Residence visa for family reunification under the European Community regime

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1 Residence visa for family reunification under the European Community regime INTRODUCTION A European Community Family Reunification visa may be issued to anyone falling under EU law, provided they enter to join and live with EU, EEA or Swiss nationals. Relatives of citizens of the European Union, Iceland, Liechtenstein, Norway and Switzerland provided they either travel with them or enter to join them, may request a family reunification visa under the European Community regime. Relatives of citizens of the European Union, Iceland, Liechtenstein, Norway and Switzerland include: Spouse Partner with whom the resident has a relationship equivalent to that of a spouse, registered on a public register for this purpose in a European Union Member State, Iceland, Liechtenstein, Norway or Switzerland. Direct descendents and those of his or her spouse or civil partner under 21 years of age, or older dependent or disabled children. Direct dependent ascendants and those of his or her spouse or civil partner. 1 SUBMITTING THE VISA APPLICATION The areas covered by this Consular Section of the Spanish Embassy in El Cairo includes the provinces of Red Sea, Fayum, Ismailia, Giza, Minya, El Cairo, New Valley, Suez, Aswan, Asyut, Beni Suef, Port Saïd, South Sinai, Qina, North Sinai, Sohag and Kalyubeya. Applicants residing in any of the above mentioned provinces must request an appointment at the VFS Global Visa Centre through its website by feedback.eseg@vfshelpline.com, or through the switchboard telephone number: or by Fax: The visa application must be presented in person by the interested party, at the Consular Section of the Spanish Embassy in El Cairo. Any applicants resident in provinces not listed above should contact the Spanish Consulate General in Alexandria: cog.alejandria@maec.es, Tel: , Fax: REQUIREMENTS The application must be made by filling out and submitting an official application form (original and copy), which must be accompanied by the following documents: 1

2 A recent passport size colour photograph (last 6 months) with the subject facing the camera, on a white background, which must be attached to the application form Standard Passport or a valid travel document recognised in Spain, with a minimum validity period of 4 months. It should be accompanied by a photocopy of all the pages which are NOT blank. o The passport or travel document must have been issued within the last 10 years on the date of submitting the application. o The passport or travel document must have at least two blank pages. Authenticated photocopy of the DNI (National Identification Document) (Spanish Nationals) or passport (Spanish or EU Nationals) of the individual requesting reunification. The original DNI or passport may be presented, together with the photocopy, for inspection when submitting the visa application, Current certificate of registration on the municipal register of the sponsor s place of residence in Spain issued by the Town Hall of his/her place of residence (original and one photocopy). Authenticated photocopy of the individual s residence card or equivalent proving residency in Spain in the case of European Union Member State, Icelandic, Liechtenstein or Swiss citizens, Letter from the Spanish or EU citizen clearly indicating their full name and surname, their passport or DNI number and their request for a visa to be issued for their foreign family member on the grounds that this family member is to join them in Spain. The letter must be dated and signed (original and one photocopy). If the individual requesting reunification resides in Egypt and is travelling to live in Spain a Cancellation certificate issued by the Spanish Embassy in El Cairo together with the passport and photocopy if the individual does not have a Spanish Identification Document. In addition, depending on the person who is to be reunited, the following documents must be provided: EU SPONSOR 1. Spouse In order to benefit from EU policy, documentary evidence of the family relationship must be provided through registration on the Civil Registry of a Member State or certificate from the Member State s authorities clearly indicating that the marriage is deemed valid under its legislation. If this document is not provided the family relationship will be deemed not to have been established, thus providing sufficient grounds for refusing a visa. Full marriage certificate issued by the Civil or Consulate Registry of the country of origin of the European sponsor, with a Spanish translation, and duly authenticated (original and photocopy). 2

