Can I gain Spanish residency through marriage or partnership?
Is it possible to gain Spanish residency through a marriage or partnership? Read on to find out more and discover if your situation makes you eligible.
So, you’ve fallen in love and have decided to marry or enter into a civil union with your partner, the only problem is that your partner lives in Spain and you don’t have Spanish residency to be able to live with them. Is it possible to apply for Spanish residency through marriage?
The short answer is yes, it’s totally possible to gain Spanish residency through marriage or a civil union, but different situations will apply, depending on your particular circumstances.
In Spain, a civil union is known as a pareja de hecho and grants you many of the same benefits as marriage, however there are a few main differences. Read here to find out what the differences are and which is better.
Residency through marriage to an EU citizen
If you are from a non-EU country and marry or enter into a civil partnership with someone from Spain or the EU, then gaining a Spanish residency permit is quite straightforward.
In this case, you will apply for a residence permit for Spain as a family member of an EU citizen or a tarjeta de residencia de familiar comunitario. This will enable you the right to come and live and work in Spain under the same conditions as those from the EU.
You must apply for the residence permit within a period of 90 days or three months after arriving in Spain and can do so by making an appointment at your local immigration office. Along with your ID documents, you will need to bring a completed Modelo EX-18 form found here.
The main requirements for this are:
- Your spouse or partner must be from an EU country
- They must have Spanish residency
- They must be legally working, be a student or have sufficient economic funds to be able to support you
- Your marriage must have been registered in an EU country, if not you will have to get your marriage certificate apostilled or might have to get your marriage re-registered in Spain.
If you and your partner meet all the requirements, you will be granted permission to live in Spain for five years and are able to renew it after this time.
READ ALSO - Q&A: Can EU nationals bring non-EU family members over to Spain?
What about if my partner/spouse is not an EU citizen?
If you marry or enter into a civil partnership with someone who is not Spanish or an EU citizen but has residency in Spain, the good news is that you’re able to join them and gain Spanish residency via the family reunification visa.
The main requirement is that your partner must have been living in Spain for a period of one year already and have already been granted a visa renewal for a further year or more.
If your partner has not already been living in Spain for one year, you will need to wait to be able to join them. The only way that you can join your partner immediately rather than waiting the rest of the time is if your partner has an EU long-term residency permit from another EU country, has an EU Blue Card or has a student visa.
The main requirement is that your partner has to prove that they have the financial means to support you. This means that they must demonstrate they earn an amount equivalent to or greater than 150 percent of the IPREM (Public Multiple Effects Income Indicator). For 2022 this equals €868.53 per month.
If your partner is not working, they will have to prove they have sufficient savings, as well as private health insurance.
READ ALSO: How can non-EU nationals bring family members to live in Spain?
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So, you’ve fallen in love and have decided to marry or enter into a civil union with your partner, the only problem is that your partner lives in Spain and you don’t have Spanish residency to be able to live with them. Is it possible to apply for Spanish residency through marriage?
The short answer is yes, it’s totally possible to gain Spanish residency through marriage or a civil union, but different situations will apply, depending on your particular circumstances.
In Spain, a civil union is known as a pareja de hecho and grants you many of the same benefits as marriage, however there are a few main differences. Read here to find out what the differences are and which is better.
Residency through marriage to an EU citizen
If you are from a non-EU country and marry or enter into a civil partnership with someone from Spain or the EU, then gaining a Spanish residency permit is quite straightforward.
In this case, you will apply for a residence permit for Spain as a family member of an EU citizen or a tarjeta de residencia de familiar comunitario. This will enable you the right to come and live and work in Spain under the same conditions as those from the EU.
You must apply for the residence permit within a period of 90 days or three months after arriving in Spain and can do so by making an appointment at your local immigration office. Along with your ID documents, you will need to bring a completed Modelo EX-18 form found here.
The main requirements for this are:
- Your spouse or partner must be from an EU country
- They must have Spanish residency
- They must be legally working, be a student or have sufficient economic funds to be able to support you
- Your marriage must have been registered in an EU country, if not you will have to get your marriage certificate apostilled or might have to get your marriage re-registered in Spain.
If you and your partner meet all the requirements, you will be granted permission to live in Spain for five years and are able to renew it after this time.
READ ALSO - Q&A: Can EU nationals bring non-EU family members over to Spain?
What about if my partner/spouse is not an EU citizen?
If you marry or enter into a civil partnership with someone who is not Spanish or an EU citizen but has residency in Spain, the good news is that you’re able to join them and gain Spanish residency via the family reunification visa.
The main requirement is that your partner must have been living in Spain for a period of one year already and have already been granted a visa renewal for a further year or more.
If your partner has not already been living in Spain for one year, you will need to wait to be able to join them. The only way that you can join your partner immediately rather than waiting the rest of the time is if your partner has an EU long-term residency permit from another EU country, has an EU Blue Card or has a student visa.
The main requirement is that your partner has to prove that they have the financial means to support you. This means that they must demonstrate they earn an amount equivalent to or greater than 150 percent of the IPREM (Public Multiple Effects Income Indicator). For 2022 this equals €868.53 per month.
If your partner is not working, they will have to prove they have sufficient savings, as well as private health insurance.
READ ALSO: How can non-EU nationals bring family members to live in Spain?
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