If you’re the unmarried partner of an EU, EEA, or Swiss citizen, not Spanish, who follows a different procedure, you can legally enter Spain and later apply for residency, even without being married or in a registered civil partnership.
This guide explains exactly what you need to prove and the steps to follow under Spain’s community regime (Real Decreto 240/2007).
This procedure applies if your partner is a citizen of any EU or EEA country, or Switzerland, regardless of where in the EU they’re from.
It does not apply if your partner is Spanish: partners of Spanish citizens follow a separate national procedure.
You also don’t need to have your relationship formally registered as a “pareja de hecho”; a stable, well-documented relationship is enough, as explained below.
Do you have any doubts so far? Get in touch with our immigration lawyers and receive personalized legal advice and all your doubts solved:
How to enter Spain as an unmarried partner of an EU citizen
The process depends on your nationality:
If your country doesn't require a Schengen Visa
If your country doesn’t require a Schengen Visa, you can enter Spain directly as a visitor. Once in Spain, you must apply for your residence card as a family member of an EU citizen (form EX-19) at the Foreigners’ Office (Oficina de Extranjería) or police station in your province of residence, within 3 months of your entry.
If your country requires a Schengen Visa
If your country requires a Schengen Visa, you must first apply for a family reunification visa for EU citizens’ relatives at the Spanish Consulate in your country of residence, presenting the documentation described below. Once granted, the visa allows you to travel to Spain, where you’ll still need to complete the EX-19 application to obtain your residence card.
In both cases, you’ll need to prove the relationship and travel or joining circumstances described below.
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.
Traveling reason
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.
Existing relationship
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 for at least one year); 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.
The demonstration of a minimum time of convivence won’t be necessary in case they have children in common.
If your partnership is already registered abroad, the corresponding certificate of registration as an unmarried couple is also valid evidence, provided it’s duly apostilled and legalized.
After you enter: applying for your residence card
Once you submit your EX-19 application, you’ll receive a receipt (resguardo) proving your legal stay while the card is processed.
The residence card is valid for 5 years or for the period your EU partner is expected to remain in Spain, if shorter, and its validity depends on your partner continuing to reside in the country.
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.
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