Moving to Spain With Your Spanish Spouse or Partner: The Complete 2026 Guide

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You married a Spaniard, or you are about to. The wedding was the easy part. Now you are reading five websites that say five different things about how you actually get to live in Spain together.

Here is the short version: as the spouse of a Spanish national you have one of the strongest residence permits Spanish law offers. Five years, the right to work from the start, and a fast track to Spanish nationality. The file just has to be right.

Royal Decree 1155/2024 Arts. 93 to 97 Updated 2026
5 yearsValidity of the permit
Day 1Provisional right to work once admitted
2 monthsLegal deadline for a decision
1 yearOf residence to apply for nationality

One Permit for Spouses and Partners

Since May 2025, spouses, registered partners and stable partners of Spanish nationals all apply for the same permit: the residence authorisation for family members of Spanish nationals (Royal Decree 1155/2024). What changes is how you prove the relationship.

Married

Main proofMarriage certificate, apostilled and translated If married abroadRegister the marriage in the Spanish Civil Registry NationalityAfter 1 year of residence

Registered or stable partner

Main proofPartnership registration, or 12 months living together With a child in commonNo minimum cohabitation NationalityThe general rule for your nationality (2, 5 or 10 years)

If you are not married, our guide for unmarried partners of Spanish nationals explains how to prove the relationship step by step.

Related Guide Spanish Residency as an Unmarried Partner of a Spanish National Read more →

How the Application Works When You Are Both in Spain

  1. File at the Immigration OfficeEither of you can file, with the Spanish spouse’s ID, the marriage certificate and a declaration that no other spouse lives with them.
  2. Provisional right to workOnce the file is admitted, you can live and work in Spain while it is decided.
  3. Answer any request within 15 daysMissing documents are requested once, with a short deadline.
  4. Decision within 2 monthsIf there is no answer after two months, the law treats the application as refused, and you can appeal.
  5. TIE card within 1 monthBook your fingerprint appointment within a month of the approval.

If you live abroad, your Spanish spouse can file from Spain and you then collect the visa at the consulate. The procedure is free of government fees and has priority processing.

Example

Michael, from Chicago, married Carmen in Las Vegas. Before applying, they registered the marriage through the Spanish consulate, so it appears in the Spanish Civil Registry. He filed in Madrid, started working while the file was pending, and after one year of residence he can apply for Spanish nationality.

Why Marriage Speeds Up Nationality

Years Until You Can Apply for Nationality

Legal residence required, article 22 of the Civil Code

Spouse of a Spaniard
1 year
Unmarried partner from Latin America
2 years
Unmarried partner, most other nationalities
10 years

For a US, UK or Canadian partner, marriage can mean applying for nationality nine years earlier. Our guide to dual citizenship in Spain explains what happens to your current passport.

Why This Process Is Harder Than It Looks

  • A foreign marriage certificate without apostille or sworn translation.
  • Names or dates that do not match across passport, certificate and census.
  • Forgetting the Spanish spouse’s declaration that no other spouse lives with them.
  • Waiting indefinitely after two months of silence, when legally it counts as a refusal.
  • Not registering a marriage celebrated abroad in the Spanish Civil Registry when it is needed.

The wedding already proved the relationship to the people who matter. Now the file has to prove it to the Immigration Office, in the format it expects, the first time.

Talk to a Lawyer Before You File

If you want the application to go through without requests or delays, that is exactly what a consultation is for. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.

Book Your Initial Consultation

This article is for informational purposes only and does not constitute legal advice. Based on Royal Decree 1155/2024, articles 93 to 97, in the wording in force in 2026, and article 22 of the Spanish Civil Code. The example is illustrative.

Picture of Raquel Carmona Flaquer

Raquel Carmona Flaquer

Immigration and Commercial Law Attorney ICAFI 829

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