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.
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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)
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if i get pareja de hecho then will i get residency permit of spain?
i have a girlfriend we love each other and i want to live with her but the problem is that i have no residency permit of spain i am totally illegal here. can somebody answer me will i get residency permit with pareja de hecha if yes then what type of permit will i get and how long years of it ?
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
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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
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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
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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
Erin, quick question: does the partner have to be Spanish or can the partner be a EU citizen who is living/studying/working in Spain? So me being American and her being Portuguese as an example…thanks!
Hi Jose – I unfortunately am not sure. My guess is that they have to be Spanish citizens, but you should double check that.
Hola Erin,
I am “engaged” to my Spanish partner, but as weeddings are quite expenisve we are thinking of ´Pareja de Hecho´.
We have been living together for more than 1 year, but I had my empadronamiento at another address. I just did empadronamiento at the same address a few weeks ago. Can we testify that we have been living together for the previous year or we have to have the empadronamiento?
Also, can you explain to me the difference between residency and a work permit? Can I work with only residency? Why do I need a work permit, and how do I get one??
Thank you!
Jessica
Hola Erin!
I have been in a relationship with my Spanish partner for a few years. We have been living together longer than one year, but we have only been empadronado in the same casa for a few months. Do we actually have to be be emapdronado in the same house for one year, or are testimonies enough?
Also, can you please explain to me, what is the difference between residency and a work permit? Can I work with just residency or do I need a work permit? And, how does one obtain a work permit?
Thank you!
Jessica
Hey Jessica – OK, again, I should preface this by saying that I’m totally not a lawyer and only know what I know based on interviewing those who’ve gone through the process. Vale?
According to one of my friends who’s completed the process, she said that they (the funcionarios processing her papers) didn’t care at all how long she’d been empadronada with her boyfriend – in fact, they had only been empadronados for a month together (while she had proof of empadronamiento elsewhere prior to that). So if this is truly the case, then it sounds like it shouldn’t be an issue for you – or at least it wasn’t an issue for her.
A work permit, generally speaking and as I have understood it (at one point I had one), just provides you with permission to work – and in my case, it just provided me with permission to work in a very precise sector. With residency, you essentially get all the benefits of Spanish citizens (apart from voting rights and all that good stuff) – that is, the ability to work, own a business, etc. In other words, the ability to work is part and parcel of residency. So if you go through the pareja process, with your residency you need not worry about obtaining a work permit.
Hi Erin!
Thanks so much for the quick response…. no idea how I managed to post twice… if it’s possible I would be the one to do it, lol.
Gracias for the information! I accept that you are no lawyer, but I appreciate the shared experiences of those who have lived the journey of falling in love in Spain.
Great! We are going to start the process, I will share updates when I have!!
Hi, My novio and I are considering this route but I wanted to ask…I know you´ve said they grant a residency permit, but what exactly does that allow? For example, would this allow me to work in Spain? Or would it still be the same (impossible) process to get a work permit? I imagine it would make things easier wouldn´t it?
Thanks for your insight. Next step is to speak to a lawyer and get the ball rolling…
Just saw that my post had already been answered in someone else´s post so please disregard it unless you have any other info that could be helpful.
Thanks!
Hi Erin, I have a question.
My boyfriend is from Spain and I want to stay for the year. What was your experience while you were there illegally? Did you ever leave the country, try to go back the the US (if that is your country of origin) and would you just elaborate for me. Would you recommend doing the pareja de hecho and to make things legal?
I would love all of your experience and insight!!!
Hi Megan – I came and went from the country without issue (as have most of my friends – the few that have ever had issues just had to buy a return flight to the US, and that was all). I have heard that they are getting more strict about it, though, so I’m really not sure how it works these days. In the past, having residency (as an American) was definitely not something to be concerned about. I think whether you do the PDH is really up to you – for me, I didn’t want to get married or do anything like that because I didn’t want to rush my relationship….but then again, like I said before, I never had issues coming and going.
Hi Erin!
I found your super helpful blog via google looking for info on ‘pareja de hecho’. Have you already been approved for the pareja de hecho and applied for the residency card? If so, how long did the process take for both?
Hi Erin,
They are the most usefull information i ve seen till now, thank you for all explanations.
Well, except the other people around i have more spesific situation, i dont know if you have an idea about that subject but nothing to loose with asking if you dont mind to spare couple of minutes..
Me and my Spanish bf are together for 3 years. I am Turkish, naturally Non- EU, live in still Turkey. We just discovered (with a help of one girl who works in immigration office) that there is no need to live together for a while for being “parejo de hecho”, we didnt know it before.. So we decided to do it, but it is impossible to take a date from this office, we already called 4 times, they told as to call back but ofcourse they didnt. Do you have any idea how to take easier appoinment? Can you suggest us someone professional that can be helping us along with this process?
And lastly, we think about making my registration to his place ( i think that’s what you call “empadronada”, right?) just after taking the date. But we will make all these stuffs with short term staying permission, they give 6 months visa with 90 days using. They told us it is possible, do you have any idea about that?
