As of December 9th 2015, foreigners in long-term relationships with Spaniards, citizens of other EU Member States, or citizens of the European Economic Area will be able to apply for EU family member reunification.
The EU Community regime regulations state that foreigners have the right to regroup their EU citizen family members in Spain. As of December 9th, this list will not only include the EU citizen´s spouse or registered partner, but also his non-marital partner.
What are the differences between a registered partnership and a long-term non-marital partnership?
When citizens officially register their partnership in a local or autonomous Public Partner Registry or Civil Union Registry, then it is considered a registered partnership. A long-term non-marital partnership is one that is not registered in any civil union nor marriage registry but one that is considered to be a valid long-term relationship.
In which cases can we regroup our un-married non-registered partner?
The new article 2.bis of the Community Regulation (240/2007) states that a Spanish citizen or a citizen of the EU community may regroup their partner when evidence of a maintained relationship is provided, in accordance with the regulations established in subsection paragraph 4.b) of this article. You must be able to prove that your relationship is long-lasting meaning that both partners have lived together for at least one consecutive year, except in cases where they have children in common, in which case ample proof of a stable and harmonious cohabitation will be required.
Under what circumstances can we regroup our un-married non-registered partner?
Below we have laid out those cases in which one may regroup their non-registered partner:
1. Partnerships between a foreigner and a Spaniard or any other EU citizen that can provide proof of relationship for many years (long-lasting relationship). Evidence provided is very important. You may provide evidence such as: photos, shared bills, municipal registry registration, shared bank account statements, emails, whatsapp messages, etc.
2. Partnerships between a foreigner and a Spaniard or any other EU citizen that have lived together for more than one year. Proof of existence of relationship and cohabitation during this period of time will be sufficient evidence in this case.
3. Partnerships formed between a foreigner and a Spaniard or any other EU citizen that have a child in common. In this case it will not be necessary to provide evidence of a long-lasting relationship, rather provide proof that the two individuals are a couple and that the child belongs to both of them (many of you who have applied for an arraigo familiar would fall under this category).
4. Marriages between a foreigner and a Spaniard or any other EU citizen celebrated outside of Spain. The fact that the marriage was celebrated outside of Spain is very important as it works as proof of a stable relationship, however, the law states that proof must also be provided of the relationship duration, proving that it is one that is long-lasting. It is important to keep in mind that in this case the marriage should have taken place a good amount of time before applying for this family reunification.
Even though we could go into further detail about other specific cases, the common denominator in all possible scenarios is the provision of evidence of a stable and long-lasting relationship.
1. The law does not necessarily require previous cohabitation, however, when you apply for the EU citizen family member residence card, it is mandatory that you live together.
2. Proof of relationship stability must be provided by the applicant. He or she may provide evidence using any means valid in law, fundamentally documentary evidence. In this case, all types of documentary evidence are valid. It can be public documentation such as shared property titles, or private documentation such as a private family health insurance policy. Witness testimonies which attest to a valid relationship from friends, family members or people of certain relevance (a town mayor, community president, etc.) are also valid. Any other type of supporting documentation such as photographs, threads of whatsapp messages or even videos from holidays shared together is valid.
3. Even though the law does not require the EU citizen to economically provide for the foreigner, source of livelihood plus medical insurance must be provided at the time of the appointment.
4. In the event that the couple resides outside of Spain, then the foreigner will be entering the country as an EU citizen family member. If the foreigner originates from a county that requires a short-stay visa to enter Spain, he or she must request the community regime visa accrediting his or her relationship with a citizen from the European Union. If the foreigner is permitted to enter the country without a short-stay visa, then he or she can enter directly as long as he or she shows documentation accrediting his or her relationship with a Spaniard or EU citizen.
We hope that this article has been helpful. If you have any doubts, please use our telephone advisory service. We would love to help you out.
Translated by: Katherine Pascal