Application for Civil Partnerships in Spain

Here we explain in detail what a civil partnership is, how it differs from marriage, the requirements and steps to register it in Spain, and how to obtain residency in Spain after registering your civil union. Let’s get started!

What is a Civil Partnership in Spain?

A civil partnership, or pareja de hecho, is a legal agreement that recognizes a stable union between two people living together. Although often confused with marriage, the civil partnership visa in Spain is less binding in terms of property and legal matters. It is also a common pathway for non-EU citizens to obtain residency in Spain.

Benefits of Registering a Civil Partnership in Spain

Beyond strengthening the relationship legally and emotionally, this type of union offers practical benefits. For instance, the process is faster and less complex than marriage, and it provides the possibility of obtaining residency in Spain. For non-EU nationals, becoming a civil partner of a Spanish or EU citizen allows them to apply for a community card, a 5-year residence permit that grants the right to live and work legally in the country.

Below is a summary of the requirements needed to process residency through a civil partnership:

• Full health coverage, either through Social Security if employed or with private health insurance.
• Proof of legal union with a Spanish or EU citizen, by presenting the civil partnership registration certificate.
• Sufficient financial means, amounting to €627.13 per month or €8,779.82 per year. This can be demonstrated with a work contract or bank account funds.

Requirements for Registering a Civil Partnership in Spain

It is important to note that the requirements for registering a civil partnership may vary by Autonomous Community. In some regions, a minimum cohabitation period of 1 or 2 years is required; in others, simply being jointly registered at the same address is sufficient.

General Requirements:

• Both partners must be single and not married to third parties.
• Both must be of legal age.
• They must be registered as living together at the same address.
• Provide valid identification documents (DNI or passport).
• If a minimum cohabitation period is required, evidence must be provided.
• In many Autonomous Communities, the civil partnership registration can still be completed even if one partner is undocumented.

Civil Partnership with a Foreigner in Spain

One of the main advantages of registering a civil partnership with a non-EU citizen is that it allows them to apply for a 5-year residence permit, which authorizes both employment and self-employment.

Process for Registering a Civil Partnership

Civil partnerships must be registered with the Registry of Stable Unmarried Partnerships in the corresponding Autonomous Community. There are two ways to register:

1. Through a Notary:
   This option is fast and generally does not require a minimum cohabitation period. An appointment must be scheduled, and both partners must express their intent to form a civil partnership through a notarial act or deed.
2. Registry in the Autonomous Community:
   Registering directly with the regional registry may require a minimum cohabitation period and joint registration at the same address. The presence of two witnesses is also required.

After registration, the official certificate is sent to the couple’s address within approximately 7 days.

Required Documentation for Civil Partnerships in Spain

Documents Required to Register a Civil Partnership

• Identification Documents: Passport, NIE, or DNI of both parties.
• Birth Certificate: Literal copy for both partners.
• Certificate of Civil Status: Confirming that both are single or divorced.
• Divorce or Annulment Decree: If either partner was previously married.
• Family Book: If the couple has children together.
• Joint Certificate of Residence: Confirming cohabitation.
• Completed Registration Form.
• Economic Agreement (optional): If the couple wishes to establish financial arrangements.

Note: Foreign documents must be apostilled and translated into Spanish to be valid in Spain.

Can the Registration of a Civil Partnership Be Denied?

Yes, there are specific reasons why the registration of a civil partnership may be denied. The main reasons include:

• Unemancipated minors: Registration is not valid for minors who are not independent of their parents or legal guardians.
• Informal separation from a previous partner: Individuals who ended their joint cohabitation with a former partner but lack a formal judicial separation cannot register a new partnership until the prior union is legally dissolved.
• Previous registration in another community or with another person: If one of the members has a registered partnership with another person or in another community, the previous registration must be canceled before entering a new one.
• Kinship up to the third degree: The partnership cannot be registered between relatives up to the third degree, such as parents, children, grandparents, grandchildren, uncles, or nephews.
• Convenience registration: If the partnership is suspected to be solely for benefits, such as residency for a foreign citizen, it may be denied as a sham partnership.

Causes of Dissolution of a Civil Partnership

A civil partnership may be dissolved for several reasons, including:

• Death of one of the partners.
• Mutual agreement between both parties, notified to the registry.
• Unilateral decision by one partner, formally communicated to the registry.
• Separation for a period exceeding six months.
• Marriage of one of the partners to another person.

