Many foreign residents in Spain wish to incorporate their partner legally in the country to live together. This procedure may raise doubts, but it is totally feasible. In this article, we present three different methods to achieve this easily.
We will delve into the process of welcoming your partner or fiancé in Spain, detailing all the necessary requirements and the development of the legal process in a sequential manner.
We will also offer guidance on how to proceed whether you wish to bring your spouse, your registered partner as a civil union or in situations of unregistered stable relationships.
Ways to bring your partner to Spain
It is totally feasible to relocate your future spouse or partner to Spain together with you, offering you three different alternatives to do so:
- First, there is the option of family reunification under the general regime. This method is ideal for those non-EU foreigners currently residing in Spain and in possession of a valid residence card.
- Next, there is the method of family reunification under the community regime. This is applicable when the applicant is of Spanish nationality or of a member country of the European Union.
- Finally, there is the option under the Entrepreneurs Law. This is aimed at non-EU foreigners in Spain with specific visas, such as the investor visa or the permit for highly qualified professionals. Each method has its unique characteristics and requirements, being crucial to identify which group you belong to in order to proceed properly.
We will now delve deeper into each of these modalities. But first, it is essential to understand what exactly the term 'partner' refers to in these contexts. Commonly, this term is applied to the spouse, i.e., the husband or wife with whom you are married.
In addition, the figure of the domestic partner is included. This has similarities with marriage but presents some differences, detailed in this article.
Finally, reunification is also viable for stable non-married couples. These are relationships without marriage or legal registration, but which demonstrate a stable bond through evidence such as children in common, joint bank accounts, shared housing, or having registered the relationship in the country of origin.
With these categories defined, we will examine the three forms of family reunification available.
Integrate your partner through the family regrouping procedure in general regime
The first and most common alternative is the family reunification process under the general immigration regime. This option is presented when the foreigner, who wishes to carry out the reunification, has resided in Spain for more than one year with a valid residence card and wishes to incorporate his or her partner into the country. One of the key criteria in this process is that the foreign person must have renewed at least once his/her TIE or residence card. Additionally, several essential requirements must be met:
- First, the relationship of kinship or marriage must be evidenced, which can be confirmed by a marriage certificate.
- Second, it is necessary to demonstrate the availability of sufficient and stable economic resources. The Immigration Office assesses whether the applicant has adequate financial solvency, generally with a minimum income of 800 euros per month in stable employment. This analysis is based on the employment situation of the last six months and possibly on the previous year's income tax return.
- In addition, a suitable housing report is required to ensure that the applicant's home meets the necessary conditions for decent cohabitation.
- Finally, it is crucial to prove the economic dependence of the partner planning to move to Spain on the foreign resident. This can be evidenced with documents showing the sending of money during the last few months.
This procedure is valid for the three types of relationships previously mentioned: married spouses, common-law couples and unregistered stable couples, all of which can be included under this general regime.
Family Reunification Procedure
The member of the relationship currently residing in Spain is the one who must initiate the procedure at the “Oficina de Extranjería”, while his or her partner (the person to be reunited) remains in his or her country of origin.
Upon presentation and approval of the application by the Oficina de Extranjería, the other member of the couple, who is abroad, may proceed to apply for a visa at the Spanish consulate (specifically, a visa for family reunification).
This visa will allow him/her to travel and enter Spain, where he/she will finally be able to apply for and obtain his/her own residence card. This card will be directly associated to the residence of the foreigner already in Spain, so its validity will be identical to that of the applicant's residence card in Spain.
What if I lack sufficient funds or suitable housing?
If you do not have adequate funds or accommodation, are there alternatives to proceed with the reunification of your partner or fiancé?
Often, the applicant residing in Spain does not meet the financial requirements imposed by the immigration authorities. However, there are still viable solutions.
One feasible option is reunification through a labor contract. If the foreign resident in Spain finds an employer who is willing to employ his or her partner by offering him or her a work contract, the reunification process is still possible.
A notable benefit of applying for a work permit for a reunited family member, especially when the resident in Spain has renewed his or her residency at least once, is that the immigration authorities will not consider the national unemployment rate, an aspect that generally complicates obtaining work permits.
In this situation, the crucial requirement will be that the employer who hires the couple has no debts and has the necessary economic solvency to support such a contract.
Reunite with your spouse in Spain through the EU regime
On the other hand, we find ourselves with the process of reunification of the couple in community regime; the type of procedure carried out by the Spanish or community citizen who resides in Spain. Although it is true that there is a requirement common to the previous case that becomes fundamental (to demonstrate the bond or that such an affective relationship really exists); the process is somewhat different as we will now see.
In addition, the regrouping in the European Union regime offers two advantages over the general regime: Regarding economic means, it is not necessary to prove economic dependence, but simply the solvency of the Spanish/EU citizen. And, on the other hand, the residence card that the regrouped couple will receive is for 5 years (instead of only 2), which allows them to work in the country. But be careful!
The marriage certificate must be issued by an EU country, since the one from the country of origin would not be valid; although in many cases it is enough to present the proof of the registration of the union at the consulate to obtain the visa.
Let's see how the process works step by step, a section in which we find important differences. Depending on whether the couple to be reunited and brought to Spain is a national of a country that requires (or not) a visa to enter Spain, they will be able to enter directly into Spanish territory or they will have to go through a previous and extra procedure.
So, the first thing to do is to find out whether the country of origin of the partner/spouse has an entry agreement with Spain or not, in order to check the need (or not) to apply for a visa.
Joining your spouse in Spain under the Entrepreneur Law
Finally, there is a third option that, although less used, is still equally valid. Non-EU citizens who are in Spain with a visa under the Entrepreneurs Law (such as the golden visa, visa for researchers, work permit for highly qualified professionals, intra-company transfer permit, among others) have the possibility of bringing their partner.
The main difference in this case is that the process is initiated with an application by the sponsor at the Large Business Unit (UGE), and it is only possible to regroup couples who are officially registered, i.e. married couples or couples in civil unions.
An advantage of this process is the speed with which the UGE issues a response; once it has validated that the foreigner has a residence authorization in accordance with Law 14/2013 and meets all the requirements for regrouping, an authorization will be issued that will allow the couple in the country of origin to apply for their visa and enter Spain.
In this article we have explored the options for reuniting couples in the three possible forms: marriage, civil partnerships and unregistered stable partnerships.
If you have any specific questions or require personalized legal advice, we invite you to contact our team of immigration lawyers. We will be happy to answer your questions and provide you with the necessary assistance. We will contact you as soon as possible.
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