3 Sponsors who are citizens of Germany, Belgium, Lithuania and Switzerland may submit a multilingual certificate (issued by the Civil or Consular Registry of their country of origin under Convention number 16 of the CIEC agreement) exempting them from providing a translation. Sponsors who are citizens of Austria, France, Italy, Luxembourg, Netherlands, Poland, and Portugal may opt to either present a multilingual certificate of a certificate issued by the Civil or Consular Registry of their country of origin, duly translated, without the need for authentication (original and photocopy). If it is not possible to register the marriage on the Civil or Consular Register of the EU sponsor s country of origin, a full marriage certificate issued by the Civil Registry of the country of origin of the person to be reunited must be presented, duly authenticated and certified by the authorities of the EU citizen, clearly stating that the marriage is acknowledged as valid under the domestic legislation (of the European Union Member State, Iceland, Liechtenstein, Norway or Switzerland) (originals and photocopy). 2. Civil Partner Certificate of civil partnership registered on a public register for this purpose in a European Union Member State, Iceland, Liechtenstein, Norway or Switzerland (original and photocopy) without the possibility of two simultaneous registers existing at the same time in the same State. In the case of Spain, registration on any of the numerous Civil Partnership Registers existing in several Autonomous Regions or Town Halls will not be admitted. EU policy 3. Descendents Full birth certificate, duly authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy) Power of attorney if the visa application is made by anyone other than the child s parents, together with the Identification Document of the representative and of the minor or disabled person (originals and photocopies). With regard to the reunification of minors under 18 years of age permission to travel from the parents must be provided, granted before a notary or the relevant Spanish Consulate stating that the minor has permission to travel and reside in Spain (original and photocopy). Should the travel permission be granted before an Egyptian authority, this must be authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy). When reuniting a spouse s or civil partner s descendents, the following documents must be provided: - Documents demonstrating the family relationship between the sponsor requesting reunification and the parent of the child requesting the visa 3

4 (original and one photocopy). - Documents demonstrating that the EU sponsor s spouse or civil partner has sole legal guardianship over or custody of the minor, and if this is not the case, permission to travel from the other parent granted before a notary or a Juvenile Court Judge, stating that the minor has permission to travel and reside in Spain (original and photocopy). If these documents have been issued by Egyptian authorities they must be duly authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy) - With regard to the reunification of descendents over 21 years of age, documents attesting to their financial dependency on the person requesting the reunification or their legal incapacity (original and photocopy). *Underage or disabled children when the EU citizen is their legal guardian European Union citizens may reunite children under 18 years of age and older children who are objectively unable to provide for themselves on account of their health, provided that the EU citizen is their legal guardian and the legal document granting these representative powers is not in conflict with Spanish law. In such a case, family reunification shall be processed under the general immigration policy. 4. Ascendants When reuniting ascendants of an EU citizen, the full birth certificate of the EU sponsor issued by the Civil or Consular registry of the country of origin must be presented. If this is not Spain, it must be translated into Spanish and authenticated by the Diplomatic Mission in El Cairo. Sponsors who are citizens of Germany, Belgium, Lithuania and Switzerland may submit a multilingual certificate (issued by the Civil or Consular Register of their country of origin under the Convention number 16 of the CIEC agreement) exempting them from providing a translation. Sponsors who are citizens of Austria, France, Italy, Luxembourg, Netherlands, Poland, and Portugal may opt to either present a multilingual certificate or a certificate issued by the Civil or Consular Registry of their country of origin, duly translated, without the need for authentication (original and photocopy). When the ascendants of the spouse or civil partner are to be reunited, proof of their relationship with the resident person requesting the reunification and their spouse or partner must be provided (original and photocopy), together with the full birth certificate of the spouse or partner, duly authenticated by the Egyptian Foreign Office (original and photocopy). In all cases, documentary evidence proving that the individual requesting the reunification has transferred funds or financed the living expenses of their family, demonstrating their actual financial dependence: certificate issued by the Spanish firm or institution that 4

5 made the money transfers over a minimum period of 12 months previous to applying for the visa, stating; a) transferor; b) transferee; c) transfer dates; d) amounts transferred (original and photocopy). SPANISH SPONSOR 1. Spouse In order to benefit from EU policy, documentary evidence of the family relationship must be provided through relevant record on the Spanish Civil Register If the marriage was recorded on the Consular Civil Register less than nine months previously, the Spanish Family Record Book (Libro de Familia) is to be provided (original and photocopy). If the marriage was recorded on the Consular Civil Register more than nine months earlier, the full marriage certificate issued by the Spanish Central Civil Registry, issued less than three months previously, must be provided (original and photocopy). 2. Civil Partner Certificate of civil partnership registered on a public register for this purpose in a European Union Member State, Iceland, Liechtenstein, Norway or Switzerland (original and photocopy). Descendents Full birth certificate, duly authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy). Power of attorney if the visa application is made by anyone other than the child s parents, together with the Identification Document of the representative and of the minor or disabled person (originals and photocopies). When reuniting minors under 18 years of age: - Permission to travel from the parents must be provided, granted before a notary or the relevant Spanish Consulate stating that the minor has permission to travel and reside in Spain (original and photocopy). Should the travel permission be granted before an Egyptian authority, this must be authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy). When reuniting a spouse s or civil partner s descendents, the following documents must be provided: - Documents demonstrating the relationship between the Spanish citizen and their spouse or civil partner: If the marriage was recorded on the Consular Civil Register less than nine months previously, the Spanish Family Record Book (Libro de Familia) is to be provided (original and photocopy). If the marriage was recorded on the Consular Civil Register 5

