Pareja de hecho: making residency easier one couple at a time
January 17th, 2012 | Posted by in Erin | Government | Visas | Work and EmploymentFor many non-EU foreigners, living in Spain legally is debacle numero uno. No easy solution exists, whether it’s finding a company to sponsor you, or a significant other willing to fully commit to ma-ma-ma-marriage. Locating a street in Madrid without obras would be easier.
But recently, something very unexpected changed. As rare as the Spanish waiter that happily and eagerly takes your dinner order, a process here just got easier and tremendously more helpful. I’ll let you digest that for a moment, because I know it’s hard to believe.
Have you recovered? OK, good. Back to business.
The process I’m referring to is that of pareja de hecho. Roughly translated as domestic partnership, acquiring the status originally just meant you got a piece of paper saying “these folks are officially an item” (not terribly unlike that note you wrote your classmate in junior high school). Now, becoming pareja de hecho can actually grant foreigners residency. Crazy, right? And it’s not too good to be true!
Here’s a brief rundown of the requirements and steps:
Requirements:
- Civil status certificate stating you’re single (must be validated for non-EU foreigners)
- Empadronado(a) with your Spanish significant other for at least one year
- Two witnesses
- Three photos (for Comisaría when applying for card)
- Copy of entire passport
Steps:
- Empadronamiento with significant other at the Ayuntamiento
- Obtain civil status certificate (foreigners go to their embassy/small fee required)
- Non-EU residents must validate civil status certificate at the Ministerio de Asuntos Exteriores
- Become pareja de hecho at the Registro de Comunidad Autónoma de Madrid
- Pick up certificado de pareja de hecho at the Registro de CAM
- Apply for residency card at the Comisaría
- Pick up card at the Comisaría (small fee required)
As with most things in Spain, there’s a good chance that funcionario 1 will say something entirely different than funcionario 2, so expect rules and processes to vary.
Now that pigs are flying, maybe the obras will stop and more waiters will become friendly. One can dream.
Follow me, Erin, on:
You can follow any responses to this entry through the RSS 2.0 You can leave a response, or trackback.
Hi Erin, enjoyed your article mucho. Could you give me an assist on your us of the word “obra”?
thanks
Oh, the famous Spanish obras! Obras can obviously refer to works of art, and various other things, but the term obras that you encounter most regularly here in Spain refers to construction. Everywhere you go, something is being torn up, rebuilt, remodeled, etc. Those, are obras. Typically you’ll see a sign saying “está en obras,” which is generally accompanied by another sign that says “disculpen las molestias” (pardon the inconvenience)
.
if i get pareja de hecho then will i get residency permit of spain?
At this point, yes, that seems to be the case. Via pareja de hecho (with a Spanish citizen), foreigners gain residency for five years.
Whoa. Erin, do you or your marido know any Spanish guys who want to empadronarse conmigo?
Hehe. I suppose that’s the only thing missing from this ground-breaking noticia
.
Hi Erin,
I have been living with my Spanish girlfriend in Valencia for 8 years. Great article thanks for sharing. Been doing the empadronada thing every few years under my name only. We have went to countless oficinas asking for help trying to figure out the straight answer on getting my status upgraded with a residency card but as you already know the system is a bit of a clusterf*ck. We recently just discovered the “pareja de hecho” thing and are currently going through the process of getting it done. Another tip I have for couples is to show documentation that you share things. So I would suggest getting a shared bank account, or other documents with couples names like lease on flats, bills. I think every little bit of proof will help. The longer you have these things the better.
Saludos desde ValenciYA
Kyle
Thanks for the extra tips, Kyle! Those are great suggestions. Back when I wasn’t married, we actually did the pareja de hecho as a method of just doing one more thing together in hopes that it would help us down the road. In the land of clusterf*cks, every little thing counts, just as you said!
And eight years! My goodness. Time to put a ring on it
.
hahah actually we started dating in 1999 while i was studying “aBroad”. She was my intercambio. I swooned her with my fancy English and promises of taking her to the land of opportunity. If you come to Valencia make sure you look us up. facebook.com/vjloops and http://www.couchsurfing.org/people/kyle_lyons/
VLC is actually kind of my second home here in Spain (my BFF lives out there). My latest trip revolved around my street-art obsession (which I wrote about here: http://offtrackplanet.com/featured/otps-guide-to-street-art-valencia/). I’ll hit you up next time I’m out there!
Quick update, yesterday I visited the office of “Pareja de Hecho” in Valencie, Spain and I presented my documents which consisted of a notarized letter from the US consulate stating I was single. This cost me €40 euros well my Spanish girlfriends document stating the same was free! Damn US money grubbers. We also both presented a current document for “Empadronado” and our ID’s. My US passport and her Spanish ID. We also had two witnesses with us. Tell them to remember their ID’s as well.
We then filled out and signed a document along with our witnesses. This is the official application for the “Pareja de Hecho” The whole process took about 15 minutes. No crazy lines to wait in either. Finally the official told us that it can take from 1 week to 2 months for them to review our application. They said we will receive an official registered letter to our address with the application denial or approval. I don’t imagine them rejecting our application so once we get the approval then we can apply for the residency card which is good for 5 years.
Thanks again for your article. I hope other people find this information just as useful.
Thanks for the extra pointers, Kyle! You rock! Good luck with the rest of the process. Once you have that card in hand, you’ll be worry-free for five years. Such an amazing feeling!