Key Differences Between a Civil Partnership and Marriage in Spain

The main distinctions between civil partnerships and marriage in Spain lie in the level of legal protection, rights, and obligations each status entails:

• Ease of Registration and Dissolution: Civil partnerships are generally easier to register and dissolve, often requiring just a declaration from both parties at the civil partnership registry or before a notary. Marriage, on the other hand, requires a judicial divorce process, which can be longer and more complex.
• Legal and Property Protection: Marriage provides a more comprehensive legal framework, including automatic economic rights and duties, such as community property or separate property regimes. Civil partnerships do not have a predetermined property regime; partners must sign a specific agreement during registration if they wish to regulate joint assets.
• Inheritance Rights: In marriage, the surviving spouse automatically has inheritance rights unless a will states otherwise. In a civil partnership, the surviving partner does not have direct inheritance rights unless explicitly outlined in a will.
• Survivor’s Pension: Married spouses are entitled to a survivor’s pension regardless of how long they were married. In civil partnerships, the surviving partner must meet specific requirements, such as a minimum of 5 years of cohabitation, 2 years of registered partnership, and an income limit.
• Maintenance Obligation: After separation, married individuals can request spousal support if one partner is economically disadvantaged. In civil partnerships, maintenance obligations only apply if stipulated in an agreement signed by both parties.
• Right to Spanish Nationality: Marriage enables a non-EU citizen to acquire Spanish nationality more quickly, after one year of marriage and cohabitation with a Spanish citizen. Civil partnerships do not offer direct access to nationality but allow residency in Spain.

Application for the Community Family Residence Card por pareja de hecho

Steps to Obtain Residency Through a Civil Partnership

Once a civil partnership is registered with a notary or the corresponding autonomous community, the non-EU citizen gains a legal bond with an EU or Spanish citizen, allowing them to apply for the community family residence card in Spain. The next step involves submitting the application at the immigration office.

Step-by-Step Process to Obtain Residency Through a Civil Partnership

1. Entering Spain

If the non-EU citizen does not require a visa to enter Spain, they can arrive as a tourist and reunite directly with their EU or Spanish partner.If a visa is required, the individual must apply for a community family visa at the Spanish consulate in their country of origin.

Required documents for the visa application:

• That you have an affective relationship with your partner in Spain.
• That the partner is a citizen of the EU.
• That there is the intention to live together in Spain.

2. Registering the Civil Partnership with a Notary

Once in Spain, the non-EU citizen has three months to formalize the civil partnership registration. If the process is delayed, the individual can remain in Spain even in irregular status while awaiting resolution.

Options for registration:

• Register the partnership in Spain or another EU country (recommended for ease of process).
• Register the partnership outside the EU, ensuring the certificate is validated in Spain.

Applying for the Community Residence Card: After registering the partnership, the non-EU citizen can apply for the residence card.

Processing Time and Next Steps

Once the application is submitted, the resolution process may take up to 3 months (or even 5–6 months in cases of delays). Upon approval, the non-EU citizen must:

1. Visit the immigration office to provide fingerprints.
2. Collect the residence card approximately one month later.

The residence card is valid for 5 years.

Frequently Asked Questions About Civil Partnerships in Spain

1. What happens if I am in irregular status? The initial deadline to complete this process is 90 days, equivalent to a tourist visa’s validity. However, delays in resolution may result in temporary irregular status. This does not affect the outcome, as submitting the application allows the process to continue.
2. Can I obtain nationality through a civil partnership? While registering as a civil partner does not directly grant Spanish nationality, it facilitates the process. Residency obtained through a civil partnership reduces the waiting period for applying for nationality through residency.
3. Can the registration of a civil partnership be denied? Yes, registration may be denied if either partner does not meet the age, civil status, or residency requirements. Adhering to the specific regulations of the autonomous community is essential to avoid complications.
4. What is the economic framework for a civil partnership? A civil partnership does not automatically impose an economic framework. Partners can sign an agreement to regulate their financial relationship. This is optional and allows the couple to define mutual economic rules.
5. Is there a survivor’s pension in a civil partnership? Yes, civil partners are eligible for a survivor’s pension if the partnership is duly registered and additional requirements are met, such as proving economic dependency on the deceased in recent years.
6. What is required to form a civil partnership in Spain? To register a civil partnership in Spain, you must:
   • Be of legal age.Be unmarried.
   • Demonstrate stable cohabitation with your partner through documents such as joint registration of residence.
   • Provide identification (DNI, NIE, or passport), a certificate of single status, and other documents based on the autonomous community’s requirements.
7. What is a civil partnership? A civil partnership is a legally recognized union between two people who live together stably without being married. It grants rights similar to marriage, such as inheritance or residency permits, depending on the region’s laws. Formalizing the partnership requires registration and meeting specific criteria, such as proving cohabitation.