When an employee relocates to Spain, one of the first practical questions is whether the family can move with them, or whether the main applicant has to obtain residence first.
There is no single answer. It depends on the type of residence the employee holds, the status of each family member and the chosen application route. In some cases the family has to go through the process in several stages. In others, the employee can move to Spain together with their loved ones straight away.
Let’s look at the options.
Family reunification under the general regime
If the employee obtains residence under the general immigration regime — for example, a standard residence permit with or without the right to work — family members usually go through the standard family reunification procedure.
It takes place in several stages.
First, the reunification application is filed in Spain. The family member being reunited does not need to be present at this stage.
Once the application has been reviewed and the Spanish immigration authorities have issued a favourable decision, the family member applies to the Spanish consulate in their country of residence or origin.
After approval, they are issued a D visa to enter Spain. Once they arrive, they complete the required formalities in the country, including fingerprinting and obtaining a residence card.
So under the general regime, the main applicant and their family do not always move at the same time.
What changes in employee relocation
Corporate relocation often relies on special immigration regimes, such as the Highly Qualified Professional residence or the Digital Nomad Visa (digital nomad residence).
Here there are considerably more options.
Under these procedures, the employee can include family members in the relocation process and move to Spain together with them, without waiting for the lengthy standard reunification procedure.
Depending on the specific basis, family members may include:
- a spouse or a registered or proven partner;
- children, including adult children, provided the requirements for dependence on the main applicant are met;
- the main applicant’s parents who are dependent on them;
- the spouse’s or partner’s parents, subject to the relevant conditions.
The move itself can be organised in different ways.
Scenario 1. The whole family moves at the same time
The employee arrives in Spain with their family, and the residence applications are then filed simultaneously.
This is one of the most convenient options, especially when the family does not want to be separated while the paperwork is processed.
However, whether a joint application is possible must be checked in advance, taking into account each family member’s immigration status and the basis for their legal stay in Spain.
Scenario 2. The family arrives together but applies later
The employee and their family can also arrive in Spain at the same time, with the family members’ applications filed after the main applicant has applied or obtained their documents.
There is an important condition here: at the time of filing, family members must be legally present in Spain.
That basis could be, for example, a valid Schengen visa or another lawful status allowing them to stay in the country.
This option therefore requires particularly careful timing.
Scenario 3. The employee moves first, then the family
Not every family finds it convenient to move at the same time.
Sometimes it is easier for the employee to arrive alone first: start work, sort out housing and paperwork, and only then organise the move of their spouse, children or parents.
In this case, the family members’ application is filed later, once the main applicant is already in Spain.
This scenario often works better for families with children, as it gives them time to prepare for the move and deal with day-to-day and organisational matters in advance.
Scenario 4. The family enters through the consulate
There is another option: the employee first moves to Spain alone, after which the procedure for the family members is started.
The documents are first submitted to the competent Spanish immigration authority. Once a favourable decision is issued, the family members apply to the Spanish consulate and obtain a D visa.
After entering Spain, they complete the required procedures, including fingerprinting and obtaining a residence card.
As a result, the family joins the employee once the consular stage is complete.
Which option should you choose?
There is no one-size-fits-all scenario.
When choosing a relocation route, it is important to consider not only the employee’s immigration basis but also the family’s composition, the nationality and current status of its members, any visas they hold, the timing of the move, the spouse’s work, the children’s schooling and the family’s financial situation.
Relocating a single professional and relocating a family with children are processes of very different complexity. In the second case, far more things need to be synchronised: from documents and filing deadlines to housing, school and the actual moving date.
That is why family relocation is best planned before the employee arrives in Spain, not after.
The key point: the family does not always have to wait
The common belief that an employee must first obtain residence on their own and only then bring their family is far from true for every immigration regime.
For relocation on special grounds, including the regimes for highly qualified professionals and digital nomads, the whole family’s move can be organised at the same time or in stages, depending on the specific situation.
Spanish immigration law provides for several scenarios, so the task of the employer and the relocation specialist is to choose in advance the one that allows the family to move with minimal delays and without any issues regarding the legality of their stay.
About Docsinside
Planning employee relocation or your company’s expansion to Spain?
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To learn more about our services or discuss your situation, write to us at b2b@docsinside.com.