Can I Apply for Residency for My Common Law partner?

The law of freedom of movement (Spanish royal decree) of 2007 only allowed for residence to be applied for by a partner by marriage or by a de facto partnership (pareja de hecho) that was registered on a register in a EU country. There was an amendment to the article in late 2015. The legal change now ensures that you can apply for residence for your EU and non EU partner. You must be able to prove you live together or that you are in a long-term relationship unless the couple have children which should serve as proof. The partner does not need to prove income in his/her own right but that the partner is able to support his/her spouse. This includes medical cover.

This modification to law is welcomed as so many couples are in a non traditional union. The law does not mention same sex couples but would have to also include these unions.

We expect that many civil servants may not be aware of the changes. Should any citizens have a problem with an application for a non registered partner, they should contact an adviser at the Citizens Advice Bureau.

NOTE* Adding a link from your Europe which strengthens the information provided by CAB Spain on de facto partnerships and residency.

Unmarried Couples

Unmarried Couples in Spanish

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.