Published: July 16, 2026
The international mobility of workers does not only affect the worker who relocates, but also directly influences the immigration status of their family. When a foreign worker moves to Spain, their family members—such as a spouse or domestic partner, minor or dependent adult children, and, where applicable, dependent ascendants, do not obtain residency through a single, uniform process; rather, their status is determined by the type of authorization held by the primary worker.
There is no single procedure that applies to all cases. Spanish law provides for two distinct systems:
- The general family reunification program.
- Special schemes linked to certain work permits.
Each has its own regulations, deadlines, and documentation requirements. Choosing the wrong system is not merely a procedural error; it can lead to significant delays in processing times and changes in requirements that do not apply to the case, among other issues. Therefore, it is essential to correctly identify, from the outset, which of the two options applies to the worker’s specific situation before initiating any procedures on behalf of their family.
1. Special Programs. Family members of workers covered by Law 14/2013: ICT and PAC
When the primary worker holds an ICT (intra-company transfer) or PAC (highly qualified professional) authorization, their family reunification is not processed under the general system, but rather through the Unit for Large Companies and Strategic Groups (UGE-CE), since this is the body responsible for deciding on the holder’s authorization. Both categories follow an identical system regarding family members, as they are based on the same legal provision.
1.1 Family Members Eligible for Family Reunification (Art. 62.4 of Law 14/2013)
The law recognizes the following as family members eligible for family reunification:
- The spouse or the person with whom the account holder has a similarly close relationship.
- Minor children, as well as adult children who are financially dependent on the account holder and have not established their own household.
- The cardholder’s dependent parents.
1.2 Application to the UGE-CE (Art. 76 of Law 14/2013)
Family members may apply for their authorization at the same time as the account holder, combining both applications from the outset, or subsequently, once the account holder’s authorization has been granted, without having to wait for its renewal.
To file the application, the family member may be located either inside or outside Spain. However, processing the application in either case may involve additional steps:
- If the family member is in Spain: they can apply directly to the UGE-CE without leaving the country. This is one of the main differences from the general system, under which the family member must always be outside the country.
- If the family member is outside Spain: the application is still filed with the UGE-CE, but once a favorable decision has been issued by the UGE-CE, the applicant must go to the appropriate consular office in their country of legal residence to obtain the necessary visa before entering Spain.
With regard to financial resources, Article 62.2.f of Law 14/2013 requires the applicant to demonstrate sufficient resources to support their household. The minimum amount that must be demonstrated is 150% of the IPREM (€12,600 per year) when the family unit consists of the applicant and one family member, plus 50% of the IPREM (€4,200 per year) for each additional member beyond those two people.
In both cases, the family member’s application is submitted to the UGE-CE itself using the corresponding official form (MI-F, International Mobility—Family).
Like the authorization request from the account holder, the request from a family member is decided within 20 business days of its electronic submission. If no explicit decision is made by the end of that period, a presumption of approval applies, and the request is deemed to have been granted.
Upon issuance of the authorization, the family member who has been granted family reunification is automatically authorized to work as an employee or be self-employed anywhere in the country, without having to complete any prior administrative procedures.
As for its duration, the family member’s authorization is tied to that of the principal applicant: it is granted for the same period as the principal authorization and is renewed in coordination with it, provided that the conditions continue to be met.
The expiration or non-renewal of the principal applicant’s authorization results in the expiration of the family member’s authorization, unless the family member obtains a residence permit of their own.
2. Family Members of Workers Under the General Regime: Family Reunification
When the applicant resides in Spain with a standard residence and work permit—whether as an employee or a self-employed individual—the process is handled through family reunification. This process is governed by Articles 16 through 19 of Organic Law 4/2000 and further detailed in Articles 65 through 71 of Royal Decree 1155/2024, which replaced the previous Immigration Regulations.
2.1 Family members eligible for family reunification (Art. 17 of Organic Law 4/2000 and Art. 66 of Royal Decree 1155/2024)
According to the law, the following are eligible for family reunification:
- A spouse or a person, 18 years of age or older, with whom the sponsor maintains a relationship of affection analogous to that of a marriage.
- The children of the resident and the spouse, provided they are under eighteen years of age or are adult dependents in the cases provided for by law. Children of legal age who will serve as caregivers for the sponsor will also be recognized as eligible for family reunification.
- Ascendants, although in this case the requirements are considerably more restrictive, typically requiring actual financial dependence and circumstances that justify the need for family reunification. Specifically, they must be over 65 years of age and may only be reunited when the sponsor holds a long-term residence permit; a simple routine renewal is not sufficient (Art. 17.1 LOEX and Art. 66.1.c RD 1155/2024).
