If you have been living together uninterruptedly during more than 2 years, or the relationship has been formalized through a Notary, or there is a common child, then the law recognizes your situation as one of a civil partnership. On today’s post, we want to address the most relevant points to consider when formalizing a pareja de hecho. We will analyse the related legislation, the rights that emanate from it, and how do the different legal provisions incise depending on the autonomous community in which we are settled.
Spanish Civil Partnership Legislation
It will be of great relevance to understand the legislation related to the civil partnership. For that purpose, and as we are located in Barcelona, we will focus on the Catalan law. Under that law, El artículo 234 del Libro II del Código Civil de Cataluña (Ley 25/2010 de 29 de Julio), states that two people (whether men or women) who share a daily coexistence, prolonged in time, thus engaged in a life analogous to marriage, can be registered as a De Facto Couple (pareja de hecho).
This would be the main requirements for the fact union in Spain in 2018.
Territorial Scope and rights of the civil partnership
Just like it occurs with many laws inside the Spanish state, placing the focus in one autonomous community or in another will radically change our conclusions. That is due to the fact that many of those autonomies in Spain have been implementing their own version. And, thus, the rights of the civil partnership differ.
Nevertheless, a generality does exist. The general normative states that an individual who is a non-EU resident in a relationship with an EU citizen can get the Spanish residence permit for the long run.
Process and Steps for the constitution of a Civil Partnership in Barcelona
The process can be summarized in three key points. The steps to constitute a pareja de hecho in Spain are the following:
- Have the ID’s present. In case of being an EU citizen, the NIE could be asked for.
- Sign a declaration in front of a notary stating that you have been living together for more than a year.
- Apply for the residence permit, which is generally awarded for a period of 5 years.
While is true that the formalization of a civil union is not a complicated process, not having the help of a specialized lawyer can delay it to a large degree. This is why at Balcells Group we take care of everything for you: we manage the contractual part and we accompany you in the whole Spanish residence permit application process.
For whom is this process useful? For all those individuals that are in a long-term relationship with someone from the European Union and who also want to develop a stable lifestyle in Spain.