Family reunification is a form of temporary residence authorisation that may be granted to family members of foreign nationals lawfully residing in Spain, pursuant to the right to family reunification exercised by a resident foreign national.
One of the essential requirements within this procedure is the adequate housing report, a document certifying that the dwelling in which the family will reside meets the necessary living conditions.
Legal Framework
1.Directive 2003/86/EC of 22 September on the right to family reunification.
2.Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreign Nationals in Spain and their Social Integration (Articles 16 to 19).
3.Royal Decree 1155/2024 of 19 November, approving the Regulation implementing Organic Law 4/2000 on the Rights and Freedoms of Foreign Nationals in Spain and their Social Integration (Articles 65 to 68).
What is the Adequate Housing Report?
The adequate housing report is a document issued by the social services of the competent bodies of the Autonomous Community of the applicant’s place of residence, certifying that the applicant’s dwelling satisfies the necessary conditions of habitability and sufficient space to accommodate the family members to be reunited.
For these purposes, adequate housing shall be understood as housing that complies with the requirements established under Article 3(c) of Law 12/2023 of 24 May on the Right to Housing, insofar as such requirements do not conflict with the provisions established by the competent housing authorities. In the event of any inconsistency, the requirements established by the competent housing authorities shall prevail.
This report forms part of the mandatory documentation that must be submitted within the family reunification procedure, as regulated by Spanish immigration law.
Purpose of the Report
The purpose of the adequate housing report is to verify that the foreign national applying for family reunification has appropriate accommodation for family cohabitation, ensuring minimum standards of dignity, safety and habitability.
In assessing the suitability of the dwelling, the administration generally considers several aspects, including:-Surface area and layout of the dwelling
-Number of rooms
-Number of individuals currently residing in the property
-Habitability and equipment conditions
-Legal title justifying the use of the dwelling (such as a tenancy agreement or proof of ownership)
Timeframe for Issuance of the Report
The report is generally issued within a period of up to 30 days, although this may vary depending on the competent authority.
If this period elapses without the report being issued, the applicable legislation allows, in certain circumstances, for the adequacy of the dwelling to be demonstrated by other means of evidence admissible in law, as provided for in Article 67 of Royal Decree 1155/2024.
Importance of the Adequate Housing Report in Family Reunification
The adequate housing report constitutes a key requirement in the family reunification procedure, as it demonstrates that the applicant has suitable accommodation for their family members.
Proper preparation and submission of this document are essential in order to avoid requests for additional documentation or delays in the processing of the family reunification application.
