The residence permit as a family member of an EU citizen is one of the most common procedures to obtain residency in Spain. One of its most important requirements consists of demonstrating the legal relationship between both members, something that is done through the marriage certificate.
But this raises a common doubt many don’t know how to answer. Will the marriage certificate obtained in a non-EU country be valid for the procedure? Do I have to register this union beforehand, or do I have to take any kind of extra step?
Let’s solve this doubt below.
The family member visa is a residence permit for 5 years that allows the non-EU citizen to live and work legally in the Spanish territory thanks to being a relative of a national from the European Union.
It is important to note that if your partner or spouse is a Spanish national, please be aware that as of May 20, 2025 (Royal Decree 1155/2024), non-EU family members of Spanish citizens will no longer apply for the EU Family Member Card, but rather for the new Residence Permit for Family Members of Spanish Citizens.
One of the most important requirements to successfully obtain this residence permit is to demonstrate that the link between the non-EU and the European citizen actually exists.
The simplest way to do this is through a marriage certificate or a certificate of domestic partnership, although there is also the option of proving the relationship through common descendants or continuous cohabitation.
In Spain, marriage has civil effects from the moment it is solemnized, but full recognition requires registration in the Civil Registry (Article 61 of the Civil Code).
When a couple has married in a country outside the European Union, the validity of that marriage for the purposes of the community property regime depends on whether the EU citizen’s country of origin requires, under its own law, the registration of the marriage celebrated abroad in order to recognize its full civil effects.
Below you can find a list of all the countries that do not require the marriage to be registered (if it was celebrated outside the EU) in their country in order for the marriage to have full effect.
Thus, you will have to verify that the nationality of the EU citizen is on the list; and if it is not, it will be necessary to register the marriage in the country of origin of this member of the couple.
List of countries that DO NOT require the marriage registration
Below you will find the complete list of the EU countries that do not require the marriage to be registered in their own national territory in order to carry out the procedure of EU family member in Spain (in the case that the union was registered in a third country).
That is because the country of origin of the European relative accepts marriages registered abroad; hence they are legally valid within the EU (hence also in Spain, where the procedure will be carried out).
If that is the case, you just need to simply apostille/legalize the marriage certificate obtained, for example, in Japan, China, or any other non-EU country.
This legalization or apostille requirement applies to all foreign public documents submitted to the Immigration Office, in accordance with the Hague Convention of October 5, 1961, unless the document is exempt under another international convention:
- Germany
- Austria
- Belgium
- Czech Rep.
- Cyprus
- Finland
- Ireland
- Iceland
- Luxembourg
- Norway
- Netherlands
- The United Kingdom*
- Sweden
It is important to note that residents in Spain who are citizens of the United Kingdom can prove the marriage with the non-EU citizen through a special certification issued in a British Consulate located in the Spanish territory (which must be translated and legalized or apostilled).
List of countries that DO require the registration
On the other hand, we find the list of countries whose marriage certificates would not be valid without first being registered in the country of the EU citizen:
- Bulgaria
- Denmark
- Slovakia
- Slovenia
- Estonia
- France
- Greece
- Italy
- Hungary
- Latvia
- Lienchestein
- Lithuania
- Malta
- Poland
- Portugal
- Romania
- Switzerland
- Spain
Next steps to successfully finish with your application
Marriage registration is just one of the first steps in the process of successfully obtaining a community card.
But what’s next? What are the other requirements?
Here you can access a complete guide with all the info about this permit.
Also, if your spouse is a Spanish citizen, in this post we explain the correct procedure for obtaining a Spanish family member’s residence permit, which applies to your situation instead of the EU residence card.
And, if you still have any doubts, our immigration lawyers are at your complete disposal:
Speak with one of our
immigration lawyers
Not sure which immigration pathway fits your situation? Our legal team will evaluate your case, recommend the best strategy, and handle the process from start to finish.
