by Is it possible to become a de facto couple while in an irregular situation in Spain? This is a question that you ask us so much through our advice phone as through our social networks, and that is why we want to talk a little about the subject.
Vicente Marín, expert lawyer in Immigration and Nationality law and director of Paraimmigrantes.info, explains it to us in detail in the following video:
Since the publication in 2007 of the Royal Community Decree, the figure of the de facto couple became very important since thanks to this Registration as a couple in a Public Registry we became a direct family member of a community or Spanish citizen, and therefore it was now possible to apply for the Community Family Member Residence Card. . And the fact is that marriage and registered de facto couple are two comparable figures in terms of obtaining a residence card in Spain.
If you want to do any Immigration procedure or if you want to present your Spanish Nationality Application, we have a team of experts in the matter. Fill out this contact form and we’ll call you to get started with everything as soon as possible.
Spanish couple in Spain
Registration as a de facto couple in Spain is a figure similar to marriage. Thanks to these Public Registries, both members of the couple are registered, thus constituting a family unit.
As we say, it is a figure similar to marriage, but with different obligations and rights.
Register as a de facto couple in Spain
Today, unlike what happens with the figure of marriage, which is regulated through the Civil Code, and therefore the requirements and procedure are identical throughout Spain, the registration of de facto couples is regulated by each Autonomous Community. .
This means that depending on the Autonomous Community you are in, the requirements, documentation and procedures are different.
For this reason, and in response to the question we asked at the beginning of the article, whether it is possible to become a de facto couple while in an irregular situation, we will answer that it depends. It depends on the city where you are.
Yes, a priori, we could say that you will be able to register as a de facto couple being irregular since in the majority of cities or Autonomous Communities it is possible, but it may be that there are autonomous communities that require legal residence in Spain or additional requirements to to be able to register as a de facto couple.
Requirements to register as a de facto couple
As we have commented throughout this article, there are no common requirements and procedures for all of Spain, but rather each Autonomous Community establishes its own.
Here we leave you a list of the bodies that process the Registration of a Domestic Partner so that you can consult the requirements and procedures:
Frequently Asked Questions for Domestic Partner Registration
We also leave you a list of frequently asked questions regarding the Registration of a Domestic Partner in Spain:
Does being in an irregular situation affect when it comes to becoming a de facto couple?
Currently, the reality is that finding yourself in a situation of irregularity It does not pose any problem when it comes to establishing or becoming a de facto couple. At least that is how it is in the vast majority of autonomous communities and municipalities in Spain.
Identification problems when registering as a de facto couple
The main problem we encountered when registering as a de facto couple was proving the identification of the person who was irregularly in Spain. And the officials demanded the physical card to identify the person, when in reality they should ask for the person’s passport, which is actually your identification document.
How to become a de facto couple without having papers (or having them)?
In light of the above, It is necessary to prove an identity requirement more than to prove a regularity requirement.
Therefore, today The vast majority of foreigners in Spain can become a de facto couple if they have a partner here in our country. And that de facto couple can be registered regardless of whether they have papers or not.
Can you get residency in Spain after registering as a de facto couple?
Indeed. In fact, It is a preliminary step in many cases to be able to obtain residency, especially when many foreigners are in an irregular situation and have a Spanish or community partner.
The fact of Registering as a de facto couple is a way to regularize the status of a couple in a legal way, in the same way as in the case of getting married. Becoming a de facto couple is an act that provides a legal perspective to your personal situation.
Can I apply for a community card after registering as a de facto couple?
Yes. If the registration of the de facto couple is done with a Spanish or community citizen, you will become a direct family member and therefore you will be able to process the Community Family Member Residence Card.
We leave you here the requirements and documents to process the famous Community Card.
Advantages of registering as a de facto couple
In fact, the majority of foreigners who become a de facto couple do so while being in an irregular situation because It is an easy way to regularize your situation through your status as a family member of a Spanish citizen or any other community citizen.
They register their common-law partner and become a family member of a citizen of the European Union, obtaining interesting advantages. Therefore, they will be able to benefit from the possibility of process your five-year community card with which they acquire also the right to be able to work in Spain.
If you want to do any Immigration procedure or if you want to present your Spanish Nationality Application, we have a team of experts in the matter. Fill out this contact form and we’ll call you to get started with everything as soon as possible.
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