6 more than nine months earlier, the full marriage certificate issued by the Spanish Central Civil Registry, issued less than three months previously, must be provided (original and photocopy). - Documents demonstrating that the EU sponsor s spouse or civil partner has sole legal guardianship over or custody of the minor, and if this is not the case, permission to travel from the other parent, granted before a notary or a Juvenile Court Judge stating that the minor has permission to travel and reside in Spain (original and photocopy). If these documents have been issued by Egyptian authorities they must be duly authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy) - Travel permit for the resident parent in Spain with whom the minor is to travel, granted before a notary or the relevant Consulate office (original and photocopy). Should the travel permit be granted before an Egyptian authority, this must be authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy). - With regard to the reunification of descendents over 21 years of age, documents attesting to their financial dependency on the person requesting the reunification or their legal incapacity (original and photocopy). *Underage or disabled children when the EU citizen is their legal guardian European Union citizens may reunite children under 18 years of age and older children who are objectively unable to provide for themselves on account of their health, when the EU citizen is their legal guardian and the legal document granting these representative powers is not in conflict with Spanish law. In such a case, family reunification shall be processed under the general immigration policy. 4. Ascendants When the ascendants of the Spanish citizen are to be reunited, the full birth certificate of the person requesting the reunification, (original and photocopy) must be presented. When the ascendants of the spouse or civil partner are to be reunited, proof of the relationship between the person requesting reunification and their spouse or partner must be provided (original and photocopy), together with the full birth certificate of the spouse or partner, duly authenticated by the Egyptian Foreign Office and by the Spanish Embassy (original and photocopy). In all cases, documentary evidence proving that the individual requesting the reunification has transferred funds or supported the living expenses of their family, demonstrating their actual financial dependence: certificate issued by the Spanish firm or institution that made the money transfers over a minimum of the 12 months previous to applying for the visa, stating; a) transferor; b) transferee; c) transfer dates; d) amounts transferred (original and photocopy). 6

7 If, after having submitted the visa application, the interested party receives a request for clarification or the rectification of any document or the provision of additional documents deemed necessary these must be presented at the Consular Section of the Spanish Embassy in El Cairo. The applicant may also be required to visit the Consular Section for interview. Anyone requesting a residence visa on the grounds of family reunification under the EU regime shall be exempt from payment of the visa processing fees. 3 - DECISION ON ISSUING THE VISA AND RETURN OF PASSPORT. Processing of visas for relatives of citizens of the European Union, Iceland, Liechtenstein, Norway and Switzerland is given priority. There are specific rules governing visa processing for nationals of some countries with whom the European Union has agreements to speed up short stay visas. If the visa has been granted. When collecting their passport with the visa, applicants must check before leaving the Consular Section that there are no errors in the visa details and that the visa has been stamped. If the visa is refused. If the visa has been refused, the interested party shall be notified on an official form indicating the reasons for the refusal. In such a case, the applicant may lodge a contentious-administrative appeal before the Superior Court of Justice of Madrid within two months following the date of notification. It is also possible to submit a request for reconsideration at the same Consular Office within one month following the date of receiving notification of the visa refusal. Please bear in mind, that under current Spanish law, a request for reconsideration made at the Spanish Embassy in El Cairo must carry the original signature of the person who was denied the visa, or the signature of his/her legal representative. For this reason, any request sent by fax or will not be admitted. The applicant shall be notified of the acceptance or refusal of the appeal one 7

8 month following the receipt of the request, provided it was submitted correctly and on time at the Consular Section. * * * 8