Sponsoring a family member who is already present in Spain is a common concern for many foreign nationals. Whether the family member entered legally and overstayed their visa, or they are still within the validity period of their permit, the process of regularising their status can be approached through specific legal pathways. Understanding the criteria, documentation, and steps involved is essential to avoid delays or rejections. This article outlines the key points related to sponsoring a family member in such circumstances, following the current Spanish immigration framework.
Can I Sponsor a Family Member Who Is Already in the Country?
Basic Requirements for the Sponsor
To initiate the sponsorship process, the resident sponsor must:
- Hold a valid residence permit in Spain that has been renewed at least once.
- Demonstrate sufficient financial resources to support the family member.
- Provide proof of suitable housing conditions.
- Show legal documentation that proves the familial relationship.
These requirements are strictly assessed by immigration authorities. An abogada extranjeria Valencia with experience in family reunification cases can provide guidance through this process and verify that the supporting documents are in order before submission.
Which Family Members Can Be Sponsored?
Under the general immigration system, the following family members are eligible for reunification:
- Spouse or registered partner.
- Children under 18 years of age or disabled children of any age.
- Parents of the sponsor or their spouse, if they are over 65 and dependent on the sponsor.
Sponsoring a family member who is already in Spain does not bypass these categories. Immigration authorities will still require documentation proving that the relationship exists and that the conditions for dependency or care are met.
What if the Family Member Is Already in Spain?
When a family member is already in the country, two scenarios are common:
- They entered legally and have an active stay permit or short-term visa: In this case, a family reunification application may be submitted before the visa expires. The family member may be allowed to remain in Spain during the processing period, though legal guidance is recommended.
- They entered without a visa or overstayed their permission: In this scenario, the family reunification route may not be applicable. However, regularisation options such as arraigo familiar (based on family ties) or arraigo social (based on social integration) may be available.
Each of these options has specific requirements, such as length of stay in Spain, integration into society, and family relationships. Legal support from an abogada extranjeria Valencia can be essential in evaluating which option applies best to the specific case and preparing the necessary documents for submission.
Final Thoughts
Sponsoring a family member already in Spain is possible, but it depends on various factors such as their immigration status, your legal standing, and the nature of the family relationship. While family reunification is a standard process for legal residents, alternative legal pathways may be more appropriate in some cases. It is possible to regularise the situation of your family member and help them gain lawful residency by following the legal procedures and seeking qualified assistance.
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