HEALTHPLAN MAGAZINE

The Spain Non-EU minor visa is for minors under 18 who want to live with their parents in Spain. The parents should be non-European Union citizens living legally in Spain for at least a year, with permission to stay another year. If a single parent wants to bring their spouse and children to Spain at the same time, they use the family reunification visa.

This visa lets foreign children join their parent(s) in Spain for the duration of their parent's residency. The requirements and benefits of the Non-EU minor and Spouse visas are quite similar.

Minors do not need to provide a criminal certificate because they are not legally responsible yet. This makes the application process easier for families wanting to reunite in Spain.

How Does the Spain Non-EU Minor Visa Process Work?

To bring your children to Spain, the first step is to seek approval from the UGE (Large Business Unit). Once you receive a positive response, your child can then apply for a visa to enter Spain. The minor needs to apply for a Non-EU Citizen minor Visa at the Consulate General of Spain in their home country.

After arriving in Spain, the minor can request their residence card to officially live as a family member of a foreigner with legal residency in Spain. If you, as a Non-EU citizen parent, hold a residency card under the Entrepreneurs Law, your children can also apply for a residency card to stay in Spain as dependents of a legal resident under the Entrepreneurs Law.

Minors travelling to Spain under the Non-EU minor visas have access to benefits, including compulsory education for children under 16 years of age. This entitles them to attend public primary and secondary schools in the country.

Eligibility Requirements: Who Qualifies?

To qualify for the Non-EU minor Visa, applicants must satisfy the following conditions:

• The Non-EU citizen residing in Spain must provide legal documentation proving their biological parentage of the dependent minor.
• The minor must be 18 years of age or younger.
• For adopted children, relevant adoption documents must be provided as evidence of the relationship with the minor.
• The minor must have legal dependence on the Non-EU citizen who is legally residing in Spain.
• The minor can also be a grandchild for whom a non-EU citizen Spanish resident serves as a legal guardian.
• The Non-EU citizen must hold legal custody of a grandchild or act as the primary caregiver for an adopted grandchild.
• The minor may also be the grandchild of a Non-EU citizen who has a disability preventing them from living independently.

Are there any restrictions with the Non-EU Minor Visa?

The Spain Non-EU minor Visa comes with certain restrictions, which include the following:

• The minor seeking reunification must be 18 years of age or younger.
• The Non-EU minor visa does not grant independent residency. Minors arriving in Spain under this visa are permitted to stay only for the duration of their parent's valid residency.

What Is the Cost of a Non-EU Minor Visa?

Each visa application involves the payment of a visa fee determined by the specific visa category you select. The fee for a Non-EU minor visa application is established by the Consulate General of Spain.

What Documents Are Required for a Non-EU Minor Visa Application?

The Non-EU citizen residing in Spain who wishes for their children (minors) to join them, must provide a valid residence permit allocated by the Delegación in Spain.

Within 2 months of the Non-EU minor visa application being granted, the minor must apply in person.

When applying at the Spanish embassy or consulate, you must submit the following papers:

• A valid passport or recognised travel document with a minimum validity of four months from the date of submission, acceptable in Spain.
• Original documents verifying family relationships, de facto unions, and, where applicable, demonstrating the minor's dependency on the Spanish resident they are joining.
• A medical certificate indicating the minor's health status and confirming they do not suffer from any conditions that could pose a significant risk to public health in accordance with International Health Regulations.
• An original copy of the Spanish residence card of the Non-EU citizen relative residing in Spain, legalised by a Notario Público in Spain.
• A clear colour copy of all pages of the Non-EU citizen relative's current and previous passports, legalised by a Notario Público in Spain.
• Proof of financial support, including certificates issued by money transfer services like Ria, Western Union, Small World, etc., provided by the relative in Spain.
• If the minor's parent in Spain is not legally married to the parent outside of Spain but is married to someone else (Spanish or another nationality), the partner or spouse of the parent residing in Spain must submit an "Acta de Manifestaciones." This document acknowledges the minor's residence in the matrimonial or family home and must be signed by a notary public.
• The partner or spouse of the parent residing in Spain should also provide a notarised copy of their Spanish residence permit or DNI (National Identity Document).

It is important to note that these document requirements apply to all Non-EU citizens seeking a visa. Additionally, as the visa processing progresses, the applicant (the minor) may be required to appear in person and, if necessary, attend an interview.

Additional Requirements for the Non-EU Minor Visa

When minors apply to join their Non-EU citizen parents in Spain or when Spanish residents seek a visa for their minor child, certain additional Spanish Visa Requirements must be included in the application. These supplementary documents should be added to the basic requirements:

• A government-issued birth certificate for the child (minor) travelling to Spain. In some countries, a sworn affidavit may be used if a birth certificate is unavailable.
• A Spain Visa application form signed by both parents.
• If only one parent has full custody of the minor travelling to Spain, a valid court order indicating this custody arrangement.
• If the minor is travelling alone with just one parent or with another individual, approval from the Guardianship Authority is necessary.

It is important to note that for a Non-EU minor visa application, the guardian or parent must accompany the minor when applying at the Spanish embassy or consulate.

What Is the Duration of the Non-EU Minor Visa?

The validity of the Non-EU minor visa aligns with the expiration date of the residence visa held by the person the minor is joining in Spain. Consequently, if the foreign resident applying for the Non-EU minor visa has a temporary residence permit, the visa for the minor remains valid until the same date.

For foreign residents with long-term residence permits or European Union long-term residence permits, the Non-EU minor visa expires simultaneously with the Foreigner's Identification Card (TIE).

Both the foreign resident and their child (the minor) have the option to apply together to renew the visa 60 days prior to its expiration. Furthermore, after legally residing in Spain for a minimum of 5 years, both the parent and the minor can seek permanent residency status in the country.

What Is the Processing Time for the Non-EU Minor Visa?

In most instances, you can expect to receive a decision on your application within 15 calendar days after submitting all the required documents. However, in certain situations, the decision may take longer, ranging from 45 to 60 calendar days (2 months).

The extended processing time is typically due to additional security and background checks, often related to citizenship. These checks can span from several weeks to several months, and unfortunately, there is currently no way to speed up this process.

When should you submit your visa application?

The timing primarily hinges on the Non-EU citizen residing in Spain and their intention to bring a minor to the country. Several crucial factors should guide your decision on when to apply. These factors include the validity of the Spanish resident's permit and the financial readiness of the inviting parents. As a practical guideline, it's essential to ensure that your Spanish residency provides adequate time for the minor's stay, and you should have sufficient financial resources or monthly income to support them.

It's worth noting that visa applications received at the Spain Visa Application Centre are typically forwarded to the Embassy of Spain or the Consulate General of Spain on the next working day. To allow for possible processing delays, it's crucial to submit your application at least 15 days before the planned travel date. This precaution ensures that your application remains on schedule and allows for any unexpected delays in the process.