You have shared a flat, a bank account and two years of your life with someone who holds a Spanish passport. There is no wedding certificate in the drawer. Now you want to move to Spain together, and you are wondering whether that missing certificate is going to stop you.
It will not. Marriage is not a legal requirement to live in Spain as the unmarried partner of a Spanish national. What decides the outcome is how well you prove the relationship, and that is exactly where most unmarried couples fail.
The Rules Changed in May 2025, for the Better
Since 20 May 2025, the family members of Spanish nationals have their own residence permit under the new immigration regulation, Royal Decree 1155/2024 (articles 93 to 97).
For unmarried couples this matters because article 94 names three separate ways to qualify, and only one of them requires a registry.
Three Ways to Qualify as an Unmarried Partner of a Spanish National
Registered Partner
What you needA partnership registered in the EU, EEA or Switzerland Key conditionRegistration still active and not fraudulent StrengthThe closest to marriageStable Partner
What you needAt least 12 continuous months living together Key conditionCohabitation inside or outside Spain StrengthThe most common route, and the most demanding to proveChild in Common
What you needA child together and an ongoing relationship Key conditionNo minimum cohabitation period StrengthThe cleanest file to documentThese three situations are incompatible with each other: you apply under the one that fits you, not all three at once.
What the Residence Permit Gives You
- Five years of residence, or the length of your partner’s stay in Spain if shorter
- The right to work as an employee or self-employed, anywhere in Spain, with no extra paperwork
- No labour market test and no minimum income listed among the specific requirements
- Your own right to bring family members to Spain later
How to Apply: Three Scenarios
Where each of you is when you apply decides who files and where:
- Your Spanish partner lives in Spain, you live abroad: your partner files at the Immigration Office, and you then collect the visa at the Spanish consulate.
- You both live abroad: you apply for the visa at the Spanish consulate before moving together.
- You are both already in Spain: either of you can file at the Immigration Office, even if the foreign partner’s stay is currently irregular.
This last scenario is the most common among our clients. This is how it unfolds:
- File at the Immigration OfficeWith the Spanish partner’s ID, the declaration that no other partner lives with them, and your relationship evidence.
- Provisional right to workOnce the application is admitted, you can live and work in Spain while it is decided.
- Answer any request within 15 daysIf something is missing, the office gives a maximum of 15 days to fix it. Missing that deadline closes the file.
- Decision within 2 monthsIf there is no answer after two months, the application is considered refused (negative silence).
- Collect your TIE cardBook your fingerprint appointment at the police station within one month of the approval.
Proving 12 Months Together: How Evidence Is Weighed
A signed statement saying “we live together” is not proof. Caseworkers look for the same address appearing in documents from sources you do not control, consistently, over time.
Private contracts
Lease in both names Utility bills at the same address Joint insurance policiesBanks and finances
Joint account or card Recurring transfers for rent and bills Statements showing the same addressPublic authorities
Padrón or foreign address registration Residence permits naming the partner Tax or social security recordsExample
Andrés, a Mexican architect, has lived in Lisbon for 14 months with Lucía, who is Spanish. Their lease is in both names from month one, and they share an account for rent.
The weak spot: for the first three months, the bank still sent statements to his old flat in Mexico City. We fill that gap with the lease and the Portuguese address registration, so the 12 months hold without a hole.
Example
Grace, from Kenya, and Pablo, from Seville, have only lived together for seven months, but they have a six-month-old daughter. The child in common replaces the 12-month requirement: the file rests on the birth certificate and proof that the relationship continues.
MigratioLex Success Story
Two denials alone. Approved in 13 days with us.
A Colombian client applied twice on his own as the unregistered stable partner of his European partner, and was denied twice for not proving 12 months together. We rebuilt the file with evidence from three independent sources: successive leases, bank records and a foreign authority that had already recognised the relationship.
His partner is a citizen of another EU country, so the legal basis was different. The evidence strategy is exactly the one that works for partners of Spanish nationals.
Where Applications for Unmarried Partners Go Wrong
- Relying on a signed declaration instead of documents from independent sources.
- Leaving gaps in the 12 months, such as a period where each of you appears at a different address.
- Forgetting the Spanish partner’s declaration that no other spouse or partner lives with them in Spain.
- Filing foreign documents without apostille or sworn translation.
- Accepting a consulate’s demand to marry or register first, when the law does not require it.
- Waiting for an answer after two months of silence, instead of acting on what legally counts as a refusal.
Back to that drawer with no wedding certificate in it. You do not need one. What you need is a file where every month of your life together is proven, from sources the caseworker can trust.
Talk to a Lawyer Before You File
If you are unsure whether your evidence is strong enough, or you have already been refused, 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 ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on Royal Decree 1155/2024, articles 38 and 93 to 97, in the wording in force in September 2026, including the Supreme Court judgment of 8 July 2026. The examples are illustrative; the success story describes a real case with identifying details removed.
