What does Spain consider a “stable relationship” for visa purposes?

 

Spain defines a “stable relationship” for visa purposes as one where two individuals, either of opposite or same sex, have a recognized partnership akin to marriage, often substantiated by a civil union or domestic partnership registration. This status is crucial for non-EU nationals seeking residency through family reunification or accompanying a partner who holds a Spanish visa. Demonstrating this stability typically involves providing legal documents that certify the partnership’s legitimacy and longevity.

Eligibility Requirements

For Spain to consider a relationship stable, several eligibility criteria must be met. First, the couple must have been together for a significant period, typically at least one year, although this can vary depending on individual circumstances and local regulations. Furthermore, the relationship should be legally recognized in the couple’s home country, or they should have registered their partnership in Spain.

Proof of cohabitation is also essential. This can be demonstrated through shared rental agreements, joint bank accounts, or utility bills showing the same address. Additionally, both partners must be of legal age and not be in a registered marriage or partnership with another person. It is crucial for applicants to gather and present substantial evidence of their relationship’s stability, as this will be scrutinized during the visa application process.

Application Process

The application process for proving a stable relationship in Spain involves several steps. Initially, applicants must gather all necessary documentation that supports the legitimacy and stability of their relationship. This includes civil union certificates, proof of shared residence, and any other documents that can substantiate the partnership’s authenticity.

Once the relevant documents are prepared, the couple must submit their application to the Spanish consulate or immigration office, depending on whether they are applying from outside or within Spain. This often involves completing specific forms and paying applicable fees, which can vary but typically range from $75 to $150.

During the application review, immigration officials may conduct interviews or request additional information to verify the relationship’s stability and authenticity. Once approved, the non-EU partner can obtain a residence permit that allows them to live and work in Spain, aligning with the visa type their partner holds, such as the Spanish NLV.

Documentation Required

To support a claim of a stable relationship, applicants must provide comprehensive documentation. Essential documents include a certified copy of the civil union or domestic partnership registration. Additionally, evidence of cohabitation, such as joint leases or utility bills, is required.

Financial documents demonstrating shared responsibility, such as joint bank statements or shared insurance policies, can further substantiate the relationship’s authenticity. Other personal documents, like photographs, travel itineraries, and communication logs, can also be used to prove the relationship’s longevity and commitment.

All documents must be officially translated into Spanish if they are not already in the language, and some may require legalization or an apostille to be considered valid by Spanish authorities.

Legal and Financial Implications

Establishing a stable relationship for visa purposes in Spain carries certain legal and financial implications. Legally, registering a partnership can affect tax obligations and entitlements under Spanish law, akin to marriage. Couples may benefit from joint tax filing and inheritance rights, similar to married couples.

Financially, both partners should be prepared to demonstrate sufficient funds to support their life in Spain. This may include proof of income, savings, or sponsorship declarations from the working partner. The financial threshold can vary depending on the visa type and individual circumstances, with requirements often mirroring those of the Spanish Remote Working Visa.

Challenges and Considerations

While establishing a stable relationship for visa purposes can facilitate residency in Spain, there are challenges to consider. The process can be bureaucratic and time-consuming, requiring meticulous attention to documentation and compliance with Spanish regulations.

Furthermore, couples should be aware of the potential for scrutiny during the application process. Immigration officials may seek to verify the relationship’s authenticity through interviews or additional documentation requests. As such, applicants must be well-prepared and organized to navigate these challenges successfully.

In cases where the relationship ends, the non-EU partner’s residency status may be jeopardized, necessitating a change in their visa type or risk of deportation. Therefore, couples should consider these implications and explore alternative residency options if needed.

For more details, check out our comprehensive guide – Living in Spain as an Expat – The Complete How To.

Need help moving to Spain and not sure where to start? Contact us today or set up a Zoom consult and we’ll help you explore your options.

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