Spanish residence for the parent of an EU-citizen child in 2026

A third-country parent with an EU-citizen child is in the reverse of the usual position: the child does not depend on the parent’s status — the parent gets the right to live in Spain because the child is a Union citizen. On the face of the Spanish rules, a direct ascendant qualifies only as a dependant, and a small child can never make a parent dependent. That gap was closed by the EU Court of Justice, and Spain wrote the answer into its own instruction. Below: which status the parent receives in three different situations, what to file and what to expect.

Why “dependent relative” does not work here

The right of an EU citizen’s family to live in Spain is set out in RD 240/2007. Ascendants — parents, grandparents — appear there only as dependants: the EU citizen supports them and without that support they cannot cover their basic needs. The Ministry of Inclusion adds that this dependency must already exist in the country of origin (information sheet 62). For the parent of a three-year-old the condition is impossible by its nature.

The EU Court of Justice closed the gap, and the judgments are worth knowing by name — they are cited both in applications and in appeals:

• Chen (C-200/02) — a minor EU citizen may live in another Union country if they have health insurance and sufficient resources, and the parent who actually cares for them may reside with them. The resources need not belong to the child (judgment).
• Ruiz Zambrano (C-34/09) — a parent of a minor EU citizen cannot be refused residence and work where the refusal would force the child to leave Union territory (judgment).
• Chavez-Vilchez (C-133/15) — authorities must themselves examine who actually cares for the child and decide in the child’s best interests, not on a formal test (judgment).
• K.A. (C-82/16) — living together is not required, and the family tie alone is not enough: what counts is the child’s real dependence on the parent (judgment).

Spain turned this into instruction DGM 8/2020 from the Directorate-General for Migration, which openly called the earlier Spanish practice wrong and set out what to grant in each case (the instruction). It is still in force: the current information sheet on family arraigo cites it.

Child from another EU country: the family member card

This is the route under DGM 8/2020 and the Chen doctrine. The child’s status comes first, the parent’s second — the other order does not work.

1. The child registers as an EU citizen and receives the registration certificate with an NIE number. To stay longer than three months they need sufficient resources and health insurance covering all risks at the level of the Spanish health system (art. 7 RD 240/2007). What the document looks like is covered in our article on the NIE verde.
2. The parent files form EX-19 for the EU family member card, in person, at the immigration office or police station of the province where the family will live. The deadline is three months from entry; a receipt is issued on the spot and proves lawful stay until the card arrives.
3. The decision takes three months, the card runs for five years and allows employed and self-employed work anywhere in Spain (arts. 3 and 8 RD 240/2007).

The money for the child may be earned by the parent. DGM 8/2020 repeats the Court’s formula: no requirement whatsoever is placed on where the resources come from. The threshold is assessed case by case, benchmarked against the non-contributory benefit figure set each year by the budget law (sheet 62). Policy requirements are in our article on health insurance.

The fee: the sources disagree. Information sheet 62 of the Ministry of Inclusion names form 790, code 052, heading 5 and adds that the tariff equals what Spaniards pay for their identity card. The National Police page for the same procedure says form 790, code 012. Neither publishes a figure in euros. Before paying, check which code your office quotes: the discrepancy is live, and arguing at the counter leads nowhere.

No means or no insurance: family arraigo

DGM 8/2020 covers this case too: where the article 7 conditions are not met, the parent is granted residence on the ground of family arraigo. The new immigration regulation kept this ground for exactly this category — and, contrary to a widespread belief, left family arraigo only to parents of children holding another EU country’s passport: the parent of a Spanish child moved to a separate chapter (RD 1155/2024, arts. 125-127).

• Five years, not one: art. 125.2 singles family arraigo out from the general rule.
• No minimum period of stay in Spain — art. 126 expressly waives the usual two years.
• Form EX-10, filed through Mercurio or in person at the immigration office; the fee is form 790, code 052, heading 2.3.1 (information sheet 31).
• Three months to decide, and silence means refusal. The permit immediately allows employed and self-employed work with no regional or occupational limits (art. 131).
• A criminal record alone is not a ground for refusal — written into art. 130.2 of the regulation.

Once the parent starts working or acquires resources, they may switch to the EU family member card without waiting for the permit to expire: the instruction provides for exactly that. Other arraigo routes are covered in our article on arraigo residence permits, and the wider group in our article on residence on exceptional grounds.

Child is a Spanish citizen: a permit of its own

Since 20 May 2025 relatives of Spanish nationals have their own chapter (RD 1155/2024, arts. 93-99). A parent or guardian of a Spanish minor qualifies if they support the child and live with them, or are current with their parental obligations (art. 94.1.f). How this status differs from the EU family card is covered in our article on the EU family member card.

Refusal is possible on public policy, security or health grounds, but it must rest on the applicant’s personal conduct amounting to a “genuine, present and sufficiently serious threat” (art. 98). After approval there is one month to apply in person for the TIE card. If the child was born in Spain, our article on citizenship for a child born in Spain is also useful.

