Many people with a citizenship from a Country of the European Union or of other States of the European Economic Area, who reside in Spain wonder:
“If I am from the community, can my cousin apply for the community family card? And my uncle? And my grandparents? Which relatives can request this card?”
We answer these questions below.
Until October of 2015, the only family members who could be beneficiaries of the Community Family Card were, as established in Article 2 of the Royal Decree 240/2007, of February 16th, the following:
Spouse.
Pareja de hecho or de facto couple
Direct descendants under 21 years of age or older who live in their care or who are disabled.
Direct ascendants, who live under their charge.
However, in October of 2015, a modification was introduced through the Royal Decree 987/2015, of October 30th, adding a new article, Article 2 bis, which extends the possibility of requesting the community family card to any family members including unregistered partners. This is what is called the Community Card for Extended Family.
In order to obtain this residence permit, there are certain requirements that were established, depending on whether it is a family member or an unregistered partner. The requirements are the following:
For any family member of the EU citizen, the family member from a third country must prove:
That, in the country of origin, they are dependent on them or live with them,
That, for serious reasons of health or disability, it is strictly necessary for the citizens of the Union to take charge of the personal care of the family member.
In addition, it will be valued:
The degree of financial or physical dependency,
The degree of kinship with the citizen of a Member State of the European Union or other States of the European Economic Area,
The severity of the illness or disability that makes personal care necessary or the time of previous cohabitation.
In any case, coexistence will be understood to be accredited when continuous cohabitation of 24 months in the country of origin is reliably demonstrated.
Now, what is considered “being in charge”? what does the degree of economic dependence have to be?
The jurisprudence considers “being in charge” as an indeterminate legal concept, which will be proven when the economic and social circumstances are such that the family member from the third country is not in a position to provide for their basic needs. There is a need for material support, which must be provided in the country of origin. In addition, it will be considered that it is in charge, when the community family member has transferred or borne expenses of at least 51% of the GDP.
For unregistered de facto couples, you must prove:
Existence of a lasting bond. In any case, the existence of this link will be understood if a time of marital coexistence of at least 1 continuous year is accredited.
The previous requirement of coexistence for 1 year should not be accredited if they have descendants in common, in which case the accreditation of duly proven stable coexistence will suffice, without an established time.
Therefore, in response to what was previously stated regarding whether any family member of a community citizen can apply for the Community Family Card, the answer could be yes, but if the legally established requirements are met.
For more information contact us at asesores@troislaw.com
Irene Ruz