Did you know that you can obtain residency in Spain through marriage? Marriage, as well as being an emotional union, can also be a legitimate and effective way to obtain residency in Spain. This option represents an opportunity to build a future together in a country with a rich cultural heritage, a high quality of life and multiple personal and professional opportunities.
However, obtaining residency in Spain through marriage is not an automatic process. There are specific legal requirements that must be met, documentation that must be submitted and administrative procedures that must be followed.
If you want to know more about how to obtain residency in Spain through marriage, this guide will take you step by step through the entire process so that your application is approved without setbacks.
Do you want a expert consultation? Contact us and we will help you.
What is residency through marriage in Spain?
The modality of residency by marriage in Spain is based on the principle of family unity, which recognizes that a person married to a Spanish or European citizen should have the possibility of living in the same country as their partner without administrative barriers.
The process of obtaining residency through marriage in Spain not only offers a clear path to migratory regularization, but also allows foreign spouses to access labor rights, healthcare and stability in their new life in Spain. However, this path entails a series of formal requirements, including verification of the authenticity of the marriage, proof of cohabitation and proof of sufficient economic means.
Furthermore, it is essential to understand that marriage does not automatically guarantee residency, but rather that it is necessary to carry out an administrative procedure before the Spanish authorities. This is done to avoid marriages of convenience, with the aim of guaranteeing that the unions are genuine and not solely for the purpose of obtaining an immigration benefit.
First steps towards Spanish Residency by marriage
The first step to obtaining residency in Spain through marriage is to formalize the union legally. To do this, it is essential to celebrate the civil marriage and register it properly with the corresponding institutions.
It is important to ensure that the documentation is complete and ready for submission to the Foreigners Office. From the marriage certificate to the documents proving cohabitation, every detail counts so that the process can be carried out without delay.
Civil marriage
Civil marriage is the starting point for applying for residency in Spain through marriage. This process involves meeting certain requirements and completing the appropriate procedures.
The key steps to formalizing the marriage are:
- Registration of the marriage at the Civil Registry: Once the marriage has taken place, it must be registered at the corresponding Civil Registry office. If the marriage took place abroad, it will be necessary to request its recognition in Spain.
- Proof of cohabitation: It must be proven that the couple lives at the same address by means of a joint census registration certificate or other documentary evidence.
- Declaration of matrimonial intentions: Both spouses must confirm to the authorities that their union is real and is not solely for the purpose of obtaining migratory benefits.
- Apply for the residence card for family members of EU citizens: This document is essential to regularize the stay of the foreign spouse in Spain.
Do you want a expert consultation? Contact us and we will help you.
Residence card for marriage in Spain
Marriage to a Spanish or European Union citizen opens up the possibility of obtaining an EU family member residence card. This document allows the foreign spouse to reside and work in Spain legally, granting them rights similar to those of any other resident in the country.
However, this process is not automatic. To ensure that the union is genuine and not a marriage of convenience, the Spanish authorities have established a series of eligibility requirements and mandatory documentation that must be met. The application is submitted to the Foreigners Office, and in some cases, the authorities may request interviews to verify the authenticity of the relationship.
Below, we explain in detail the necessary requirements and the step-by-step procedure for obtaining a residence card through marriage in Spain.
Requirements and eligibility for the residence card through marriage
To apply for a residence card as a family member of an EU citizen, the applicant must meet a series of conditions established by Spanish immigration law. These requirements are designed to ensure that the marriage is legitimate and that the foreign spouse has sufficient means to reside in Spain without becoming a burden on the state.
The main eligibility requirements include:
- Proving the marital link: A marriage certificate issued by the relevant authorities must be presented. If the marriage took place outside of Spain, it must be legalized and registered in the Spanish Civil Registry before the residence application can be initiated.
- Proof of cohabitation: It must be demonstrated that the couple lives at the same address in Spain. This is accredited by means of a joint census registration certificate, which is requested from the town hall of the city where the couple resides. Other documents may also be presented, such as rental contracts, utility bills in both names or shared bank accounts.
- Financial sufficiency: Spanish or European citizens must prove that they have sufficient income to support their foreign spouse. This can be through an employment contract, an economic activity as a self-employed person or entrepreneur, or by presenting sufficient savings in a bank account.
- Health insurance: If the Spanish or EU citizen is not working or contributing to the Social Security system, they must take out private health insurance to cover the foreign spouse. This is a fundamental requirement to prevent the applicant from becoming a burden on the public health system.
Compliance with these requirements is essential for the residence application to be approved. If any of them are not met, the authorities can reject the application or request additional documentation before making a decision.
Necessary documentation and application process
To apply for the residence card for family members of EU citizens, the foreign spouse must present a series of documents to the Foreigners Office. It is essential that the documentation is complete and correctly presented to avoid delays or possible rejections.
Required documents:
- Valid passport of the foreign spouse: It must be valid and contain all the pages necessary for identity verification.
- Legalized marriage certificate: If the marriage took place outside of Spain, it must be legalized or apostilled and registered in the Spanish Civil Registry.
- Certificate of joint registration: This document proves that the couple resides at the same address and must be requested from the town hall.
- DNI or EU Citizen Registration Certificate of the Spanish spouse: This document accredits the nationality and right of residence of the EU citizen.
- Proof of sufficient funds: Depending on the case, this may include a work contract and recent payslips, a declaration of income as a self-employed person or businessman or bank statements showing a sufficient balance.
- Private medical insurance: Only necessary in cases where the Spanish or EU citizen is not working or contributing to the Social Security system.
Application process
The steps to follow for the residence card application process are as follows. Bear in mind that the process can take between one and three months, depending on the province and the workload of the Foreigners Office.
- Submission of the application to the Foreigners’ Office: The foreign spouse must make an appointment at the Foreigners’ Office in the province where they reside and present all the aforementioned documentation.
- Fingerprinting and payment of fees: Once the application has been submitted, the applicant must pay the corresponding administrative fee and go for fingerprinting for the issuance of the residence card.
- Evaluation and resolution: The Foreigners Office will evaluate the application and may request additional documentation or interviews to verify the authenticity of the marriage.
- Receipt of the residence card: If the application is approved, the foreign spouse will receive the residence card with an initial validity of five years.
Obtain residency in Spain through marriage
Obtaining residence in Spain through marriage is a structured and accessible process for those who meet the established requirements. However, it is essential to understand that the Spanish authorities carefully verify each application to avoid fraud or marriages of convenience.
Although the process may seem complex, with proper planning and compliance with each step, the path to residence in Spain through marriage can be easier than it seems.
Ready to take the plunge? Spain is waiting for you to start a new life with your partner, with stability and opportunities. Make this process the first step towards your future in the country!
Do you want a expert consultation? Contact us and we will help you.
Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.