You’re in a relationship with a Spanish citizen and you want to live in Spain together. It sounds straightforward, but if you’ve started researching online, you’ve probably found conflicting information that leaves you more confused than when you started.
Here’s what actually applies in 2026.
Married or not, you qualify for the same permit
This is the part that surprises most of our clients.
Under Spain’s Immigration Regulations (Royal Decree 1155/2024), spouses, registered partners and unregistered stable partners of Spanish citizens all apply for the exact same residence permit: the Temporary Residence Authorisation for Family Members of Spanish Nationals.
Same duration: 5 years. Same right to work: from day one. Same procedure. The only difference is the documents you submit to prove your relationship.
What documents do you need?
If you are married, the key document is your marriage certificate, apostilled/legalized and officially translated into Spanish by a sworn translator.
If you have a registered civil partnership in an official registry of the EU, EEA or Switzerland, you submit the registration certificate.
If you live together without formal registration, you must prove at least 12 months of continuous cohabitation, by providing, for example, joint census registration, shared rental agreement, bank statements showing shared expenses, etc. If you have children together, the 12-month cohabitation requirement does not apply. In such cases, it is sufficient to provide a birth certificate as evidence of your shared children and, consequently, the authenticity of the relationship.
How long does it take, and can you work while you wait?
The administration has up to three months to issue a decision. However, this deadline is rarely met in practice. Not receiving a response within that timeframe does not mean your application has been rejected, far from it. The administration is still obliged to provide a decision, so you should hear back from them at a later stage.
In reality, the processing time may be shorter or longer depending on the region. In some regions such as Barcelona, Madrid, or Girona, applications often take longer than average due to higher demand.
One advantage of this type of permit is that, once your application has been accepted for processing, you will be assigned a foreigner identification number and receive a document confirming this status. This will allow you to apply for the right to work from the very beginning, even while your application is still pending. With this number, you should go to the Social Security office in your municipality and request to be assigned a Social Security number.
The biggest advantage of being married: Spanish nationality
If Spanish citizenship is your long-term goal, marriage makes a decisive difference:
- Spouse of a Spanish citizen: you can apply after just 1 year of legal residence.
- Unmarried partner: the applicable residence requirement varies depending on your nationality and may be set at 10, 5, or 2 years.
If you’re considering getting married, this single fact could save you nearly a decade of waiting.
Why this process is harder than it looks
The permit does exist, and the requirements may appear straightforward on paper. However, in practice, the process is often more complex than expected, and applications are frequently delayed or even rejected due to issues that are, in principle, avoidable. These include incorrectly apostilled or translated documents, insufficient or poorly structured evidence of cohabitation, discrepancies in names or dates across different documents, missing formalities, or reliance on outdated or inaccurate guidance that no longer reflects the current legal framework.
In addition, administrative criteria are not always applied consistently, and what is accepted in one case or region may be questioned in another. Small details that might seem irrelevant can trigger requests for additional documentation, significantly extending the timeline.
For this reason, a carefully prepared and well-documented application from the outset can make a substantial difference, often determining whether your case is resolved within a few months or becomes a prolonged process involving multiple requests, clarifications, and potential appeals that may extend well beyond a year.
Get advice before you start
At MigratioLex, we assist couples in navigating this process in a clear and structured way, minimising delays and unnecessary complications.
Through an initial consultation, we assess your specific situation and provide tailored guidance on the documentation required, the appropriate procedure, and what to expect at each stage of the application. This allows you to approach the process with clarity and avoid common pitfalls.
Our approach is practical and up to date, based on current administrative criteria rather than generic or outdated information.
📩 If you would like personalised guidance, you can contact us to arrange a consultation.
