General information
Family members of citizens of the European Union or of the States of the European Economic Area (EEA) and Switzerland are entitled to a preferential free-of-charge visa, provided that they are travelling with the citizen of the European Union, the EEA or Switzerland or are on the way to joining them.
Nationals of third countries listed in Annex I of Regulation (EU) 2018/1806
require a Schengen visa for stays of up to 90 days (in any 180-day period).
The following can obtain a visa for family members of a citizen of the European Union, the EEA and Switzerland:
The spouse, provided that there has been no annulment or divorce.
- The partner registered in a Member State of the European Union or EEA or Switzerland, provided that such registered partnership has not been legally terminated.
Direct descendants of the Union citizen or of their spouse or registered partner (provided that there has been no annulment or divorce or legal termination of the registration) who are under the age of 21 and above that age if they are dependent or disabled.
Direct relatives in the ascending line of the Union citizen or of their spouse or registered partner (provided that there has been no annulment or divorce or legal termination of their registration) that are their dependants.
Family members other than the above who, in their country of origin, live with the citizen of the Union or are their dependants.
Exceptionally, other family members when serious health grounds or disability strictly require their personal care by the Union citizen.
- The unregistered partner, provided that stable cohabitation for a minimum period of one year can be duly attested. When there are children in common, it will be sufficient to ascertain stable cohabitation.
The visa for family members of a Union citizen entitles the holder to stay in the Schengen area for up to 90 days in any 180-day period. It also allows transit through the territory and airports.
Family members of Union citizens who wish to remain in Spain beyond 90 days must, once in Spain, submit an application with the competent authorities for a residence card as Union citizen family member.
The Schengen area encompasses 29 European countries without border controls between them: Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.
Required documents
1. Application form. Each applicant must complete and sign an official application form, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.
2. Photograph: A recent, passport-size, colour photograph, taken against a white background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face. Photographs of minors must not show any part of the adult holding them.
3. Valid, unexpired passport. The passport must be valid for at least 6 months beyond the planned departure date from the Schengen territory. It must also contain at least two blank pages. Passports issued more than 10 years ago will not be accepted.
4. Photocopy of the page or pages of the passport that contain biometric data.
5. Documents proving family relationship with a citizen of the Union or a State of the European Economic Area or Switzerland: Civil registry certificates (birth or marriage, accordingly), certificate of registration as an unmarried couple or any other document proving that the partnership is analogous to a marital relationship. The document is valid for a period of 3 months. Foreign documents must be, where applicable legalized or apostilled. Click here for more information about the legalization process.
6. In the case of descendants over 21, ascendant relatives or other relatives, documents proving they are in the care of a citizen of the Union or a State of the EEA or Switzerland or, if applicable, their state of health.
7. Documents proving that the applicant is travelling with a citizen of the Union or a State of the European Economic Area or Switzerland or is on the way to joining them.
- In case the regrouping person (Spanish citizen) is in Spain, the visa applicant must submit an "Acta de Manifestaciones" along with a notarised copy of the Spanish citizen’s DNI/Spanish passport mandatorily on the date of his/her visa appointment. These documents must be notarised by a Spanish Notary Public.
- Alternately, in case the regrouping person is in India, instead of submitting the Acta de Manifestaciones & notarised copy of DNI/Spanish passport, s/he must accompany the visa applicant to the Consular Section physically along with their original DNI/Spanish passport and a photocopy of the same. The Spanish citizen must write a letter in Spanish directed to the Consul expressing the desire for family regrouping, purpose/motive of the same and other such relevant details.
8. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.
Only those applications meeting all the requirements will be accepted.
This kind of visa is free of charge, but if it is voluntarily applied for at a BLS Visa Application Centre, a charge shall apply for services rendered.
Procedure
This Consular Office is competent to accept visa applications from third-country nationals residing in the consular district who are travelling to Spain as their main destination.
- Who can apply for a visa: Applications must be submitted in person. If the applicant is a minor, the application must be submitted by their legal representatives.
- Applicants can submit their visa application directly at the Consular Section in New Delhi with prior appointment through emb.nuevadelhi.vis@maec.es.
- Applicants can also submit their visa application at any BLS VAC with prior appoinment through the following link. However, please make a note that BLS service charge will be applicable. Click here for more information.
- Biometric data capturing: The applicant's facial image and fingerprints will be captured during the visa application procedure. Applicants under 12 and applicants whose fingerprints have been taken in the last 59 months are exempt from fingerprint taking. However, in the latter case, if the applicant's prints are of poor quality, the Consular Office will request that they come back in to have their fingerprints retaken.
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision to be reached regarding the application. The applicant may also be called in for a personal interview.
Decision period: The legal period for reaching a decision is of 15 calendar days as of the day after the application submission date, but this period may be extended to 45 calendar days if an interview or additional documents are requested. The Consular Office shall process the application on a preferential basis.
Visa applications submitted by nationals of certain States require consultation with the central authorities that could affect the duration of the visa procedure.
- Return of passport and other documentation: The Consular Office or Visa Application Centre will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
- Appeals
- In case of refusal of a visa, the applicant can request reconsideration of decision by submitting in person an appeal letter at the Consular Section, as per the following instructions:
- Appeal can be presented within one month from the date of notification of the rejection.
- Appeal letter must be written in Spanish or in Spanish and English and must be duly signed by the applicant. In case of minors, appeal must be signed by the parents/legal guardians.
- Appeal letter must mention a telephone contact and an email address.
- In case of multiple applications, each applicant must present an individual appeal letter.
- Original and one photocopy of the appeal letter must be presented in person in order to be properly registered.
- Appeal letter can be presented on any day, except declared holidays, from Monday-Friday, between 9.00-13:00 hours, without any prior appointment.
- Appeal letter cannot be sent by email or by post.
- Maximum processing period of an appeal is one month. During the processing period, no status queries or requests for expediting the procedures will be entertained.
- Once the appeal has been processed, the applicant will be contacted by email directly by the Consular office.
- An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
Complaints or suggestions about the service received or about the visa application procedure can be submitted online through this website. They may also be submitted in writing at this Consular Office.
Data protection
The processing of personal data of visa applicants is done in accordance with the General Data Protection Regulation.
Persons wishing to exercise their rights of access, rectification and erasure of their personal data in the Visa Information System (VIS) may do so by addressing the Ministry of Foreign Affairs, the European Union and Cooperation:
Ministerio de Asuntos Exteriores, Unión Europea y Cooperación
Inspección General de Servicios
Postal address: Plaza de la Provincia, 1, Madrid, España
Email: dpd@maec.es
The following forms may be used to do so:
Persons whose visa application has been refused because they are banned from entering the Schengen area may exercise their rights of access, rectification and erasure of their personal data in the Schengen Information System (SIS) by addressing the Ministry of the Interior.
To obtain more information on your rights and duties and on how to exercise your rights of access, rectification and erasure of data included in the SIS, please refer to the website of the Spanish Data Protection Agency.
Basic legislation
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
- Royal Decree 240/2007 of 16 February, on the entry, free movement and residence in Spain of citizens of Member States of the European Union and of other States parties to the Agreement on the European Economic Area).
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).
- Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code).