Becoming married and having a residence permit in Spain, or becoming pareja de hecho or pareja estable and having a residence permit. Cases and procedures
Becoming married and having a residence permit in Spain
In Spain, once you become a relative of a legal residence person, you have also migration rights, or the other way around, you transfer your migrations rights to your new couple (married, Pareja de Hecho or Pareja estable).
Depending on your nationalities you may have access to difference situations. However, in all cases means going through an administrative procedure.
Couple EU citizen
If one of you is an EU citizen with a legal residence in Spain and the other not: The non EU citizen have the right to live and work (regular worker or free-lance) in Spain for the next 5 years.
The EU citizen should have the certificado de ciudadano de la Unión Europea (NIE card, green paper without a photo) and you will have to apply for residencia para familiares de ciudadanos de la Unión Europea.
If both of you are EU citizens, you both are under the certificado de ciudadano de la Unión Europea procedure, but you can submit documents from you couple to prove your economical means.
Couple non EU citizen
If both of you are non EU citizens but at least one of you do have a legal residence, it is possible that you are eligible for three types of residency.
- If you are currently living outside of Spain and your couple (only by marriage or Pareja de Hecho and just in some cases Pareja estable) has a residence permit already renewed (not valid first year of residence) and have economical means. The procedure will be: reagrupación en regimen general. This residency entitles a residence and work permit like the one your couple already has.
- If the last 3 years you were living in Spain and right now you don’t have legal residence but your couple (only by marriage or Pareja de Hecho, in some cases Pareja estable)do has legal residence and economical means, you can apply for the residencia en circunstancias excepcionales. This residency entitles a one year residence permit but not a work permit.
- If your couple (only by marriage, Pareja de Hecho or Pareja estable) is under the law of entrepreneurs (High Skilled workers, Entrepreneurs, Investors, IntraCompany), you will be able to apply for the residence permit from outside of Spain or from within even if you are a tourist (but you must be still on the 90 days). This residency entitles a residence permit like the one your couple has and allows you to work as a regular worker or freelance.
If are in any of these situations already or you are about to start the procedure and want to prepare your application properly, you can contact us and in the consultation we can study your case.