Hi Erin, thanks for your insight! I was wondering if you could give me advice on the same subject. I’ve been living in Barcelona for 3 1/2 years, empadronada for 2 1/2 and with my Catalan boyfriend for 1. We’re moving in together this month and want to apply for pareja status. We’re putting the contract in both of our names and can change our empadron to “together” status”. However, i’ve been illegally living here for the entire time, and while it hasn’t been a problem so far, I was wondering if you thought that would be a problem when applying. I’m an English teacher and working under the table, so there’s no possibility of a work contract. I do have my past housing contract under my name, oddly enough. I know the rules are a little different in every region, and we’ve been researching as well as asking family and friend lawyers. Your explanation so far has been the easiest for me, so just wondering if you had any thoughts on the subject.
I appreciate any insight, and you’re always welcome in BCN!
Casey
Hey Casey – happy to help! OK, so big fat disclaimer: I’m definitely no legal expert, but I’ve been put through the Spanish bureaucracy ringer a time or two, so I have my opinions here. First of all, from what I understand (in the exchanges I’ve had with an immigration lawyer here), you are entirely eligible to do pareja de hecho even if you’ve been living here illegally. So from a legal standpoint, according to the lawyer I spoke with, you shouldn’t have any issue. From my own personal experience, I’d say you shouldn’t have any issue either. I lived here illegally as well for a period of time. Not only did I go through the pareja de hecho process (before they changed the law, so it didn’t give me residency), but I also got a work visa, and then I got married….so I guess I’ve done everything. And what I can say is that never once did they question me about my legality here. Perhaps they were too lazy to dissect my passport (totally possible), or perhaps because I’m American they just didn’t care (also very likely), or maybe it just isn’t something that matters much anyway. Long story a little less long: I doubt you’ll have any issue!
Pareja de hecho or how we got PH’d
This is a short description of what actually happens during the pareja de hecho ceremony (in Madrid), minute by minute. We were quite worried about the whole thing, thinking there would be questions, detectives, etc., but no, it lasted only a few minutes.
The starting point is when you’re waiting for your testigos in front of Gran Vía 18, assuming you have already asked for the appointment (and waited several months). So it’s the big day!
Minute 1. Waiting for testigos outside Gran Vía 1, one friend is always late, and he/she probably decided to come by car, which is a problem. Remember to ask everyone to come by public transport.
Minute 2. Enter building which appears to be closed, through big wooden framed glass doors, greeted by Guardia Civil número 1, who asks you to wait until all four people have arrived.
Minute 3. After parking friend arrives, enter through a revolving door and go to control desk where two security people are waiting doing a crossword, they ask for DNIs or NIEs or passports from everyone, after verifying that you’re on the list. They then send you to the scanner guy right beside desk.
Minute 4. Scanner. Remember to avoid bringing lots of metal stuff, or this may take some time. Everyone beeped, must be sensitive scanner.
Minute 5. Go further into the building to another desk that says “Pareja de Hecho” over it, where one or two nice ladies ask: ¿Tienen cita? (umm yes). ¿Falta algo de papeles? (umm no) ¿Son los mismos testigos? (yes, if not, had to remember to make a photocopy of the new testigos). Again they ask for original documents (DNI, NIEs or passports). Make sure that no one’s documents are expired, this will cause problems. They will not make photocopies, but there is apparently one nearby.
Minute 6. Go further inside building to the right, to waiting area with comfortable sofas, next to “the room” where the ceremony will take place.
Minute 16. After short wait (there was a couple before us, they give appointments every 10 min and since we screwed up one of the above steps, they went in before). Enter “the room”.
Minute 16. Nice lady says “ya pueden sacar fotos”. This comment took us all by surprise since we were sure we had done something wrong (missing paperwork, or what have you), but on the other hand, later twisted analysis of the situation has led me to believe that this is a test, if you didn’t bring a camera, you don’t really love your pareja. SO BRING A CAMERA, THE MORE THE MERRIER. If each person has one or two cameras the whole thing will be over in a breeze.
Minute 20. Lady asks, ¿Número de teléfono de contacto? I give my mobile number.
Minute 21. Lady asks for addresses of testigos (since these may have changed from the time you sent in the original documents, I figure they wait until pareja de hecho day to punch in all the data). I learned from this experience that DNI do not have the postal code on them (código postal), so that is also an extra question ¿Código postal? for all.
Minute 25. All set, lady presses print. Printer takes a few minutes to understand and print.
Minute 28. Lady presents us with the Solicitud to sign (that is, me and my pareja have to sign a sheet saying that we want to be a pareja de hecho). There are several clauses on this sheet, including that we swear we are not close cousins. At the same time the testigos must sign a Declaración Jurada that they know us, they are who they are, etc.
Minute 29. Lady tells us: “En el plazo de 2 a 3 semanas recibirán por correo certificado la notificación firmada por la Secretaria General Técnica comunicando la resolución de unión de hecho. Es un documento único para ustedes. Guardalo.” Something else also about we can ask for the certificados de pareja de hecho in person at the same place.
Minute 30. Lady says I can kiss the bride. She’s nice enough to take a picture of all four of us and we leave. Ta da!
PS. We got the +ve resolución final 13 days later by mail.
This is awesome, Mo! Thanks for sharing! I was my friend’s testigo recently, so I second the fact that it was super quick an easy. My favorite part: the sign that says you can’t throw rice….darn
.
actually, i also living in spain illegally but want to be legal and get residency permit here. i dont have girlfriend here in this case how can i do pareja de hecho and how long time it will take to complete it?
Hi! I’m a Spanish citizen, but I don’t live in Spain, therefore I do not have my DNI. Is it possible for me to get my DNI and my residency then file for pareja de he hecho for my girlfriend of five years? We are thinking of moving to Spain and are trying to figure out the process. If we get her residency through pareja de hecho, can she work? Will she be allowed to? Thanks!
She can for sure work with the pareja de hecho, but I’m afraid the rest I do not know