What is the EU Community Family Card about?
¿Necesitas la tarjeta de Familiar de Comunitario? En Ruiz Ruiz Aboogados ,Málaga, realizamoos por ti los trámites necesarios para obtenerla tarjeta de residencia de familiar comunitario

23 de May de 2022

Relatives of UE citizens and EEA Countries, that are not nationals of UE countries can apply for UE CITIZENS´FAMILY CAR as long as the requirements of the Law are met. 

  • Who are CITIZENS of the EU and EUROPEAN ECONOMIC AGREEMENT, (EEA)?

Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland *, Italy, Latvia, Liechtenstein *, Lithuania, Luxembourg, Malta, Norway *, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Sweden, Switzerland **

* States party to the Agreement on the European Economic Area.

** Agreement of June 21, 1999, between the European Community and the Swiss Confederation, on the free movement of personnel.

 

Therefore, if you are a relative of a national citizen of any of the countries named above, (in that post “Community Citizen”), you can choose this type of residence, more beneficial than the General Immigration regulation. 

  • But who are considered a “RELATIVES”?

  1. Spouse.

If you are married to a community citizen, as long as said marriage is in force, that is, there hasn´t been divorce or marriage annulment.

  1. Unmarried partner.

Couples who have an analogy to the conjugal union and who have formalized the union before the Public Registry and provided that they have not cancelled the registration.

  1. Stable partner.

We call a stable couple in this area those who are not registered in the Public Registry but can demonstrate their stable union. We will prove that situation, for example; living together for a minimum of one year, if the couple have children….

  1. Descendants. (Children)

Descendants, could be direct children of the community citizen and children of the spouse or registered partner.

Provided that the descendant is under 21 years of age or older but financially dependent on community citizen, it will have to be demonstrated by sending money, for example, or if the person is incapable.

  1. Ancestors. (Father or mother)

Direct descendant of the community citizen or his spouse or registered partner who financially dependent on community citizen. 

  1. Other relatives.

– Other family members who are financially dependent on the community citizen in their country of origin.

– Other family members who have lived with the community citizen for 24 continuous months in the country of origin.

– Other family members who, due to health or disability reasons, must have the community citizen personally take care of them.

  • Then, knowing who are “community citizens” and who are “their relatives”, we have to analyse the requirements that the Law demands. Therefore, these REQUIREMENTS are;

  1. The community citizen must be a self-employed worker in Spain or 
  2. The community citizen must be employee or
  3. The community citizen must have sufficient financial resources and public or private health insurance.

 

**If the status of the community citizen is “STUDENT“, some requirements are different, then that situation must have a specific examination. 

  • For HOW LONG the card will be in effect?

Generally, the UE CITIZENS´FAMILY CARD is in effect for 5 years. However, can be in effect for the time of residence of the community citizen if the period is less than five years. 

Its renewal after the first 5 years and as long as the requirements are met, would have a duration of 10 years (permanent).

  • What RIGHTS do you have with the UE CITIZENS´FAMILY CARD?

The card will allow you to reside, work like any Spanish citizen and travel through the Schengen area, (Germany, Austria, Belgium, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, the Netherlands, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, the Czech Republic, the Slovak Republic, Sweden and Switzerland).

  • Are there situations in which the UE CITIZENS´FAMILY CARD can be LOSS? 

The answer is yes, generally there are reasons why the right may be lost, however each reason has certain exceptions, which should be considered. 

Reasons:

1-Dissolution of the couple.

2-The community citizen stop residing in Spain. 

3- Being absent from Spain for a certain time by the holder of the community family card.

4-Reasons of public order, public security or public health. 

5- Lose economic resources. 

6-Not having Medical Insurance.

 

UE CITIZENS´FAMILY CARD is a beneficial way to get the residence in Spain but in order to have a successful process each case must be studied and the documentation to demonstrate the requirements and each family and personal situation must be worked.  Ruiz Ruiz Abogados-Lawyers is a Law Firm specializing in that kind of residence and generally in Immigration Law, contact us we are at your disposal. 

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