Basque Court Denies Visa to Equatorial Guinea Woman Due to Mother's Welfare Income

The Basque Regional High Court has upheld the denial of a family-based residence permit for a woman born in **Equatorial Guinea** in **1999**. The ruling states that her Spanish mother lacks sufficient independent means because her income comes from social benefits.

## What family ties require

Family ties allow foreigners with relatives in Spain to work and reside. Since the applicant is over 21, she must prove economic dependence on her Spanish family. She applied in **April 2024**.

The court acknowledges they live together but rules that social aid does not count as sufficient personal resources. Spanish law does not clearly define "being dependent," so the court takes a restrictive view: support must not come from the state.

## Temporary aid vs. permanent income

The defense argued the mother's benefits were temporary due to health issues. The court rejects this. The mother had a kidney transplant in **2016** and has had no other income since.

This detail tipped the scales. The court sees no "temporary" help when years pass without other earnings. The decision, made two years ago, is now final.

## What this means for similar cases

The ruling does not ban Spanish nationals from supporting foreigners. It requires the sponsor to have personal resources, not public aid. This standard may apply to similar files: citizenship alone is not enough if support comes from the state.

The judgment argues family ties should not shift the burden to social services. This legal interpretation is debated but prevails in the Basque Country.

These rulings affect residence rights and depend on specific circumstances. Consult an immigration lawyer before making decisions.