De facto partner of EU national

Partner National

If you, an EU national, have been living with your partner, a non EU national, in a stable and continuous way, he/she is entitled certain rights as your De Facto Partner or “Parejas de Hecho”. Despite the fact that you may not have registered your partnership, the Spanish Law foresees certain rights regarding cohabitation, inheritance, maintenance following a separation, etc. including the right to apply for family reunification process. If you move with your partner to an EU country, that country should facilitate his/her entry and residence provided that you can demonstrate you live together or you are in a long-term relationship.

Our current legislation established that a De Facto Couple is a stable union between two people living together (at least 12 consecutive months) but not joined by marriage. For immigration purposes a person may be considered a De Facto Partner of another person provided that:

  • Both individuals are in a relationship either heterosexual or homosexual.
  • They live a stable and long-lasting life.
  • The existence of common interests in the development of a family life.
  • They live together or do not live separately and apart most of their time or in a permanent way.

When coming to Spain, there are different documents that you must submit to prove that such relationship exists. Our Law Firm is ready to help you through the entire process and to sort out the existing complexities that may arise in connection therewith. In this case, you, the sponsor or EU national, may demonstrate your relationship by submitting the following:

  • Bank contracts such as common bank accounts, credit cards, etc.
  • Contracts with third parties such as sales of properties, leases contracts, etc.
  • Private contracts.
  • Their common domicile for tax purposes and their common registration with the town council.
  • Their common children.
  • The Social Security card where one of the individuals is recognized as beneficiary.

This legal protection that the current Spanish Legislation grants to unmarried couples is particularly important for same-sex couples. Not all EU countries allow people from the same sex to get married or register their partnership in any way.

To establish a De Facto Partnership, it is required that such relationship is registered in the corresponding Registry of de Facto Couples or Stable Union. It is important to mention that Spanish Consulates are not entitled to complete this type of registration. If you are looking to come to Spain in order to start a new life, our immigration attorneys can help you and your non EU national partner meeting all the legal requirements to do so.

If you wish to apply for family reunification for a De Facto Partner, you should fulfill the same requirements as a married couple. However, keep in mind that you, the sponsor or UE national, must prove to any extend that such relationship has existed for a long time prior to the start of the application process for reunification. The same regulations apply when issuing a residence permit.

Please remember that all supporting documentation issued by a Foreign Authority must be duly legalized and translated into Spanish by a certified public interpreter. Most of the Spanish Consulates or Embassies have a list of them.

Before bringing your partner to Spain, contact our Law Firm and request our services and we will carefully analyze and discuss your case with one of our Spanish Immigration Attorneys.

If you need legal assistance in the event of termination of the relationship for death or break up, contact us for our group of attorneys specialized in Civil Law will offer you the best possible assistance as well.

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