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VISAS

Q&A: Can EU nationals bring non-EU family members over to Spain?

If you're an EU national living in or wanting to move to Spain, find out if you can bring a non-EU family member to live with you. Here, we answer some of the most common questions surrounding the process.

Q&A: Can EU nationals bring non-EU family members over to Spain?
Can EU nationals bring non-EU nationals with them to live in Spain? Photo: Brad Dorsey / Pixabay

Yes, there is an option for EU nationals to bring non-EU family members to Spain. The main way is by applying for a residence card of a family member of a European Union citizen or tarjeta de residencia de familiar comunitario. Here are some of the most common questions about the card and their answers. 

What is the residence card of a family member of a European Union citizen?

The residence card of a family member of an EU citizen allows the relative of an EU citizen to come and live with them in the EU. 

Who is eligible?

  • The spouse of an EU national (you must be able to provide a valid marriage certificate)
  • Unmarried partners, providing you can provide proof that you are in a long-term stable relationship and have been living together for some time (usually one or two years, but depends on circumstances). This could be a pareja de hecho in Spain, instead of a marriage.
  • Dependent children of an EU national under 21 years old (you must be able to provide a valid birth certificate)
  • Dependent parents of an EU national (proof must be provided of your relationship and that they are dependent on you)
  • Any other dependent relatives (proof must be provided that they cannot look after themselves and are financially dependent on you).
  • Be aware, you will also need to prove you have the financial means to support your relatives.

READ ALSO: Civil union or marriage in Spain: which one is better?

What benefits does the residence card offer?

  • The ability for your family member to live in Spain with you
  • The right for your family member to work in Spain under the same conditions as other EU citizens
  • The ability to enter and leave Spain and travel to other countries within the EU
  • However, the card does not give you the right to live in any EU country, only in the country you applied for it in – in this case, Spain.

When must it be applied for?

The card must be applied for during the first three months of your relative arriving in Spain to able to continue living here.  

How long is the process to get an EU residency card?

The Spanish authorities should make their decision to issue your family member with a residency card within six months. It may be quicker than this, but you should expect around a six-month waiting period. While your family member is in Spain however they cannot be expelled from the country while the application is in progress.

What if my application is rejected?

If your residency application is rejected, then the Spanish authorities will let you know in writing, giving a reason why. They will also let you know what you must do to appeal the decision and when it must be done by.

How long is the card valid for?  

The initial residency card will be valid for five years. You can then renew this for a permanent 10-year residency card. After this, your card will need to be renewed every 10 years.

Will I lose my Spanish residency if I get divorced?

If you obtained your Spanish nationality on the basis that you were married to an EU national, then you may wonder what will happen to your residency rights if you get divorced or decide to break up.

The good news is that you will not lose your residency card as long as you have lived with your partner for at least three years and at least one of those has been in Spain.

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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