It is very common. A Spanish citizen has been living abroad with his partner for a long time. Perhaps they haven’t married yet, so they cannot apply for residency.
However, the Spanish immigration law does in fact allow them to obtain it as long as they can prove their relationship, and in this article we will show you how. We will explore everything you need to know about the residency for unmarried stable couples, including the main requirements and documents to be provided.
Since the new Royal Decree 1155/2024 went into effect, it is now possible to obtain residency in Spain if you have an unregistered stable partner, provided you can meet certain requirements, such as living together and having children in common…
The type of residence permit you must apply for will depend on your partner’s nationality: whether they are Spanish; from an EU country, the EEA, or Switzerland; or a foreign national with legal residence in Spain.
- If your partner is a Spanish national, you must apply for temporary residency for family members of Spanish nationals using Form EX-24 (This residency is valid for 5 years and does not require proof of financial means or health insurance).
- If your partner is a national of any other EU country, an EEA country, or Switzerland, you must apply for a residence card for family members of European Union citizens using Form EX-19, proving at least 12 months of continuous cohabitation (or less if you have children together), under the same conditions as a registered partnership.
Currently, these are the two options available for obtaining residency in Spain if you are not married to your partner and if you are not registered as a domestic partnership.
What is the unregistered stable partner?
An unregistered stable partnership is a romantic relationship between two people who, without having married or registered as a domestic partnership, can demonstrate a stable and lasting cohabitation of at least 12 months (or less if they have children together).
That is to say, even if there is no official record to support it, these are cases in which the members of the couple really have a solid and long-lasting relationship, sharing their life projects together.
Some of the evidence required to prove this relationship between the two people includes:
- Demonstrating that they have lived together as a couple for at least one continuous year
- If they have children together, proof of a stable cohabitation relationship, duly documented, will suffice.
Who can apply for a residency as an unregistered partner?
There are many foreign citizens who actually have a relationship with a European or a Spanish citizen who would like to apply for a visa as a family member of an EU or a Spanish citizen to start living in Spain, but cannot.
We are talking about couples who have not registered or formalized their affective relationship in any way, but who are in a solid relationship and can prove it.
For all these cases, the law on foreigners allows them to obtain their residence permit anyway, as they are the stable partner of a European Union or Spanish citizen.
Although the fact that you are a couple without being legally registered is a common requirement for both the residence permit for family members of Spanish citizens and the residence permit for family members of EU citizens, these two permits are not the same; they do not have the same requirements, do not require the same documentation, and do not have the same validity period.
If you would like more information, please feel free to contact our experts.
How to demonstrate that the relationship does exist
One of the most important requirements in this process is to demonstrate that the foreign citizen is actually a partner of the Spanish (or European) individual.
There are different ways to do this, and although below we will provide a series of tips that you can use, in the end, it is partially subjective. The clerk in charge of evaluating your situation and issuing her verdict has the discretion to determine whether or not the evidence you provide is sufficient.
Legally, the only requirement mentioned is proving the length of cohabitation; however, in practice, the authorities are much stricter and will likely request additional information to prevent fraud and ensure that you are, in fact, a stable couple in a relationship equivalent to that of a registered marriage.
So we recommend that the more proof you can provide, the better.
However, below is a list of the evidence that will be most useful to demonstrate the stable relationship:
- That the relationship is at least one year long (as the amount of time living together that you are required to demonstrate is a minimum of one year)
- You have been living together for many years, and you can prove it with a certificate of cohabitation. The minimum is one year; however, it is much better if you can prove more time)
- Provide any type of document that proves the relationship. For example, a joint will, being beneficiaries of the same life insurance, common “empadronamiento”, etc.
- Shared bank accounts.
- Having children together.
- Statements from family members or close witnesses who testify before a notary that the couple is actually a stable couple and that indicate how long they have been married.
- Other evidence, such as photographs on social media, accommodation in other countries if you have travelled, hotel reservations, communications via emails or Whatsapp, etc.
As you can see, there is no definitive proof. Each case is particular, and you must analyze how to prove it in your personal case (according to the evidence you are able to gather).
Requirements and legal procedure
The procedure for obtaining residency as a family member of an EU, EEA, or Swiss citizen must be initiated by the EU, EEA, or Swiss family member from within Spain at the Foreigners’ Office in the province where they intend to reside or at the corresponding police station.
On the other hand, to apply for residency as the partner of a Spanish citizen, the process may be initiated by either party, either from Spain (in exceptional cases, if both of you are here), or from abroad (if you and the Spanish citizen are both outside Spain, or if only the foreign national is there).
The required documents and eligibility criteria are similar for both procedures, and are the following:
- Passport of the foreign citizen who wants to start living in Spain
- Certified photocopy of the Spanish citizen’s ID card (DNI) or passport
- Declaration by the European citizen stating that she wants to reunite and start living with the non-EU partner in Spain
- Certificate of registration (empadronamiento)
- Birth certificate of the Spanish citizen to verify her nationality
- Absence of criminal records
- Document explaining the history of the couple, with a brief summary of the evidence provided and specifying how the requirements are being met
Validity and Renewal of the Residence Permit
The residence permit for a stable partner of a Spanish citizen is valid for 5 years from the date it is granted. Unlike the system in place before 2025, it is not mandatory to marry or register a domestic partnership during that period to retain the permit.
However, it is important to maintain cohabitation and the relationship, as a breakup could affect renewal.
For the Family Member of an EU Citizen Card (EU/EEA/Swiss partner), the validity is also 5 years or the planned period of residence of the EU citizen, whichever is shorter.
Start your application for the unregistered civil partnership residency
And up to here, everything you need to know to get your residence permit, even if you have not registered your marriage or union in Spain..
If you still have doubts or would like our team of lawyers to guide you step by step through the whole process, do not hesitate to contact us.
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