Unmarried partner visa Spain

Published on 14 February 2024

Although relocating to Spain could fulfil a lifelong desire, doing so would be a terrible disappointment if it meant leaving loved ones behind. To begin a new life together, many internationals currently residing in the country would love to have the legal option of bringing their spouses to Spain. The good news is that your married or unmarried partner can be allowed to join you in the country while you pursue your career or education goals.

This article will discuss the legal steps and conditions for bringing your fiancé or girlfriend to Spain in 2022. Although many people have misgivings about this procedure, it is achievable, and this post will show you the three distinct ways to perform it. You’ll also learn what to do if you wish to bring your partner if your marriage is through a civil partnership (Pareja de hecho) or equivalent figure, or stable partner who isn’t registered.

How do I bring my fiance to Spain?

spain partner visa
unmarried partner visa spain requirements

Bringing your fiance or spouse to Spain is possible, and there are several routes you can take to make this happen. You need to obtain a visa to make it possible for your partner to visit Spain. Here are some types of visas that may grant you access to reunite with your partner.

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1. Family Visa

Spain’s stance on family reunions is relatively liberal compared to other EU member states. In 2020, Spain issued more residency permits to minors than any other European country except Sweden and Finland. Additionally, in some instances, Spain also allows for relatives to be reunited with each other.

Who can move to Spain to join their family?

Whether or not your loved ones need a visa to join you in Spain is highly conditional. We look at who does and does not need a Spain partner visa to give you an idea.

Who does not need a family visa to move to Spain?

To visit a loved one in Spain as a citizen of the European Union, European Economic Area, or Switzerland does not require a visa. However, you must adhere to specific procedures to obtain a Foreigner’s Identity Number and legally work in the country (NIE).

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Who needs a family visa to join a family in Spain?

Relatives of non-EU/EEA residents in Spain who are not Spanish nationals will need a family reunion visa to join their relatives already living in Spain. In most cases, a relative already residing in Spain must be authorised to remain in the nation for an additional year before bringing their family to join them there.

2. Reunification Visa under the general regime

The most common and frequent choice is the general immigration regime’s family reunification visa. This happens when the foreign national has stayed in Spain for over a year and has a valid residencee card, and would like to relocate with her partner. That the foreign national has renewed her residence card or TIE at least once is one of the most essential prerequisites among those we shall now see.

Additionally, the following conditions must be satisfied:

  • Indicate the intimacy of the family. That is, to show that there is a connection between them. A marriage certificate is one valid form of identification that can serve this purpose.
  • Offer evidence of a secure financial background. The Immigration Service here needs assurance that the applicant is financially stable. A stable and reliable source of income of at least €800 per month is required (the Immigration Department will typically review your tax return from the previous year and employment records from the past six months).
  • A report stating that the applicant’s residence in Spain meets the bare requirements for a two-person household is required.
  • Furthermore, it will be crucial to show the economic dependence (that the prospective immigrant’s economic stability depends on that of his or her Spain partner already residing in the nation). One way to prove a relationship’s legitimacy is by showing that one partner has been sending the other cash in recent weeks or months.

Under the general regime, it is possible to reconcile with one’s spouse (husband or wife), civil partner, and even a stable partner who is not officially registered.

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What steps are involved, exactly??

The spouse currently residing in Spain will commence the procedure at the Immigration headquarters on behalf of her spouse still in her country of origin.

After the immigration office has approved the submitted application, the foreign-born spouse or partner may request a visa at the nearest Spanish embassy (family renuion visa), thus been granted entry to the country and get her residence card.

Since this card is associated with the foreigner’s address in Spain, its validity period will mirror the foreigner’s current stay in the country.

what if I don’t have enough money or a safe place to live?

The applicant (a foreigner in Spain) often does not have adequate funds to satisfy immigration authorities. Is there any way you can still bring your partner?
Yes. Bringing your partner along is still an option; an employment contract can help you negotiate. It is still possible if the Spain partner has a company prepared to employee her spouse and offer her an employment contract.

Suppose you have a relative in Spain who has had their residency renewed (at least once). In that case, an employee can apply for an employment permit without the government considering your application in light of the country’s unemployment rate (a primary reason why getting a job permit is so difficult.).

For this scenario, the only critical factor is that the company hiring the couple is debt-free and financially stable enough to fulfil their end of the contract.

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3. EU Family Reunification Visa

There is another family reunion procedure under the EU system, which EU national residing in Spain or Spanish citizen follow.

Although there is indeed a criterion common to the prior situation that becomes crucial (to provide evidence of a connection or to prove the existence of a genuine intimate attachment), the approach is slightly different, as we will see.

