Spanish residency through marriage

What is Spanish residency?

Every foreigner wishing to enter Spanish territory must have permission. In the case of tourists, this permission is valid for 3 months. But if the foreigner’s intention is to stay in Spain for an extended period and also has aspirations to work, they must obtain a residency permit through marriage in Spain.

Now, the legislation establishes several scenarios, but in this case, we will focus on residency granted to the foreign spouse (non-EU) married to a Spanish citizen or a citizen of the European Union who has decided to settle in Spain.

Thus, the spouse (non-EU) of a Spanish citizen or EU citizen, intending to reside in Spain for a period longer than 3 months, must apply for a family member of a Union citizen card. The main requirement for this is to prove marriage in Spain.

Obtaining Spanish residency through marriage

You may already know that when you are a family member of a Spanish citizen or EU citizen and you live in Spain with your family, you can apply for the EU Family Member Residence Card. This is one of the best residence cards available in Spain’s legal system and is currently one of the most requested residence permits in Spain.

There are several family members who can access this type of residence permit, including the spouse, dependent ascendants, dependent children under 21, or older children living under the dependency, etc.

Spanish and foreign citizens have the right to marry in Spain, regardless of the foreign citizen’s legal status. Therefore, it is possible to marry in Spain with a foreigner who is in an irregular situation.

The peculiarity in the case of marriages, including mixed marriages, i.e., between a Spanish citizen or EU citizen and a foreign citizen, lies in the need to process a dossier before the celebration of the wedding. This procedure is mandatory and can be carried out:

• At the Civil Registry office of the residence of either of the spouses
• And since April 2021, it is also possible to start this marital dossier before a Notary.

Thus, once the dossier is completed, the judge or the notary authorizes the celebration of the wedding, after which both parties become «married according to Spanish civil law,» leading from that moment to a series of legal consequences of various kinds, among which stand out, for their particular relevance, the benefits derived from immigration law in favor of the foreign spouse of a Spanish citizen.

Once the marriage with a Spanish resident card is celebrated, the foreign spouse becomes a direct family member of an EU citizen and therefore entitled to residence in Spain under EU regulations.»

Requirements to apply for residency by marriage

Not all requirements must be fulfilled solely by the foreign citizen interested in obtaining residency through marriage. Below, we will see that the Spanish or EU citizen must meet a vital requirement for the residency application of their partner to proceed.

Therefore, it is crucial to demonstrate that the Spanish or EU citizen has sufficient financial means to support themselves and the entire family unit. This can be proven in various ways:

• Employee

If the Spanish or EU citizen is an employee, they must provide a certificate of employment and an employment contract containing essential information about the company they work for.

• Self-employed

If they are self-employed, it will be necessary to provide registration in the Census of Economic Activities and registration in the Mercantile Registry. In both cases, documentation of enrollment or a similar status in the Social Security system will also be required.

• Non-profit activities

In the case of not engaging in profit-making activities, they must demonstrate that they have health insurance, contracted in Spain or with coverage in Spain during their time of Spanish residency. Additionally, they must prove, by any legally admissible means, their financial resources for themselves and their family during their residence in Spain.

For students, they must present enrollment in an educational institution. Similarly, they must have health insurance and possess sufficient resources for themselves and their family while they remain in Spain.

Applying for the EU Family Member Residence Card

If the specified requirements are met, the foreign citizen must go to the Foreigners’ Office in their province, either in person or electronically, and in both cases, submit:

• Form EX-19 in duplicate, completed and signed by the foreign applicant.
• Valid and complete passport.
• Marriage certificate, as previously explained.
• Spanish citizen’s ID card or EU citizen’s
• Registration Certificate.
• Financial means of the Spanish or EU citizen.
• Proof of cohabitation with the spouse.
• Proof of payment of the fee.
• Furthermore, the resolution period is three months and must be notified to the interested party.

If approved, the foreign spouse must proceed with the «fingerprinting» process for the issuance of the residence card.

Steps to obtain Spanish residency by marriage

Once you have lived in Spain with your spouse for at least one year, you can initiate the process and submit your application online along with the aforementioned supporting documents and translated copies. This will include the documents mentioned earlier as well as the required translated copies. The Ministry of Justice will evaluate your application and inform you of its success. If your application is accepted, you will be granted permanent residency and receive your residency permit, passport, and Spanish residence card. With these documents, you can work without a visa.

Upon obtaining Spanish citizenship, you will lose citizenship of your country of origin, as Spain generally does not allow dual citizenship except for citizens of Hispanic American countries, the Philippines, Portugal, Andorra, or Equatorial Guinea. Sephardic Jews can also retain dual citizenship.