Where clients get caught out
A contract of very few hours, a recent self-employed registration without real activity, or savings that do not cover the whole family are common reasons for requests or refusals.
The registration certificate
An EU citizen who lives in Spain for more than three months must register and obtain the registration certificate (the green certificate or card with their NIE). It is the starting point of the family member's application: without it, the EU family card cannot be granted.
The three situations of article 7
Royal Decree 240/2007 requires the EU citizen to be in one of these situations: working in Spain, employed or self-employed; having sufficient resources for themselves and their family, plus health insurance that covers all risks in Spain; or studying at a recognised centre with insurance and enough resources. A German or Dutch retiree in Mallorca, for example, usually qualifies through resources and insurance.
How it is proved in practice
For workers: the employment contract and recent registration with Social Security, or the self-employed registration with evidence of real activity. For resources: bank statements, pensions or regular income, with figures that cover the whole family. For insurance: a policy without gaps or co-payments that would leave risks uncovered, or the European form that gives access to public healthcare.
What if the EU citizen does not qualify?
Then the family member's application will be refused, however genuine the relationship. Sometimes the solution is to wait until the EU citizen starts working or proves resources, or to choose another route. If the European partner is in fact Spanish, see residence for family of Spanish citizens.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
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Frequently asked questions
Does the EU citizen need to work in Spain?
No. Working is one option; sufficient resources with full health insurance, or studies, also qualify.
What counts as sufficient resources?
Resources that avoid the family becoming a burden on social assistance, assessed according to the family's situation.
Is a European Health Insurance Card enough?
Not for residence: it covers temporary stays. You need private insurance or the form that gives access to public healthcare as a resident.