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.

Spanish residency for non-EU family members of an EU citizen in Spain, is an extended right.  Family member includes spouse or civil partner, children or dependants of who are part of the household, and under 21 years of age.

A citizen of an EU country has an automatic right to live in Spain, however must obtain their Spanish EU citizen residency certificate before their non-EU family members can then apply for their Spanish residency.

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.

There are nine Spanish Consulates in the USA including Puerto Rico.  The Consulates of Spain in the United States of America provide a number of legal and administrative services to both Spanish citizens and those intending to travel to or do business with Spain.  This includes processing long term visa applications such as the non-lucrative visa for retired people who want to live in Spain.

NOTE:  The consulates are in the process of outsourcing visa application administration to BLS Visa Centres.  The Spanish consulates in the United Kingdom made the switch to BLS in 2023.  You can read more about it here: https://lifestylegroup.es/spanish-non-lucrative-visa-applications-uk-handled-by-bls-international-visa-centres/.

As of the time of writing Boston, Chicago, Houston, Miami and Washington Spanish Consulates in the USA have made the switch, while Los Angeles, San Francisco and New York are still in the process.

Below are details of each Spanish Consulate in the USA and the areas that they cover.

Spanish Consulate in Boston

31 St. James Avenue, Suite 905 Boston, MA 02116
cog.boston@maec.es
Jurisdiction: Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Spanish Consulate in Chicago

180 N. Michigan Avenue, Suite 1500 Chicago, IL 60601
cog.chicago@maec.es
Jurisdiction: Illinois, Indiana, Iowa, Kansas, Nebraska, North Dakota, South Dakota, Ohio, Kentucky, Michigan, Minnesota, Missouri, Wisconsin

Spanish Consulate in Houston

1800 Bering Drive, Suite 750 Houston, TX 77057
cog.houston@maec.es
Jurisdiction: Alabama, Arkansas, Louisiana, Mississippi, Tennessee, New Mexico, Oklahoma, Texas

Spanish Consulate in Los Angeles

5055 Wilshire Blvd., Suite 860 Los Angeles, CA 90036
cog.losangeles@maec.es
Jurisdiction: California (counties: Imperial, Kern, Los Angeles, Orange, Riverside, Bernardino, San Diego, San Luis Obispo, Barbara y Ventura), Arizona, Colorado, Utah

Spanish Consulate in Miami

2655 Le Jeune Road, Suite 203 Coral Gables, FL 33134
cog.miami@maec.es
Jurisdiction: Florida, South Carolina, Georgia

Spanish Consulate in New York

150 East 58th Street, 30th & 31st Floors New York, NY 10155
cog.nuevayork@maec.es
Jurisdiction: New York, Connecticut, Delaware, Pennsylvania, New Jersey

Spanish Consulate in San Francisco

1405 Sutter Street San Francisco, CA 94109
cog.sanfrancisco@maec.es
Jurisdiction: Alaska, Northern California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Wyoming, US Pacific

Consular Section at the Spanish Embassy in Washington, DC

2375 Pennsylvania Avenue, NW Washington, DC 20037
cog.washington@maec.es
Jurisdiction: Maryland, Virginia, West Virginia, District of Columbia, North Carolina

Spanish Consulate in San Juan, Puerto Rico

Edificio Mercantil Plaza, Piso 11 Oficina 1101 Avenida Ponce de León s/n Hato Rey – Puerto Rico 00918
Cog.SanJuandePuertoRico@maec.es
Jurisdiction: Puerto Rico, Islands of Culebra and Vieques, Virgin Islands

The Spanish Non-Lucrative Visa offers residency to nationals from non-EU countries who have the financial means to support themselves without working.  The Non-Lucrative Visa residency scheme is therefore ideal if you are retired or have passive income, for example rental income from properties or income from other investments.  The Non-Lucrative Visa is for people who want to live full-time in Spain, and requires the holder to become tax resident.

What does the Spanish Non-Lucrative Visa Offer?

Spain’s Digital Nomad Visa and Residency is now more than 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.

All three Spanish Consulates in the UK have outsourced handling of Non-Lucrative Visa applications to BLS International.

The consulates in London and Edinburgh were the first to make the switch at the start of summer in 2023 at the onset of Student Visa application processing.

Manchester consulate continued handling Non-Lucrative Visa applications in house, though to the end of October 2023, before making the switch.

Everything is now handled by BLS so all former procedures through the Consulates have been done away with, and new processes with BLS are in place.

Who Are BLS International?

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.

The Spanish Consulate in London covers the southern counties of the UK, Crown Dependencies and British Overseas Territories.  So if you live in East Anglia, the South East or the South West, you’ll take your application to the BLS International Visa Centre in London which handles visa processing for the Consulate of Spain in London.

Locations that come under the Spanish Consulate in London

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 Spanish Consulate in Manchester covers Central UK.  So if you live in the Midlands, the North West, Isle of Man or Wales, you’ll take your application to the BLS International Visa Centre in Salford Manchester, which handles visa processing for the Consulate of Spain in Manchester.

Locations that come under the Spanish Consulate in Manchester