Confusion regarding applying for pareja de hecho while on tourist visa

Lu Kor

Member

Member since 04 May 2022

Lu Kor

04 May 2022 23:18:25

Lu Kor

04 May 2022 23:18:25

Hi there,

So I am a Spanish citizen, my fiancée is a non EU/US national. We are preparing the paperwork for her to come to Spain on a tourist visa. As we understand it, then we will have 90 days to apply as a pareja de hecho and get her residency.

I have many questions but the first one is, what to do if the wait for the pareja de hecho appointment is 6 months for example? Will she have overstayed her visa? Or is she allowed to wait there until the appointment? Or does she have to wait outside of Spain until it is time for the appointment? And in the case of the last one, is there any alternative to avoid this?

Hoping to hear from your experiences. Many thanks,

Lucas

gwynj

Bulgaria Expert

Member since 30 June 2020

Bansko, Blagoevgrad

gwynj

05 May 2022 12:41:04

2159

gwynj

05 May 2022 12:41:04

2159

Bansko, Blagoevgrad

Greetings @Lu Kor and welcome to the expat.com forum. And good luck importing your fiancee! :-)

Firstly, to clarify the steps: (1) get your partner a visa to enter Spain with you, (2) go register your relationship, and (3) apply for family reunification for the wife/partner of a Spanish/EU citizen.

I'm not an expert on "pareja de hecho", but I'd be surprised if there were a 6 months wait. I think it can be done at the notary, which should be pretty quick. Plus you can probably pay an attorney or gestor to help you speed things along. You should check the exact requirements, as some will want your padron certificate, and you might need some proof that your relationship has existed for some specified period of time (not necessarily inside Spain).

I think the time requirement varies, so there are regions which don't need it. I think Valencia is one. Personally, I'd go where there was one less thing needed. :-)

I'm not sure, but probably the notary might want to see some proof that neither of you is already married. So you should check this issue, and make sure you both have such documents.

And even if there is a long wait, you could wait until nearer the appointment before entering Spain... or leave for a while... in order to avoid overstaying her visa allowance. Generally, overstaying is a bad idea, and you should avoid it. However, overstaying to get the pareja de hecho would be much worse than overstaying after you've submitted the family reunification application (as it should be granted).

Separately, parejo de hecho is a civil union, whereas you said she was your fiancee, which usually implies that a wedding coming up. And I doubt there's a long wait if you wanted to get married.

I believe that Spain will recognize marriages and civil unions from many other countries (but check which ones before you pick one!), so you don't have do this inside Spain and coordinate with your residence application. You can do it outside Spain, then do your residence application as soon as you arrive.

Here's a useful link about pareja de hecho:

https://www.immigrationspain.es/en/civil-partnership-pareja-de-hecho-in-spain-to-get-residency/

And the specific instructions for doing it:

"What are the main requirements to register a civil partnership?

The requirements will vary depending on the autonomous community or region in which you are located. However, some of them are generally applicable throughout Spain. Those are:

- The European Union citizen member of the couple must be a resident in the Spanish territory
- Both partners are required to be registered at the same address
- Depending on the region in which you are based, a minimum period of living together may be required
- The civil union must be registered, by public deed, before a notary
- Both members must be of legal age or emancipated
- Neither of them can be married"

indahmulyaningrum38

Member

Member since 24 March 2024

indahmulyaningrum38

24 March 2024 02:14:39

indahmulyaningrum38

24 March 2024 02:14:39

Hi,i m an Indonesian.I have a boyfriend in Barcelona.I want to ask something.can we make pareja de hecho with tourist visa?and can i get legal work there?

Thank you :⁠-⁠)

gwynj

Bulgaria Expert

Member since 30 June 2020

Bansko, Blagoevgrad

gwynj

25 March 2024 08:22:04

2159

gwynj

25 March 2024 08:22:04

2159

Bansko, Blagoevgrad

@indahmulyaningrum38

I'd guess so, but with complications.

The Pareja de Hecho doesn't grant you work or residence rights of itself, but it's a vital step if your Spanish partner wants to go through immigration formalities (Family Reunification). This is what gives you the right to live (and work) in Spain.

The Pareja de Hecho doesn't require that you already have a residence visa. But you'd usually need to be on the Padron (town hall register) with your partner. And, your local Pareja de Hecho rules might require a certain amount of time living together (1 or 2 years) as demonstrated by how long you've been on the Padron. So you could fly for one visit and register... and then wait. Or move to a place that allows a shorter (or no) living together period.

https://balcellsgroup.com/civil-partner … gislation/