Residence Card for Family Members of EU Citizens: A Complete Guide to Applying-

In the context of mobility within the European Union, one of the fundamental rights is the free movement of people. This allows EU citizens to live, work, and establish themselves in any member country. However, this right also extends to their non-EU family members through the Residence Card for Family Members of European Union Citizens (RCFM). If you are a family member of an EU citizen and wish to reside in Spain, this document is essential to formalize your legal status and enjoy the benefits of residing in Spanish territory.

At Galilea Abogados, we provide the legal guidance you need to make the TFUEapplication process as straightforward and secure as possible. In this article, we will explain everything you need to know about the Initial and Permanent Residence Cards for Family Members of EU Citizens, the requirements, and the application process.

What is the Residence Card for Family Members of EU Citizens (RCFM OR TFUE)?

The RCFM or TFUE is a document that allows family members of EU citizens to live and work in Spain with the same rights as European citizens, provided certain requirements established by European and Spanish law are met. This card is regulated under the Directive 2004/38/EC of the European Union, which governs the free movement of people and residence within member states.

Non-EU citizens who are family members of an EU citizen are entitled to reside in Spain if they fall under one of the following categories:

Spouses or registered partners.
Children under 21 years old, or over 21 if they are financially dependent on the EU citizen.
Direct ascendants (parents, grandparents) of the EU citizen who are financially dependent on them.

Types of Residence Cards for Family Members of EU Citizens

Depending on how long the family member has lived in Spain and their personal circumstances, there are two types of RCFMs: the Initial Card and the Permanent Card.

1. Initial Residence Card for Family Members of EU Citizens

This is the first card issued to a non-EU family member of an EU citizen who arrives in Spain. It is valid for 5 years, provided the applicant meets the basic requirements, including:

Proof of family relationship with the EU citizen.
Legal residence in Spain (applicants are usually required to already be living in the country when applying).
Evidence that the EU citizen resides or intends to reside in Spain for a significant period.

While this initial card grants temporary residence, it does not provide permanent residency and must be renewed.

2. Permanent Residence Card for Family Members of EU Citizens

The Permanent Card is issued after 5 years of continuous residence in Spain with the initial card. Once the family member completes this period, they may apply for the permanent card, which offers the following benefits:

No need for renewal: Once obtained, the permanent card does not require further renewals.
Full residency rights: The holder has the right to live and work in Spain without additional restrictions or time limits.
Greater legal security: As a document granted after continuous residence, the permanent card offers stability and peace of mind.

Requirements to Apply for the Residence Card for Family Members of EU Citizens

The application process for the TFUE can be complex due to the various requirements, which depend on the type of card being requested. Below are the primary requirements:

Common Requirements for the TFUE Application:

A valid identity document (passport or identity card).
Proof of family relationship with the EU citizen (marriage, birth, or other relevant certificates).
Documentation proving the residence of the EU citizen or family member in Spain (e.g., rental contracts, utility bills).
Health insurance coverage for the applicant (either a private policy or access to the public healthcare system).
Evidence of sufficient financial means, either of the EU citizen or the applicant (if financially dependent).

Additional Requirements for the Permanent Card Application:

5 years of continuous residence in Spain with the initial card.
Proof that the family relationship or cohabitation with the EU citizen has not been interrupted during this period.

Application Process: Step by Step

Applying for the Residence Card for Family Members of EU Citizens involves several precise steps. Below is the general process for the initial card application:

Gather the necessary documentation: Before submitting your application, ensure you have all required documents, including personal identification, proof of family relationship, and residence documentation.
Submit the application to the Immigration Office: Once your documents are ready, you must file your application at the Immigration Office corresponding to your place of residence. Depending on your region, you may be able to apply in person or electronically.
Pay the administrative fees: In most cases, you will need to pay an administrative fee, which varies depending on the type of card.
Await the decision: After submitting your application, the Immigration Office will review your documentation and verify compliance with the requirements. If approved, you will receive a favorable resolution and your residence card.

Why Choose Galilea Abogados for Your Application?

At Galilea Abogados, we specialize in immigration procedures and understand the challenges faced by family members of EU citizens when managing their residence in Spain. Our team will assist you with:

Collecting all necessary documents.
Accurately completing the application forms to avoid common errors.
Handling additional administrative requests.
Managing the application process for both the Initial and Permanent Residence Cards efficiently and securely.

If you have lived in Spain for 5 years and want to apply for the Permanent Card, we can also guide you through this process to ensure the best legal solution for your case.

Conclusion

The Residence Card for Family Members of EU Citizens is a crucial step in securing the right to live and work legally in Spain as a family member of a European citizen. Whether you are applying for the initial or permanent card, proper legal advice can help you avoid delays or complications.

If you need assistance with your TFUE application, don’t hesitate to contact Galilea Abogados. We are here to provide the support and guidance you need to make the process as smooth as possible.

Get in touch with us today and secure your right to live in Spain!

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