The immigration offices of several provinces are frequently denying applications for a Spanish family member’s resident card. The main argument is that sufficient economic resources are not shown or that the insurance policy does not offer adequate coverage. Is this legal? What can be done in these cases? We solve the doubts below.
The regime of relatives of Spaniards
The immigration legislation does not expressly regulate the case of the reunification of foreign relatives of a Spanish citizen. Formerly the general regime was applied, which was quite restrictive.
On the other hand, Royal Decree 240/2007, of February 16, regulated the residence in Spain of citizens of the Member States of the European Union. Although it is a more favorable regime than the general one, it requires that these citizens demonstrate that they have sufficient resources to stay in Spain, both they and their families, if they are going to reside in the country for more than 3 months.
Being a more favorable regime, it was decided that this regime was also applicable to relatives of Spanish citizens. That is, the immigration offices began to give a treatment to the Spanish, in the case of wanting to group family members, as if they were a citizen of another European Union country that comes to Spain and wants to live with some of their relatives (spouse, domestic partner, children and ascendants, for example).
However, this is not entirely fair, because the case of a foreign (although European) citizen who lives in Spain and who has to demonstrate sufficient resources with which to remain, can not be equated to that of a Spaniard who can live in Spain without have to demonstrate resources, because one of your rights as a Spanish citizen is, precisely, to be able to live in your country.
The position of the courts on the Spanish family resident card
The same happens with family members. The superior tribunals of the contentious-administrative of several autonomies, ratifying the decisions of the courts of first instance, have recognized, for example, that when it comes to the spouse or domestic partner of a Spanish, it is not necessary to justify that this account has resources for the maintenance of the couple. In this case, family reunification is a fundamental right.
However, although these judicial decisions are reiterated, the immigration offices continue to require that these requirements be met.
What to do in these cases of unjustified refusals of a Spanish-speaking resident card
Our recommendation is to try the corresponding remedy of appeal, first, and the claim before a court of administrative litigation, if the appeal is declared without place. There are great possibilities of obtaining a favorable decision if you are represented by a lawyer knowledgeable about the matter.