Can my girlfriend apply for a family reunification visa if we’re not married?

 

No, your girlfriend cannot apply for a family reunification visa in Spain if you are not married or in a legally recognized partnership. The family reunification visa in Spain is specifically intended for spouses, children, and dependent parents of legal residents. However, there may be other visa options available for your girlfriend to explore.

Eligibility Requirements

Family reunification in Spain is governed by strict eligibility criteria. It applies to foreign nationals who are legally residing in Spain and wish to bring their immediate family members to live with them. Under Spanish immigration law, immediate family members typically include the spouse, children under 18 years, and dependent parents. For a girlfriend to qualify, the relationship must be formalized either by marriage or through a legally recognized civil partnership.

Spain recognizes civil unions or “pareja de hecho,” which can be an alternative for unmarried couples. However, this recognition is only valid if the partnership is registered in Spain or another jurisdiction that Spain acknowledges. Therefore, couples considering this path should ensure their partnership is legally documented to qualify for family reunification.

Application Process

The application process for a family reunification visa involves several steps and requires meticulous documentation. Firstly, the Spanish resident must apply for the reunification of their family member at the Immigration Office in Spain. This involves proving financial stability, adequate housing, and the legitimacy of the familial relationship.

Once the resident’s application is approved, the family member must apply for a visa at the Spanish consulate in their home country. The application should include the approved reunification authorization and additional documentation such as a valid passport, proof of family ties, and any other required legal documents. The process can take several months, so planning ahead is crucial.

Alternative Visa Options

For couples who are not married or in a legally recognized partnership, other visa options might be worth considering. One option is the NLV, which allows individuals to reside in Spain without engaging in a professional activity. This could be suitable for those with independent financial means.

Another viable alternative is the Spain DNV, designed for remote workers who can perform their job duties from anywhere in the world. This visa caters to individuals who work for companies outside Spain or own a business that does not require a fixed location.

Comparison with Other Visas

While the family reunification visa is specifically for family members of legal residents, other visas like the Spain DNV cater to individuals with different needs. For example, the digital nomad visa is ideal for those who work remotely, offering flexibility not tied to familial status.

On the other hand, the NLV is suited for retirees or individuals who can support themselves financially without needing to work in Spain. Each visa type serves distinct purposes and comes with its own set of requirements and benefits.

For more details, check out our comprehensive guide – Visa options for Spain.

Got questions about living in Spain? Get in touch or chat with us on Zoom to find the best visa route for your move.

David Poole is a South African entrepreneur and businessman, and founder of Consult Immigration.