Family Reunification (International Protection)

Individuals who have been forced to flee their country sometimes remain separated from their relatives for an extended period of time. Maintaining family unity is a fundamental right, and family reunification involves bringing together relatives who are in a different country. This right is regulated by international and national regulations.

You will need to apply for family reunification with the Spanish Office of Asylum (“OAR”), which is the competent authority for family reunification, as regulated in Articles 39-41 of the Spanish Asylum Law.

The type of protection you have been granted and your family relationship with the person you wish to reunite with in Spain will be taken into account.

Please be aware that the family reunification process is complex and can be delayed in time, as difficulties may arise during the procedure.

We recommend that you seek trustful information, follow your lawyer’s and the competent authorities’ instructions carefully and stay in contact with both to follow up on the progress of your application.

In Spain, there are two different procedures for family reunification:

• The first, called “extensión familiar”, is the most common option used by individuals with international protection to restore the family unity of a person with refugee status or subsidiary protection in favor of relatives of the same nationality.
• the second, named “reagrupación familiar”, is an alternative option for cases in which family members have different nationalities.

Once your asylum application has been resolved, and you have been recognized as a refugee or beneficiary of subsidiary protection, you can request family extension for the following individuals:

• Children under 18 years of age. (First-degree descendants who are underage).
• Spouse, partner, or similar relationship, except in the following cases:
  • If you are separated or divorced.
  • If you have been recognized as a refugee on gender-based grounds, for example, for having experienced gender-based violence from your partner or ex-partner.

• Parents (first-degree ascendants) as long as you can prove they are dependent on you (dependence can be economic or for medical, emotional, or other reasons).
• Adult children and other relatives, as long as you can prove that they are dependent on you (economically or for medical, emotional, or other reasons) and that you lived together in your country of origin before your departure.

If you have applied for asylum in Spain as a minor, you have the right to ask for family reunification of your parents and younger dependent siblings.

In any case, it is necessary to prove the family relationship. If it is not possible to prove the relationship between ascendants and descendants, exceptionally, DNA tests may be carried out, in which case the authorities will give you the necessary instructions.

Remember that to apply for family reunification you must be recognized refugee or beneficiary of subsidiary protection.

The application is submitted using this official form, specifically indicated for this purpose, and will be submitted by what is called “registro oficial” (official registration) through the corresponding Administrative Registry Offices or Post Offices, addressed to the Subdirectorate General for International Protection, Directorate General for Domestic Policy, Ministry of interior. In order for your application to be studied by the Asylum Office in Spain as soon as possible, it is important that you mention in the subject of your application that it is a family reunification request for “extensión familiar” or “reunificación familiar”. You can ask at the post office how to submit this request.

In any case, we recommend you to ask for the support of a specialized lawyer who will be able to advise you and help you with the administrative procedures. In the following link you can find NGOs and Bar Associations with free legal advice services: Legal Assistance – UNHCR Spain

You must attach to your application any documents that prove your identity, the family relationship and dependency, as well as having lived together previously, if applicable, regarding the family members you wish to reunite with through, for example:

• Passport copies
• Marriage certificates
• Birth certificates
• Proof of economic dependency, such as bank transfers or others
• Proof of previous cohabitation (living together) in the country of origin, in the case of siblings or other family members (photographs, census records or declarations from you and the family members themselves, bills in their name showing the same address, etc.)
• Medical documentation if one of your family members has a serious illness or disability report

The Asylum Office in Spain (“OAR”) will study the application during the family reunification process and will check that all the legal requirements are met in order for it to be granted.

In case the Asylum Office in Spain (“OAR”) considers that more information needs to be gathered to confirm the link with your relatives, they will call them for a brief interview at the Spanish Embassy of reference that you indicated in the application. Therefore, if your family members are forced to change their residence during the process, it is very important that you inform the Asylum Office in Spain (OAR), so that the information can be updated, and they can be contacted from the nearest embassy.

Once family reunification has been granted, your family members will be contacted by the same Embassy to start the visa procedures so that they can travel to Spain. It is important, therefore, that the contact details of your family members throughout the process are correct and updated, if necessary.

When family reunification is granted, your family members will have the same rights that you have as a refugee or beneficiary of subsidiary protection in Spain.

If your application is rejected, you can appeal the decision and we recommend that you consult with a specialized lawyer who can help you with the process. You can find free legal advice in this link: Legal Assistance – UNHCR Spain.

• Related information: Information note on family reunification applications and the application form.
• More information on the reunification process for family members separated by the war in Ukraine at the following link: Family Reunification – UNHCR Spain
• For more information, visit this page of the Ministry of Interior on the family unity of beneficiaries of international protection.