We have great news! The Ministry of Foreign Affairs in collaboration with the Ministry of Interior in Spain have approved a new measure that will benefit many foreigners. From now on, all foreign couples of Spanish or EU citizens who are not yet married nor registered are allowed to enter Spain. And in this article you will learn which are the exact documents you must submit to enjoy this situation and the step by step process that must be followed.
What is this new measure about? Very simple.
It facilitates (and makes possible) entry into Spain for foreign couples of EU nationals who are yet unmarried and unregistered.
As we have already mentioned in other articles, through the family member of a European Union citizen immigration procedure, a foreigner from outside the EU can enter Spain and obtain residency, provided that he or she is married or in a civil union relationship with a community citizen.
And this could be done by entering Spain as a tourist and legally formalizing the relationship afterwards. And without the need to leave the country.
However, during the coronavirus health crisis, this is something that could not be done (temporarily).
That is, with the existing restrictions on entry into the country to contain the virus, the only foreigners who could enter Spain were legal residents with a residence permit. But in the case of not being a resident yet and wanting to enter with your tourist visa, things were totally different. You simply could not do it.
But now the situation has changed.
This new initiative has been created to make entry to the country more flexible for all these foreign couples. The idea is to allow couples who had been separated by the Covid-19 situation to finally reunite.
Thus, now non-European couples of EU citizens with whom they are not yet married will be able to enter Spain in order to start living together, or to simply reunite.
Application procedure for entering Spain as an unmarried couple of an EU citizen
All these non-EU citizens who intend to enter Spain to join their European partner and start living with her must follow the same legal procedure, divided into 3 different steps.
First, they must contact the Spanish Consulate located where the non-EU couple is currently staying. They must send all the documentation that proves that it is a stable and lasting marital relationship (“assimilable to a common-law relationship”); and that she wishes to enter Spain simply to join her partner or start living with him/her.
In the following section we will see in greater detail what these documents are.
Once these documents are sent to the consulate, the latter will send them to the Ministry of the Interior, the institution in charge of evaluating the application and issuing its resolution.
If the resolution is positive, the Consular Office will issue a certificate that will allow the non-EU citizen to enter Spain without any problem. This certificate must be presented to the airline and the border authorities upon request.
It’s that simple!
We remind you that, although the family member of the UE citizen procedure requires that the union is officially registered, it is also possible to formalize the process under exceptional circumstances with the residence by a stable couple (in which case the official registration is not necessary).
Which are the required documents?
The documentation to be provided must prove that the 3 main requirements are effectively true.
Let’s see them in detail.
First of all, it is essential to demonstrate that the reason for traveling to Spain is the one allowed and contemplated by this new regulation.
In other words, provide evidence that both members of the couple are traveling together to Spain (as long as they are together outside Spain), or that the non-European citizen is traveling alone to join his or her EU partner.
In the first case, it will be necessary to provide the airline tickets on the same flight, and in the second case a notarized declaration signed by the EU citizen before a notary.
On the other hand, both members must demonstrate that it is a stable and lasting relationship. To do so, there are two main ways, with non-exhaustive requirements.
Government documents can be used, such as the census (in which it is demonstrated that both are living together); or documents by the local authorities that demonstrate the existence of the relationship (in this case duly apostilled and legalized when coming from abroad).
But, in addition, other documents that can prove the relationship will also be valid. We are talking about rental contracts together during the last months or years, invoices, bank accounts with both members as owners, joint possession of assets, etc.
Intention to formalize the union
Finally, proof of the intention to formalize the marital relationship in the near future between the two members of the couple must be presented at the consulate, if it exists. This is achieved through presenting a copy of the appointment (already granted) for the signing of the marriage.
Start the procedure here
So far we have seen the most important considerations regarding this new flexibility to enter Spain being a non-EU couple of a European citizen.
However, if you still have doubts or you would like our team of lawyers to take care of the preparation of all the documentation, do not hesitate to contact us.
We will reply to you in less than 24 hours!