The main applicant (titular) and the family member (familiar) get a permit for the same period, but not the same rights. Choosing between spouses is part of your relocation strategy. It is not about who heads the family or who earns more.
Under the international remote worker route (Ley 14/2013), the titular is the person whose remote work and income justify the permit. Everyone else, meaning a spouse or partner, children and dependent relatives, applies as a familiar under art. 62.4, either together with the titular or later. They meet the general requirements of art. 62.3, and if the applications are filed at the same time they are decided at the same time.
| Titular | Familiar | |
|---|---|---|
| Work in Spain | Employees can only work for companies based outside Spain. A self-employed professional may also work for a Spanish company, but not more than 20% of total professional activity (art. 74 bis.1). | According to the Ministry’s official FAQ on remote work (question 17), a familiar can live and work in Spain without restrictions, as an employee or self-employed. |
| What must be proved | A degree or professional training from a recognised institution, or at least 3 years of experience (art. 74 bis.2). A company with real activity for at least a year and a relationship with it of at least 3 months (art. 74 ter). Income of at least 200% of the minimum wage (SMI) plus a family supplement (Joint Instruction, point 3). | The family tie and the general requirements of art. 62.3. The titular proves the income for the whole family. |
| If conditions stop being met | They must be kept for the whole validity, and any change reported to the UGE within 30 days. If they are not met, the permit can be terminated (additional provision 7). | The family’s status depends on the titular. Example from the Ministry’s FAQ: if a self-employed titular does not register with RETA, the permit ends for them and for their dependent family members. |
First: who can be the titular at all. It is not about who earns more. You need a qualification, a foreign company with real activity for at least a year, a relationship with it of at least 3 months, and income you can document. Planning figure: on average €2,849 gross a month, that is €34,188 a year, or 200% of the annual 2026 SMI (€17,094: €1,221 a month × 14 payments, RD 126/2026). For a family, on the same base: 75% (€1,068) for the first family member and 25% (€356) for each additional one. Basis: the Joint Instruction of the Directorate-General for Spaniards Abroad and the Directorate-General for Migration (29 and 30.03.2023), point 3, 1.a (“cantidad que represente mensualmente el 200% del SMI”). No rule states the euro sum. Some consulates give a lower figure, calculated on the monthly SMI of €1,221 (€2,442 / €916 / €305). For planning we take the larger base, which is our conclusion. Amounts are gross. A shortfall can be covered by savings, proved with a bank certificate for the whole validity of the permit. Income can be proved by any means (contracts, payslips or invoices for the 3 months before filing, bank certificate), and the assessment is individual. The UGE confirms the exact figure.
Second: who will work in Spain. The restrictions apply only to the titular. Whoever plans to work for Spanish employers or clients, or start a business in Spain, fits better as the familiar. Third: whose position will hold for the whole period. The permit is granted for up to 3 years and renewed for 2, and each time you must show that the conditions still hold (art. 74 quinquies).
It does not always work. These are the places where it breaks most often.
Everything rests on one person. If the titular’s contract ends, income falls or the relationship with the company stops, the whole family is in question at renewal or on a check. The more stable the titular’s income, the safer the plan.
A contract made to fit the application. The instruction requires you to prove ownership, lawfulness and availability of the funds, and the company must have real activity for at least a year (art. 74 ter). A contract with a company controlled by the applicant, their family or friends has to be defended with extra care. That is why our check sends such a case to individual review.
The titular wants to work in Spain. If the titular needs Spanish employers or clients, the 20% limit on professional activity becomes a problem. Then the other person should be the titular, or you should look at another route.
Registration with RETA. If the titular works as self-employed, the application includes a declaration committing to meet Social Security obligations before starting activity (Joint Instruction, point 6), and the registration must be done immediately after the permit is granted. The Ministry’s FAQ warns that without it the permit ends for the titular and the family.
You can change status later. According to the Ministry’s FAQ, you can move to another authorisation under Ley 14/2013, or to the general regime under Title XI of RD 1155/2024, if you meet the requirements of the new one. That is a separate procedure, so choose the titular with the whole period in mind.
Under art. 76.1 of Ley 14/2013 the maximum time to decide is twenty days from electronic filing. If there is no decision by then, the permit is deemed granted by administrative silence. Filing extends your previous status until the decision. The permit is granted for up to 3 years and can be renewed for 2.
Full Pro DUO, €229, for two people: a specialist reviews your situation, builds the strategy and prepares the document package. You file it yourselves.
Full Pro Family, €299, for families of three or more: a specialist reviews your situation, builds the strategy and prepares the document package. You file it yourselves.
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