How can I bring my spouse or adult child residing abroad to Spain?
It is relatively common for people to come to Spain while their spouse or children are still living in their country of origin. Here we are going to tell you how you can bring them over so they can work and live in the country legally.
First, when talking about children we must differentiate between whether they are minors or adults.
If your child is a minor and you reside in Spain legally, the usual process to follow would consist of family reunification. This is a relatively simple procedure, since those who legally reside in Spain have the full right to regroup minor children residing abroad, subject to meeting certain criteria.
On the contrary, if the child is of legal age, the situation gets a bit more complicated, although it is still possible via the following routes.
1.- Family reunification of an economically dependent spouse or child.
The main difference between this family reunification and that of minor children is that in this case you need to prove economic dependency with respect to the person residing in Spain, demonstrated through support to their spouse or child in the country of origin from money transfers or bank deposits made from Spain.
This makes things difficult, since the Immigration Office will analyze the evidence provided to assess whether or not the person is really economically dependent of the family member residing in Spain in the terms set out in the legislation. They also take into consideration the family and the social and work context of the spouse or child.
It is a somewhat complicated process, especially regarding proof that can be provided, making it impossible to guarantee whether or not the residence authorisation will be approved, while waiting for the resolution to be issued.
2.- Authorization of preferential residence by employment contract, without the need to overcome the national employment situation.
This route consists of applying for an initial residence permit as an employee. Normally, in order to hire a foreigner residing in their country of origin, the offer first needs to be published and the Public Employment Service must search for candidates who can fill the vacant position. The residence permit will only be approved in the event that the position cannot be duly filled by a Spanish citizen or by a foreigner legally residing in Spain.
However, in certain cases, the law allows us to avoid having to overcome the existing national employment situation at the time of the application. This is a great advantage, as in the case of brining our family members to Spain, they simple need to have an offer for an employment contract.
The question is: in which cases can I avoid having to overcome the national employment situation?
The answer is found in article 40 of Organic Law 4/2000, of January 11, which establishes the following:
The national employment situation will not be taken into account when the employment contract is addressed to:
a) Regrouped family members of working age, or the spouse or child of a foreigner residing in Spain with a renewed authorization, as well as the child of a nationalized Spaniard or of citizens of other Member States of the European Union and of other States party to the Space European Economic, provided that the latter have been residing legally in Spain for at least one year and the community regime is not applicable to the child.
In other words, if you are a legal resident in Spain through a residence permit that has already been renewed and want to bring our spouse or our child of legal age to Spain, the requirement of having to overcome the national employment situation would not apply, so a Spanish company would be free to hire your spouse or child, even though in Spain there may be suitable candidates to fill that job.
Nieto Jones: your immigration lawyer.
At Nieto Jones we are experts with extensive experience in immigration law. Contact us by phone 610632963 or by email contact@nietojones.com. We will be happy to review your situation, offer you the best advice and help you bring your relatives to live with you in Spain.