2.2 Processing (Art. 68 of Royal Decree 1155/2024)
Unlike under Law 14/2013, a worker cannot bring family members to join him or her while the initial authorization is still valid. This means that, as a general rule, the worker may only begin the process once he or she has obtained a renewal of his or her residence and work authorization.
Another distinguishing feature is the competent authority to which the application is submitted, which in this case is the Immigration Office in the province where the sponsor resides. The government has a maximum of 2 months to decide on the application, but in practice, the process usually takes between 4 and 5 months to be resolved. If this period elapses without an explicit decision, the lack of a response may be considered an implied denial. However, this does not constitute an actual automatic denial, as the government remains obligated to issue an explicit decision.
The family member’s situation during the proceedings is also relevant, since the family member must be outside Spain in order to apply for the corresponding family reunification visa at the appropriate Spanish consular office, once authorization has been granted by the Immigration Office.
Once notified of the approval, the family member has two months to apply for a family reunification visa at the Spanish consular office in their country of residence. Once the visa is obtained, they must enter Spain within one month at the latest. After entering the country, they must personally apply for the Foreigner’s Identity Card (TIE) at the appropriate police station. Failure to meet any of these deadlines will result in the authorization becoming invalid.
The main change introduced by Royal Decree 1155/2024 is that it automatically grants the family member being reunited the right to work, whether as an employee or as a self-employed individual, placing them on the same footing as the special regime under Law 14/2013 mentioned above. Therefore, no prior administrative procedures are required for the family member to engage in employment.
The validity of the family member’s authorization will extend until the same date as the authorization held by the sponsor at the time the family member enters Spain, with a minimum validity of one year.
2.3 Differences Within the General System: Employment vs. Self-Employment
The main difference between the two options lies in the types of documents required and the level of detail needed to prove the stability of family income.
Article 67 of Royal Decree 1155/2024 establishes, as a general rule, that the minimum amount that must be demonstrated must be equal to 150% of the IPREM for families of two people (that is, the applicant and one family member who has been granted family reunification) and an additional 50% of the IPREM for each additional member of the household.
In the case of employment, economic viability is based on an employment relationship. The submission of an employment contract and the corresponding pay stubs serves as sufficient justification for the government to presume that the income is regular and stable.
For self-employed individuals, the administrative review standards are substantially more rigorous. Without the backing of an employer, the individual must provide proof of the work they perform. The government scrutinizes applications with particular rigor to ensure that projected income is not merely speculative or unstable, making this route much more demanding in terms of providing evidence than salaried employment.
2.4 Residence Authorization Independent of That of Family Members Who Have Been Reunited
Once family reunification has been finalized, the legal system provides mechanisms for reunited family members to obtain their own legal independence. Article 69 of Royal Decree 1155/2024 establishes the legal framework for obtaining an independent residence permit.
To obtain it, you will need:
- The applicant must have held a residence permit for family reunification in Spain for at least one year.
- Must meet one of the following requirements:
- Have sufficient financial resources of one’s own.
- Meet the requirements for obtaining a temporary residence and self-employment permit.
- Meet the required employment criteria for the granting of a temporary residence permit and employment as a salaried worker, with the exception of the national employment situation.
3. Conclusion
A comparative analysis of the two systems shows that choosing a residency status is not merely an administrative formality, but a strategic decision with a decisive impact on the stability and timing of family life. The main practical differences are summarized in the following table:
| Law 14/2013 (ICT / PAC) | General Provisions | |
| Competent authority | UGE-CE | Provincial Immigration Office |
| Decision Deadline | 20 business days | 2 months as a general rule, and 4–5 months in practice |
| Administrative silence | Positive | Negative |
| Family Member’s Application | Simultaneous or sequential from the start | Only after the permit holder has renewed their permit or obtained long-term residency, depending on the family member. |
| Family Member’s Status | He may be in Spain | You must be outside of Spain |
| Deadlines Following Approval | — | 2 months for a visa → 1 month to enter the country → 1 month for a TIE |
| Work Permit | Automatic | Automatic |
If you need help or advice on obtaining residence permits for family members of workers who have been transferred to Spain, at Gentile Law we have a team of experts in this field ready to assist you.
This publication is for informational purposes only and should not be construed as legal advice.
Contact us:
Lais Verissimo Galvan
Global Mobility Paralegal at Gentile Law
laisverissimo@gentile.law
+34 684 463 736
Tania Gonzalez
Global Mobility Paralegal at Gentile Law
paralegal1@gentile.law
+34 684 463 736
Santiago Randazzo Clavijo
Global Mobility Legal Advisor at Gentile Law
santiagorandazzo@gentile.law
+34 684 463 082