Are unmarried couples treated the same as married couples under the Digital Nomad Visa in Spain?
No, unmarried couples are not treated the same as married couples under the Digital Nomad Visa in Spain. While married couples can apply as a family unit, unmarried couples face additional challenges in proving their partnership to gain the same benefits. Legal recognition of the relationship, such as a registered domestic partnership, might be necessary to qualify for the same benefits.
Eligibility Requirements
The eligibility criteria for the Digital Nomad Visa focus primarily on the main applicant, who must be a remote worker for a company outside of Spain or a self-employed individual with international clients. The main applicant must demonstrate a stable income, generally around $2,500 per month, among other financial requirements.
For unmarried couples, the challenge lies in proving the legitimacy and permanence of the relationship. Spain does not automatically recognize unmarried partnerships, which means couples need to provide additional documentation. If the couple is registered as domestic partners in a jurisdiction that Spain recognizes, this can help, but it is not as straightforward as for married couples.
Application Process
The application process for the Digital Nomad Visa involves several steps: gathering necessary documents, completing application forms, and submitting these to the Spanish consulate or embassy. For married couples, the process allows the spouse to be included more seamlessly, with marriage certificates serving as proof of the relationship.
Unmarried couples must navigate additional paperwork. They need to provide evidence of a long-term relationship, such as shared lease agreements, joint bank accounts, or evidence of cohabitation. Even then, acceptance is not guaranteed, as the decision is at the discretion of Spanish immigration authorities. Having a legally recognized partnership agreement could ease the process significantly.
Legal Recognition of Relationships
Spain has provisions for legal recognition of unmarried partnerships, known as “parejas de hecho” or civil unions. If an unmarried couple is registered under such a partnership, they may receive similar benefits to those granted to married couples. However, registration needs to occur within Spain or in another jurisdiction that Spain recognizes.
Registering as a “pareja de hecho” involves presenting documentation similar to that required for proving a long-term relationship. This includes evidence of cohabitation, financial interdependence, and possibly affidavits from third parties attesting to the relationship’s legitimacy.
Financial Requirements for Couples
For married couples, the Digital Nomad Visa requires proof of financial means to support the entire family unit. In contrast, unmarried couples may need to demonstrate financial independence individually unless their partnership is legally recognized. The financial threshold increases slightly for each additional dependent, so unmarried partners might need to show higher combined income levels to satisfy the visa’s requirements.
Comparison with Other Visas
While this residency permit is ideal for retirees, the NLV is another option for those not seeking employment in Spain. However, this visa does not inherently favor unmarried couples either.
In contrast, the Digital Nomad Visa is designed for remote workers and offers a pathway for digital professionals to reside in Spain. Yet, like the NLV, it does not automatically grant unmarried partners the same rights as married couples without additional legal recognition.
Practical Considerations for Unmarried Couples
Unmarried couples considering the Digital Nomad Visa need to plan carefully. Legal advice from an immigration lawyer familiar with Spanish law can provide guidance on registering as a “pareja de hecho” or understanding other avenues to establish the relationship legally in Spain. Consulting with immigration experts can also clarify the financial and documentation requirements specific to their situation.
Furthermore, couples should be prepared for potential delays due to the additional scrutiny their applications might receive. Gathering comprehensive documentation and ensuring all paperwork is in order before applying can help minimize these delays.
For more details, check out our comprehensive guide – How to move to Spain – The Complete How To.
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