Is it possible to register your civil partnership in Spain while in an illegal status? This is undoubtedly one of the most frequently asked questions by all those foreigners who either enter Spain to obtain their residency, or ended up in an irregular situation after the expiration of their permit; but who have the intention of applying for a family member of an EU citizen card to stay in Spain for the long run.
In this article you are about to discover how to register your civil union even if you are NOT in legal status (with a valid permit), including the complete list of detailed requirements that you will have to meet.
How to register your civil partnership in an irregular situation
The first thing we must clarify is the main requirements you must meet in order to register your civil partnership (something we discuss in greater detail in this other article).
In that sense, there are just 3 main requirements:
- Be able to demonstrate a minimum period of cohabitation with your partner at the same address (something you can prove with the padrón)
- Demonstrate a minimum period of residence (not necessarily legal) in the municipality where you are going to register the union
- Provide a document that identifies yourself (basically, your passport)
The exact times to demonstrate in requirements 1 and 2 will depend on the different civil partnership (“pareja de hecho”) laws in your region or Spanish autonomous community. Since there is no unified regulation for the whole of Spain, regional laws apply here.
And these regional laws can vary greatly.
That is to say, the minimum times required in each case will vary, to the point that even NO minimum time of living together or residence in the municipality is required. You will need to consult the regulations or an experienced lawyer to know the requirements that apply to your case in detail.
However, as you can see, there is no requirement that refers to your legal status. That is, you will simply need to identify yourself (through your passport) and if you meet the other two requirements, you will be able to register your domestic partnership even if you are in an irregular situation.
There will be no Registry of Civil Partners in Spain that can prevent such registration given your status.
This, undoubtedly, is a great advantage for any non-EU foreigner wishing to move to the country, and in the following section you will discover why.
Advantages of registering your civil partnership if you are under an illegal status
The civil union is one of the most advantageous ways for any foreigner from outside the EU to obtain residence in Spain.
Because, if this partnership is registered with an EU citizen, they will automatically have access to a residence and work permit for 5 years: the family member card.
Thus, one of the aspects that makes this procedure so advantageous is the possibility of completing it in an irregular situation.
This means that if, for example, you entered Spain as a tourist and exhausted your 90-day period, you can register your civil union (as we have seen, in an irregular situation) and then complete the whole EU family member card application without the need to return to your country of origin.
Or, on the other hand, if you were the holder of a Spanish residence permit that has expired, you can also register your legal partnership and apply for residence as a family member of an EU citizen.
All this while you are in an irregular situation.
As you can see, it is not necessary to prove legal status in order to successfully complete the registration of the union, and this undoubtedly makes the process much more agile.
However, you will still have to pay attention to the rest of the requirements to be able to enjoy a successful process, which vary depending on the region you are in.
And that is when the need arises to have a team of expert lawyers who can guide you step by step.
In Balcells Group we can help you both in the registration of your civil partnership and in the processing of the community card. We will accompany you step by step to clear all your doubts and guarantee an easy and worry-free process.
Start today by scheduling a meeting with us!
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