, or for example buying a property, in which case you’ll need an NIE.  After that period, or if you intend to stay more than 3 months, you are expected to register as a resident.

You are given a residency certificate, or ‘certificado de residencia‘, when you successfully register.  The issue of certificates is controlled by the National Police, (Cuerpo Nacional de Policia).

If you’re not a Spanish citizen and want to live in Spain, you have to obtain Spanish residency.  The process that you have to follow to get Spanish residency depends on your nationality, whether you are from an EU country, and if not, what you plan to do whilst you are a Spanish resident.

Nationals of member states of the European Union and Switzerland, as well as other countries party to the agreement on the European Economic Area, have an unconditional right to reside in Spain.  Nationals of countries aside from these, are able to gain residency based on achieving other qualifying conditions and in most cases need to obtain a visa.

For someone planning to live long term in Spain, temporary Spanish residency is the first step towards getting permanent resident status, which can be applied for after 5 years. Thereafter if someone so wishes, they can apply for Spanish citizenship after completing 10 years of permanent residency in Spain.

Spanish Residency for Citizens of EU Countries