Both the Law and the Digital Nomad Regulations indicate that the foreigner can bring dependents with them. In this blog we discuss who qualifies as dependents and what are the requirements they must meet.
Who are dependents
The Regulation indicates that the dependents are: 1) spouse, 2) “de facto” partners, 3) sons/daughters under 25 years of age, 4) sons/daughters over 25 years of age with a disability and 5) older persons who live with the foreigner. This concept of dependent is more restricted than the concept of «dependent» established by the Immigration Regulations, which, unlike the new Regulations, consider younger or older siblings with disabilities and who are financially dependent on the foreign person as dependents, as well as the parents of the foreigner (if they are not older persons, that is, at least 65 years old).
An important novelty with respect to the Immigration Regulations is that these Regulations also consider as a dependent “any older person who lives” with the foreigner, which allows including people who are not necessarily parents of the foreigner.
What requirements must the dependent provide?
The dependent must provide the same as the digital nomad and also demonstrate his/her ties with the digital nomad.
If you are a spouse, you must provide a marriage certificate dated no more than six months after it was issued.
If you are a “de facto” partner, you must provide a document that reliably demonstrates the declaration or acknowledgment of the de facto union with a date of having been issued no later than six months by the competent authority.
If you are a son/daughter under 25 years of age, you must provide a copy of the birth certificate or proof of birth.
If you are a son/daughter over 25 years of age, you must provide a medical certificate that demonstrates your disability condition. The Regulations do not specify a type of disability, so in principle any disability would suffice in order to qualify as a dependent.
Finally, older persons ought only to submit a sworn statement proving the existence of the familial or coexistence ties with the digital nomad.
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M.Sc. Ana Isabel Sibaja Rojas
CELIG – Center for Equal Litigation