We tell you below all the details about family ties.
One of the authorizations for temporary residence due to exceptional circumstances provided for in the Spanish regulations on Foreigners is the so-called residence in Spain by family attachment, which should not be confused with social roots (explained in this other article).
Residence in Spain by family attachment: who can request it
There are two cases in which a foreigner can be beneficiary of family roots:
1- Be the father or mother of a minor of Spanish nationality.
Although article 124.3 of the regulation of the law on foreigners, also states that the child must live with the applicant and be in charge, the fact is that currently the Immigration Offices usually grant the residence permit simply with the verification of the filiation .
On the other hand, and although it seems obvious, we must insist that this permission only applies if the child is a minor, that is, he is under 18 years of age. Otherwise, it would be appropriate, if other requirements are met, to request the community family card.
Finally, it must be remembered that for the mere fact of having been born in Spain, the child will not necessarily be Spanish. It will only be Spanish if one of the parents is, or if it is in any of the cases in which it can be considered stateless, explained in one of our articles (which you can see in this link).
2- Being the son of a father or mother who were originally Spanish.
This presents greater difficulties and is more limited than one might think. In effect, this authorization can not be requested, for example, if it is a child of legal age of a Spaniard who has obtained nationality by residence.
On the other hand, if it is a minor child whose father or mother had obtained the nationality by residence, then the appropriate thing is to apply in turn for the nationality by option (article 20.a of the Civil Code) instead of the residence in Spain by family attachment.
Nor does it proceed if the father or mother acquired the nationality by option.
In turn, if the father or mother were not only originally Spanish but also were born in Spain, then what is appropriate is to apply for Spanish nationality by option (Article 20.b of the Civil Code) instead of residence.
As we see, we must analyze each specific case to determine if the father or mother were originally Spanish and if there is no more favorable mechanism for the applicant for residence authorization in Spain by family attachment.
Residence in Spain due to family ties: what documents do we need?
In addition to the application form (form EX-10) and full passport, with a minimum validity of 4 months, it is necessary to accompany a criminal record certificate of the countries in which you have lived during the last 5 years. The latter must be legalized and apostilled (and if not in Spanish, duly translated).
But the fundamental document is the proof of family ties and nationality:
1- In the case of being the father or mother of a minor of Spanish nationality, the birth certificate of the minor of Spanish nationality in which the family bond and the Spanish nationality of said minor is recorded.
2- In the case of being the son of a father or mother originally Spanish:
a- Birth certificate of the applicant.
b- Birth certificate of the father or mother originally Spanish or certificate of the Civil Registry proving this condition. That is, a foreign certificate that indicates the nationality of the father or mother is not enough, the birth must have been registered either in the Spanish consulate or directly in the Spanish registry.
Residence in Spain by family roots: the small print
A recurrent problem for those who request this type of residence permit due to exceptional circumstances, is that it is initially granted for one year, but it is not renewed with the same documents.
In effect, the renewal must be made, in the opinion of the Immigration Offices, as a modification, either for a residence permit and self-employed or self-employed work, or a non-profit residence, for example.
But in all these cases it is necessary to comply with the requirements for each of these situations (to have a job offer, a business project or sufficient own resources, depending on the case).
That’s why the usual thing is that those who ask for the renewal of this residence permit in Spain by social roots, and do not accompany the aforementioned documents, deny them such renewal.