In addition, there are two benefits to reunion under the EU regime as opposed to the legal regime:

  1. Financial independence from Spain or another EU member state is not required so long as citizens can demonstrate their financial solvency.
  2. In contrast, the reunited partner will be issued a residency card valid for five years (instead of two) and be able to work legally in the nation.

Generally speaking, presenting evidence of union registration at the consulate is sufficient to obtain the visa, but an EU country must issue the marriage certificate. First, let’s break down the process into its parts and examine the places where we discover the most significant variations. She will either enter the country directly or through an earlier and additional procedure depending on whether or not she is a residence of country that requiring a visa to enter the country or not.

The first step in determining whether a visa is required (or not) is to find out if the couple’s or spouse’s home country has an admission agreement with Spain.

Procedure If Your Spouse Is from A Country That Does Not Require a Visa

If the couple’s home country is among nations exempted from requiring a visa to enter the country (tourist or short-term visa), then they will gain to entry to Spain without first obtaining a visa.

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While she may travel there, it won’t be as a tourist because of the different paperwork she’ll need to present. She plans to accomplish it under the guise of Spanish and European citizenship through her relatives.

Procedure If Your Partner Requires a Visa to Enter Spain

If your nation of origin requires a tourist visa, you’ll need to start the reunification procedure there.

The spouse of an EU citizen must apply for the visa as a relative at the Spanish consulate first.

  • The couple’s romantic connection in Spain.
  • That they are indeed a European or Spain partner
  • And that it is evident that they want to get back together

She will obtain the visa to get her into the country, where he will have to accredit all the conditions again, provide private medical insurance and demonstrate the economic means. As a result, he would be able to apply for his TIE or resident card.

3. Entrepreneur visa

Although it is not very frequent, it is nonetheless a viable option to non-EU citizen partner or spouse in Spain on a visa (such as visa for researchers, golden visa, permit for intra-company transfer, work permit for highly skilled professionals, etc.) issued under the Entrepreneurs Law is also allowed to enter the country.

The primary distinction is that the sponsor must submit an application to the UGE and that stable but unregistered partners cannot be included in the application (Partners legally joined in civil unions or marriages).

Nonetheless, the good news is that this institution responds quickly. If the immigrant is found to be in possession of a residence authorization under Law 14/2013 and to meet all requirements to recombine, then the Spanish consulate in the foreigner’s home country will provide an authorization for the couple to apply for a visa to enter Spain. The entrepreneur visa is a very good option!

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Family Visas to Join Refugees or Asylum Seekers in Spain

The Asylum Act guarantees the right to be united with one’s family. Requesting “family reunion” (Reagrupación familiar) or “extension” (Extensión familiar del derecho de asilo o de la protección subsidiaria) of one’s international protection status to one’s relatives are two options available to those seeking asylum or refugee status. A family reunion visa is required if the applicant’s relativess are not of the same nationality.

All of the following qualify for the “family” extension:

  • Applicants with Spanish dependent parents and siblings
  • Minor descendants
  • Spouse or person who is linked by cohabitation
  • In the case of an unmarried minor who receives international protection, any other adult is accountable for the minor under current Spanish legislation.
  • Relatives living in Spain who are dependent on the applicant

Specifying each member of your immediate family while applying for asylum in Spain is important. This document will be helpful when you submit your application for a family reunion in Spain. Find out what goes into bringing loved ones back together. Individuals seeking asylum in Spain are entitled to free legal representation.

In The Event of Divorce or Death of A Family Member In Spain

divorce spain partner
spanish residence permit through marriage

To stay in Spain after the death or breakup of your sponsor on a family reunification visa is not usually required. If your ability to remain in Spain is contingent upon your marriage or registered partnership, for instance, and you receive a divorce, you must notify the Spanish immigration authorities. Staying in Spain as a resident might be possible if you fall into one of the following categories.

  • There have been three years of marriage or more (as long as you both lived together in Spain for at least one of those years)
  • The court has granted you custody of your kids.
  • You do not have legal custody but are entitled to visitation.
  • During your marriage, your partner engaged in abusive or exploitative behaviour toward you, such as domestic violence or people trafficking.

You may be able to keep your Spanish residency even if your sponsor has passed away, provided that you have lived with them for at least a year. You should also promptly inform the Spanish immigration authorities.

Can I move to Spain with my Spanish partner?

You can move to Spain with your Spain partner, but it will depend on the circumstances. If you are both working in Spain, you do not need a visa for short-term work, and if you have children under 18 years old (or over 18 if they are full-time students), there is no requirement for a residence card.