What the Supreme Court changed on 8 July 2026

The judgment of the Third Chamber on the challenge to the new regulation was published in the BOE on 22 September 2026 and is already reflected in the consolidated text (BOE-A-2026-19632). Three things relevant here were struck down:

• The requirement that the family tie be “constituted under Spanish law” (art. 94.1.f) is void. A foreign birth certificate is no longer a ground for refusal on that basis.
• The requirement that economic dependency arise in the country of origin (art. 196.b) is void in so far as it prevents proving dependency when the relative is already in Spain.
• Automatic refusal for a criminal record without individual assessment (arts. 97.4 and 98.1) is void in the cases covered by art. 20 of the Treaty on the Functioning of the EU — precisely the Zambrano situations.

The practical consequence: as of late September 2026 the ministry’s information sheets still carry the annulled wording. If a refusal relies on them, the appeal should point directly to the judgment and its date of publication in the BOE.

Moving: visas, entry and first steps

• The parent’s visa is free and fast-tracked. Where the nationality requires a visa, a family member of an EU citizen receives it free of charge and under an accelerated procedure when accompanying or joining the EU citizen (Directive 2004/38, art. 5.2; art. 4.2 RD 240/2007).
• A family member card issued by another EU country replaces the visa at the border — no separate document is needed.
• The order of steps. The child’s status first: the EU citizen registration certificate if the passport is from another Union country. Then the parent’s application, within three months of entry. Then municipal registration, school and healthcare.
• Foreign documents need an apostille and a sworn translation. Standard EU forms (S1, E109, E121 and the like) need neither translation nor legalisation.

How many such families are in Spain: on 31 December 2025 there were 523,821 valid EU and EFTA family member cards, about 13% of the 4,003,660 holders of a registration certificate. The new permit for relatives of Spanish nationals was granted to 42,792 people in its first seven months.

What the status gives you, and what comes next

• Work — employed and self-employed, with no separate permit, in all three routes.
• Permanent residence after five years. An EU citizen’s family member acquires the right of permanent residence after five years of lawful residence, and the means and insurance conditions fall away (art. 10 RD 240/2007); the card is issued for ten years. Holders of the Spanish-relative permit and of arraigo follow a different path, long-term residence under the general law. More in our article on permanent residence in Spain.
• Citizenship takes ten years, with no shortcut. Article 22 of the Civil Code gives two years to Latin Americans and Sephardim and one year to the spouse of a Spaniard and to those born in Spain, but there is no reduced period for the parent of a Spanish minor (Civil Code, art. 22). People often ask about it, expecting a relief that does not exist.

If you are refused

Silence means refusal in all three procedures: the general law grants positive silence only to renewals and long-term residence (LO 4/2000, first additional provision). Deadlines: one month for an appeal to the same authority and two months to go to the administrative court.

What helps on the substance: a refusal must be reasoned (art. 4.3 RD 240/2007), DGM 8/2020 requires reasoning “adequately and exhaustively”, Chavez-Vilchez obliges authorities to examine the actual care of the child themselves, and the Supreme Court judgment of 8 July 2026 removed automatic refusal for a criminal record. The terms used in refusals are explained in our glossary.

All residence routes are in our article on the Spanish residence permit, and moving the rest of the family in our article on family reunification.

Read next

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Frequently asked questions

Can a parent get residence because the child is an EU citizen?

Yes. On the face of the rules an ascendant must be dependent on the EU citizen, but under the Court of Justice’s case law a parent who actually cares for a minor Union citizen may live and work in Spain. Spain implemented this through instruction DGM 8/2020.

What changes if the child is a Spanish citizen?

It is a different procedure: the permit for relatives of Spanish nationals on form EX-24, free of charge, for five years, decided within two months. That chapter sets no income or insurance requirement.

What if there are no sufficient means or no insurance?

Apply for family arraigo on form EX-10. Under the new regulation it runs for five years, requires no minimum stay and allows work immediately. Once there is income, you can switch to the EU family member card.

Does the parent need a visa to enter?

If the nationality is visa-required, yes — but the family member visa is free and fast-tracked. A valid family member card issued by another EU country replaces the visa.

How long does a decision take?

EU family member card: three months. Family arraigo: three months. Relative of a Spanish national: two months. In all three, silence means refusal — there is no positive silence.

Can you work while the application is pending?

For the Spanish-relative permit filed from inside Spain, work is allowed from the moment the application is accepted. Under the EU regime the receipt proves lawful stay, and the right to work comes with the card.

Is Spanish citizenship faster if the child is Spanish?

No. The Civil Code provides no reduced period for the parent of a Spanish minor: the general rule is ten years of lawful residence. One year applies to the spouse of a Spaniard and to those born in Spain, two years to nationals of Latin America, Andorra, the Philippines, Equatorial Guinea and Portugal, and to Sephardim.

Sources

• RD 240/2007, arts. 2, 3, 4, 7, 8 and 10; RD 1155/2024, arts. 93-99, 125-127, 130-131; LO 4/2000; Civil Code, art. 22
• Supreme Court judgment of 08.07.2026, BOE-A-2026-19632; Instructions DGM 8/2020
• Information sheet 62: EU family member card; Sheet 18: relatives of Spanish nationals; Sheet 31: family arraigo
• Chen, C-200/02; Ruiz Zambrano, C-34/09; Chavez-Vilchez, C-133/15; K.A., C-82/16; Directive 2004/38/EC