Can Non-EU parents of EU citizens who are minors get family residence card?
Our family would like to move to Spain but keep getting conflicting information about the paperwork we need to aplply for. My children are under 18 and have EU citizenship with valid EU passports. We the parents are American citizens. None of us have ever lived in Europe. The consulate in Los Angeles is saying that my husband and I need to apply for a family residence card when we get to Spain but the police in Madrid is saying that we need a residence visa prior to arriving in Spain because we, the parents, are not dependent on the EU citizen. I have seen several cases, such as Zambrano and Chen, that deal with similar issues and the UK/Ireland have already ammended their family member residence card requirements to include derivative right of residence. My husband and I both work remotely and can prove we can support our family, but we need the ability to work for these American-based companies while in Spain (neither has a presence in the EU). Can you please inform me as to which we need to apply for and, if a visa, which one would allow us to work remotely? Thanks!
As you mention that your children are EU citizens, they can apply for a residence registration certificate in Spain, providing with your financial documentation as their support.
Once they are residents, you can apply for a family settlement permit, that is the Arraigo Familiar ( Family Settlement ). The Law establishes this option is available for those parents of Spanish children, but in accordance with recent case Law, this possibility is mow also available for those parents of children holding an EU nationality that have registered as residents in Spain.
This type of residence permit does not require proving financial situation and it allows to work and live in Spain. Main requirements are:
- Documents proving the Family Relationship
- Documents proving the childrenīs nationality
- Your birth certificates
- Criminal Records certificate from your country
The procedure can take between 3 and 6 months and the application must be filed by the applicants in person at the corresponding Immigration Office. Before your application is filed, you need to arrange the residence certificates of your children here in Spain.
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