Is it possible to obtain Civil Partnership while in an irregular situation in Spain?
This is a question frequently posed to us, prompting us to shed some light on the matter.
Since the publication of the Community Royal Decree in 2007, the concept of being a registered couple/civil partner gained significant importance. This registration as a couple in a public registry establishes a direct family relationship with a European or Spanish citizen, enabling the possibility of applying for the Residence Card for Family Members of a European Citizen. Marriage and registered partnership are considered equivalent in obtaining a residence card in Spain.
In this post we cover the following: (click any section to see its content)
Is it possible to obtain a Civil-Partnership while being illegal in Spain?
REGISTERED COUPLE IN SPAIN:
Registering as a couple in Spain is akin to marriage. Through these public registries, both members of the couple are officially recorded, forming a family unit.
While similar to marriage, registered partnership involves distinct rights and obligations.
REGISTERING AS A COUPLE IN SPAIN:
Unlike marriage, governed by the Civil Code with identical requirements and procedures nationwide, the registration of a couple is regulated independently by each Autonomous Community in Spain.
This discrepancy means that the requirements, documentation, and procedures differ depending on the Autonomous Community in which you find yourself.
In response to the initial question of whether it’s possible to become a registered couple while in an irregular situation, the answer is contingent on your city. In most cities or Autonomous Communities, registering as a couple while irregular is generally possible. However, some Autonomous Communities may require legal residence in Spain or additional prerequisites for such registration.
REQUIREMENTS FOR REGISTERING AS A COUPLE:
As reiterated throughout this article, there is no common set of requirements and procedures for the whole of Spain. Each Autonomous Community establishes its specific criteria.
The registration as a Civil Partnership are different in the following communities:
- Autonomous Community Andalusia
- Registry of Unmarried Stable Couples in Aragon
- Registry of Couples in Cantabria
- The Registry of Unions in Castilla y León
- Registry of Couples in Castilla-La Mancha
- Registry of Stable Couples in Catalonia
- The Registry of Couples in Extremadura
- Registry of Couples in Galicia
- Registry of Stable Couples in the Balearic Islands
- Registration of the Constitution of a Couple in the Canary Islands
- Registry of Unions in the Community of Madrid
- Registration of Couples in Murcia
- Unified Registry of Stable Couples in Navarra
- Registration of the Declaration of Constitution as a Couple in the Basque Country or Euskadi
- Registration in the Registry of Couples in the Principality of Asturias
- Registry of Couples in La Rioja
- Registry of Couples in the Valencian Community
- Couples in the Autonomous City of Ceuta
- Registration in the Registry of Couples in the Autonomous City of Melilla
FAQs FOR COUPLE REGISTRATION:
Here is a set of frequently asked questions regarding the Registration of a Couple in Spain:
- Does being in an irregular situation affect becoming a registered couple?
Currently, being in an irregular situation generally does not pose a problem when establishing or becoming a registered couple. This holds true for the majority of Autonomous Communities and municipalities in Spain.
- Are there identification issues when registering as a couple?
A common challenge encountered during the registration of a couple is proving the identification of the person in an irregular situation in Spain. Officials may insist on a physical card for identification, whereas a passport, the actual identification document, should suffice.
- How to become a registered couple with or without papers?
In light of the above, the essential requirement is to demonstrate identity rather than regularity. Hence, the majority of foreigners in Spain can become a registered couple regardless of having or not having legal papers.
- Can residency in Spain be obtained after registering as a couple?
Indeed. Registering as a couple is often a preliminary step to regularize one’s status, particularly for foreigners in an irregular situation with a Spanish or European partner.
- Can a residence card be applied for after registering as a couple?
Yes. If the registration of the couple is with a Spanish or European citizen, you become a direct family member, making you eligible to apply for the Residence Card for Family Members of a European Citizen.
ADVANTAGES OF REGISTERING AS A COUPLE:
Most foreigners opting for the registered couple status do so while in an irregular situation because it provides a straightforward way to regularize their status as family members of a Spanish or European citizen. By registering as a couple, they gain valuable advantages, such as the opportunity to apply for a five-year EU residence card, granting the right to work in Spain.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
ARE YOU CONSIDERING CIVIL PARTNERSHIP IN SPAIN?
Do you need legal assistance in Spain?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.