If you are a foreigner and have a partner from the European Union, the European Economic Area, or Switzerland, you can obtain residency in Spain by applying for the community card for common-law partners.
To achieve this, you must register as a couple and meet a sequence of requirements outlined by the law.
In this article, we will explain the process of obtaining residency for common-law partners, the necessary requirements for making the application, and provide suggestions on where to find professional advice in the field.
Community Card for Common-Law Partners
The community residence card for common-law partners is a temporary residency authorization that allows you to live and work in Spain for a period of 5 years.
If you have an emotional relationship with a Spanish or European Union citizen, or with a citizen of another state party to the Agreement on the European Economic Area or Switzerland, who does not hold the nationality of any of these states, also known as a community citizen.
This is the easiest way for a foreigner, the partner of a community citizen, to obtain their residence as a common-law partner in Spain without the need for marriage.
Requirements for a Community Card for Common-Law Partners
These are the requirements for a community residence card for common-law partners that you must meet:
- Form a common-law partnership with a citizen of the European Union, Iceland, Liechtenstein, Norway, or Switzerland.
- Both members of the common-law partnership must prove their marital status through relevant documents.
- The community citizen must meet the following conditions:Be employed, either as an employee or self-employed, in Spain.
- Have sufficient financial resources for themselves and their family members to avoid becoming a burden on Spanish social assistance during their stay.
- Additionally, they must provide proof of public or private health insurance, contracted in Spain or another territory, that provides coverage in Spain during their stay equivalent to that provided by the National Health System.
- Be a student enrolled in a public or private institution recognized or funded by educational authorities to pursue studies or vocational training, as well as have public or private health insurance contracted in Spain or another territory that provides full coverage in Spain, and provide evidence that they have sufficient financial resources for themselves and their family members to avoid becoming a burden on Spanish social assistance during their period of residence.
What does a stable couple mean according to the civil code?
According to the civil code, a stable couple is one constituted by two people who live together in a life partnership similar to marriage and meet the following criteria:
- They have lived together for at least 2 years continuously.
- Have conceived a child during their period of cohabitation.
- Formalize the interaction in writing and publicly before a notary.
- Married persons who are not legally separated.
Therefore, each of these individuals who meet these criteria are eligible to obtain a residence permit as a couple.
Benefits of being a common-law couple
Here are some of the benefits of being a common-law couple:
- Work permits: Once the common-law partnership is official, you can enjoy work permits in case one of you falls ill.
- Adoption facilitation: Although adoption by common-law couples is permitted in Spain, in some countries, adoption may only be allowed for legally married couples. However, in Spain, you can adopt as a common-law couple.
- Healthcare assistance: As a common-law couple, if one of you is contributing to social security, the other partner can also receive healthcare assistance.
These are some of the benefits of being a common-law couple.
Frequently Asked Questions
How does registering as a common-law couple affect the process of obtaining the community card?
Registering as a common-law couple is crucial for the process. In many countries, couples must officially register to be legally recognized. This registration acts as proof of the relationship’s existence and is essential when applying for the community card based on a common-law partnership.
Can a community card for a common-law couple confer the same rights as a card based on marriage?
In many cases, yes. The community card for a common-law couple usually grants similar rights to those of a card based on marriage. This may include residency rights, work rights, and access to public services. However, it is important to review the specific regulations of the country, as rights may vary.
What happens if the common-law couple separates or ends cohabitation?
Separation or the end of cohabitation can have implications for the validity of the community card for a common-law couple. In some cases, the right of residence may be lost. It is essential to seek legal advice in case of changes in the relationship’s situation to understand the consequences and take appropriate measures.
If I have a community card, can I apply for Spanish nationality?
Having a community card does not automatically grant the right to apply for Spanish nationality. The community card facilitates the right to reside and work in Spain, but to obtain Spanish nationality, a continuous period of legal residence in the country, complying with certain specific requirements, is generally required.
Foreigners with a community card can count the time of residence in Spain, but they must follow the guidelines established by immigration and nationality laws. Usually, a period of legal and continuous residence, evidence of cultural integration, and in some cases, renunciation of previous nationality, among other requirements, are required.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.