Who This Concerns
This refers to family members of applicants who have obtained residence permits in Spain under Law 14/2013. This category includes, in particular, digital nomads, startup visa entrepreneurs, investors, and other applicants.
Their family members obtain a dependent residence permit directly tied to the status of the main applicant. Accordingly, when their residence permit changes, it becomes necessary to modify the residence permits of family members as well.
What Options Exist
In practice, there are two main pathways.
1. Individual Residence Permit Modification
If a spouse or adult child is already working in Spain, he or she can independently change their status to an independent one.
One possible option is obtaining a por cuenta propia residence permit or another type of authorization not linked to the main applicant.
2. Modification Through Family Reunification
This pathway involves a greater number of nuances. Formally, family reunification within Spanish territory is explicitly provided by law only for family members of students.
For family members of applicants under Law 14/2013, the standard procedure, from a formal standpoint, requires submitting documents through a Spanish consulate outside the country.
How Does This Work in Practice?
Despite formal restrictions, practice varies across different provinces in Spain.
If the main applicant applies for a por cuenta propia residence permit, their family can in many cases submit documents for reunification directly from Spain, simultaneously with the main applicant.
In many provinces, Extranjería accepts such applications. However, in a number of regions they refuse, citing the absence of direct regulation in the law.
What to Do in Case of Refusal?
In case of refusal, only the classic route remains—reunification through the consulate. This option has significant drawbacks:
The necessity of leaving Spain for a fairly long period.
Interruption of the residence period required to obtain permanent residence in Spain for family members.
To date, there is still insufficient practice to draw definitive conclusions. Nevertheless, from a logical standpoint, one can expect a more lenient approach from immigration authorities in the future. There are essentially no objective reasons for refusing applications for reunification from Spanish territory—only formal restrictions exist related to the absence of a clearly defined procedure in the law.
