In this post we cover how you can register as a civil partner even while you are ilegal in Spain.
Is it possible to become a registered couple while in an irregular situation in Spain?
This is a question we receive from many of our clients and that’s why we want to fully discuss this topic.
Since the publication of the Civil Partnership Royal Decree in 2007, the figure of the registered couple gained significance. Through this registration as a couple in a public registry, we become direct family members of a community or Spanish citizen, making it possible to apply for the Residence Card for Family Members of EU Citizens. Marriage and registered couples are considered equivalent in obtaining a residence card in Spain.
In this post we cover the following: (click any section to see its content)
A guide on how to register as a civil partner in Spain even while you are ilegal in Spain..
- CIVIL PARTNER WITHIN SPAIN »
- HOW TO REGISTER YOUR CIVIL PARTNER IN SPAIN »
- REQUIREMENTS TO REGISTER AS A CIVIL PARTNER WITHIN SPAIN »
- FAQ ABOUT CIVIL PARTNERSHIP IN SPAIN »
- ADVANTAGES OF REGISTERING AS A CIVIL PARTNER IN SPAIN »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
CIVIL PARTNERSHIP WITHIN SPAIN:
The registration as a couple in Spain is similar to marriage which through these public registries, both members of the partnership are registered, forming the same family unit.
This figures in Spanish law very similar to marriage, but with different obligations and rights.
REGISTERING YOUR CIVIL PARTNERSHIP IN SPAIN:
Today, unlike marriage regulated by the Civil Code with identical requirements and procedures throughout Spain, registering as a couple is regulated by each Autonomous Community, within Spain.
This means that depending on the Autonomous Community you are in, the requirements, documentation, and procedures are different.
Therefore, in response to the initial question of whether it’s possible to become a registered couple while irregular, we’ll say it depends. It depends on the city you are in and your specific details.
In general however, you might be able to register as a couple while irregular in most cities or Autonomous Communities, but some regions may require legal residence in Spain or additional requirements for the registration as a couple.
REQUIREMENTS FOR REGISTERING AS A CIVIL PARTNER:
As mentioned throughout this article, there are no common requirements and procedures for the whole of Spain; each Autonomous Community establishes its own.
Based upon this, to inform yourself fully on the specific requirements in your local community of Spain, you should CLICK-HERE » to schedule an appointment with one of our solicitors to provide you with further information on the requirements and procedures.
FAQ CIVIL PARTNERSHIP IN SPAIN:
Q) Does being in an irregular situation affect becoming a registered couple?
A) Currently, being in an irregular situation doesn’t pose any problem when establishing or becoming a registered couple. This is true in the majority of autonomous communities and municipalities in Spain.
Q) What identification is required when registering as a civil pertnership?
A) The main issue we’ve encountered during couple registration is proving the identification of the person in an irregular situation in Spain. Officials often demand a physical card for identification when, in reality, a passport, the actual identification document, should be requested.
Q) How to become a couple without papers (or having them)?
A) Following the above, it’s necessary to prove an identity requirement rather than a regularity requirement. Therefore, the majority of foreigners in Spain can become a couple if they have a partner in the country, irrespective of whether they have papers or not.
Q) Can residency in Spain be obtained after registering as a couple?
A) Indeed. In many cases, registering as a couple is a preliminary step to obtaining residency, especially when foreigners are in an irregular situation and have a Spanish or EU partner. Registering as a couple is a legal way to regularize the couple’s status, similar to marriage. Establishing a couple is a legal act that provides a legal perspective to your personal situation.
Q) Can I apply for the community card after registering as a couple?
A) Yes. If the couple’s registration is done with a Spanish or EU citizen, you become a direct family member and can therefore apply for the Residence Card for Family Members of EU Citizens.
ADVANTAGES OF REGISTERING AS A CIVIL PARTNER:
Most foreigners who engage in civil registration, do so while in an irregular situation because it’s an easy way to regularize their civil status through their relationship with a Spanish or any other EU citizen.
By registering as a couple, they become first family members of a European Union citizen, gaining significant advantages. Therefore, they can benefit from the possibility of processing their five-year community card, which also grants 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)
DO YOU REQUIRE ASSISTANCE TO REGISTER YOUR CIVIL PARTNERSHIP IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
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.