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If you want to live together and have been living together for more than three months, or if one of you has lived in Spain before, it would be possible to get married without needing a residence card.

Can I stay in Spain if I marry a Spanish citizen?

Marrying a Spanish citizen is the only legal way to get Spanish citizenship without first being born in the country.

Back in the day, in Spain, things were very different. Marrying a Spanish national was a fast track to Spanish citizenship from the 1950s through the 1980s, just like that. However, this was no longer an option once significant changes were made to the Spanish civil law in 1978, when it became an autonomous community.

Therefore, nowadays, it is not enough to marry a Spain partner to obtain Spanish citizenship by marriage. The choice is no longer available. On the other hand, not all reports are negative. That’s because tying the knot with a Spanish national is the surest way to speed up the citizenship application process and reap its many rewards.

How does marrying a Spain partner benefit a foreigner when obtaining nationality in the country?

As a foreigner residing in Spain, you will benefit from this legal union for several reasons (which you can study here), not the least of which is the significant reduction in the number of residency years required to get it.

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According to the law, foreigners who have been legal residents of Spain for at least ten years are eligible to petition for Spanish citizenship. However, if you have wed a Spanish national, the 10-year waiting period is lowered to just one year. You’ll still need to apply for Spanish citizenship to live legally in the country, but the significant time savings afforded by your family ties will be well worth the effort. Could you please explain how this operates for those who aren’t tech-savvy? This allows us to break down the procedure into the following stages.

Step by step process to obtain Spanish citizenship by marriage

spain partner
spain spouse visa processing time

It all starts with the marriage ceremony with the Spanish national.

You can accomplish it in Spain either from your own nation or while arriving as a tourist.

However, caution is advised. Validation of marriages registered outside of Spain must first be completed in Spain.

After the wedding is recorded, you can seek Spanish citizenship. As the spouse of a European Union citizen, however, you will be eligible for a “tarjeta comunitaria,” a residence permit valid for five years (relative of an EU citizen visa).

If you get this visa, you have to stay in Spain for a year before applying for Spanish citizenship.

Here you will be confronted with the harsh reality of the Spanish immigration system: becoming a citizen takes a very long time.

Although the standard is that you should have a resolution within a year, delays of up to two years are not unusual.

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Your status as a lawful resident will not alter, however, because you will have received a resolution before renewing your card after 5 years.

Remember that a civil partnership registration will allow you to acquire the family member visa but will not provide the same time-reduction benefit for citizenship.

What Are the Main Requirements?

To successfully submit your application for naturalisation through marriage, you must include and fulfil the following conditions:

  • At the Cervantes Institute, you’ll find both the DELE A2 (language) and the CCSE (Spanish cultural) exams, both of which you’ll need to pass.
  • Applicants should send in a copy of their valid passport and NIE.
  • Valid birth certificates (both partners’)
  • Criminal background check
  • The Spanish word for “padrón” is “city hall registration,” and it is required that both you and your spouse register at the same place.
  • Document proving the couple’s marriage in Spain must be registered properly.
  • Demonstrate that you have access to 150% of the national’s IPREM minimum necessary funds for subsistence.
  • Valid and Permanent resident permit
  • As a final note, keep in mind that there is a 100€ application fee.

Can I move to Spain if my partner is Spanish?

Yes, as you can apply for a residence and work authorization that will allow you to work in Spain and you will have the same conditions as any EU citizen.

Can I marry a Spanish resident?

spanish partner visa
spain family reunification visa appointment

Yes. If you are thinking about marrying someone who is not your spouse and the marriage will take place in Spain, then it’s important to know if this person can be considered a resident or non-resident. The residency concept is very important because it determines whether you can live in Spain with your partner and have the right to get married here. You need to know what rights you would have after getting married to someone who isn’t your spouse.

It is possible to marry a Spanish resident if:

  • You are 18 or over and not married;
  • You are both free to marry
  • You have been living together for at least 2 years in Spain (or another European country) before the marriage occurs.
  • If you are under 18, your parents must give their consent. In some cases, the court may also be asked to approve the marriage.

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4 thoughts on “Unmarried partner visa Spain

  1. Celest |

    I am married to a Spaniard and I am British, we want to move to Spain, can I apply for Spanish residency?

    1. My Spain Visa |

      Yes, we can help you in the whole process, you can contact us.

  2. Susana |

    I am Spanish and I want to come to live with my American boyfriend in Spain, what do we need to do to be able to live both in Spain? Can you help us?

    1. Anna |

      Susana,

      One of our lawyers will contact you to answer your questions about spain partner visa .

      Regards,

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