It will be appreciated if you have time to answer me, thanks in advance !
Ozge
how long it will take if i have apply for resident in spain for pareja de hecho
how long it will take if i have apply for resident in spain for pareja de hecho 2 month or 3 months?
Thanks for all the info, Erin, it’s super helpful since there’s not much out there about “pareja de hecho” in English. My boyfriend (who is Spanish) and I are also considering this route as a means for me to continue to stay and work in Spain. I have been here two (academic) years now and we have been together for a little over one year. I’m not ready for a serious marriage-like committment and am wondering really how different from marriage is this “pareja de hecho”? The mans explination of it all above terminating in “you may kiss the bride” made me a bit nervous! How is “pareja de hecho” recognized in the US? If you seperate is it considered a divorce?
Thank you for sharing your knowledge and experience on the matter!
Courtney
Hi everyone, and apologies for the delayed response! I just haven’t had time to tackle all these comments! I’ll do my best to answer your questions but, again, my responses are just based on what I’ve heard
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Ana – as far as I know, the length of the process continues to evolve. My friends who did it right when it started only took about 6 months or so to complete it. But now I’ve heard that appointments are backlogged until the end of the year. So unfortunately, there’s no concrete answer apart from: it will take quite awhile.
Oze – a friend of mine went through a lawyer here (who I think only speaks Spanish). Here’s her email should you wish to contact her for help: susanacuadron@gmail.com. Be advised that she of course charges for her services.
Courtney – pareja de hecho is essentially just a domestic partnership in US terms. And the whole “you may kiss the bride” thing must have been a one-off. Even during my civil ceremony, they didn’t do that. As for dissolving the pareja de hecho, it is my understanding that it is very easy (something like just signing a paper). Unfortunately I don’t know anything further than this – only that the process of ending it is rather simple. Also, if/when you do get married, you don’t need to do anything (you just go through the marriage process as usual).
Thanks, Erin.
Hi Erin,
I have a question how long does it take to get the residency card after you have applied?
By the way the question about can you do pareja de hecho if you partner is from another EU country other than Spain..The answer I believe is yes. My partner and I have the certificate and I am from the UK.
Another thing my civil status had to be translated, which obviously cost more. About 170 euros in total.
Ozge- We had the same problem so we booked an appointment in a small town near Madrid. Hope this helps..In Madrid they told us to wait 5 months, when we went outside of madrid it ws only 3 weeks wait.
beware! it´s now not as simple as it used to be. Spanish immigration authorities have received an influx of applications and as a result are suspicious and are now doing random checks on addresses, and immigration interviews, make sure your story is air tight
went to the office yesterday here in Madrid. They told us the soonest we could book an appointment was Aug 2013.
this was not much help after all.
Now we are going to see if there’s any difference in getting married or getting a ‘civil union’ instead.
Sunshine – what small town did you book the appointment in? Did you have to get the empadronmiento in that town? Also, what kind of proof can we use to say we have been together for 2 years when we haven’t been living in the same apartment but moving from place to place over time? We don’t have the contract from our previous apartment in Prague.
I went to the lovely office on gran via last week, and they told me first available appointments are for SEPTEMBER 2013!!!!! Just ask for a hueco and you may get lucky! we got july 30th!
Thank you for this very helpful post! I am an American waiting for my pareja de hecho date in October in Madrid, and so most of this sounds very familiar. There are two things that I did not see mentioned though that I wanted to add/check. First is that the papers being submitted for the pareja de hecho cannot be dated by more than 3 months. Thus while we had the papers in hand when we applied for pareja de hecho in February (the first available date was in October…), I have been told that I will need to request the papers again so they are valid in October. Second thing is that I think a form stating your criminal record is also needed. I tried to get this from the US consulate, but they told me that i needed to get that from a local police station in the US and that it would need to have the state’s Hague Apostille put on it. And then of course any papers in english need to be translated by a certified translator. Erin, do you agree that this paper is needed?
Hi Erin,
Thanks for all the helpful info! I just recently learned about the Pareja de Hecho and keep wondering about the “empadronado”. I’ve been reading blogs about the non EU citizen needing to be empadronado for 12 months at the city hall in order to prove that the two have been together for 12 months. Is that true? Is there another way? How document did you use to prove that you have been together for 12 months? This is the only thing I don’t understand about the Pareja de Hecho. I hope you can answer my question because I have been searching all over the net for an answer. Muchas Gracias!
@Chelsea, do you mean July of this year or next year? And asking for a hueco really worked? Was any batting of the eyes necessary, or is that an actual thing, that you can be squeezed into a cancellation or something earlier?
I just went to the office in gran via 18, octubre de 2013…..checking other cities to empadronarme. Does anyone know if this permament residence in more permament that the 5 year working renovation? Ill explain, as I understandf the 5 year working long term renewal only allows for for periods outside of spain for up to 6 months in a 5 year period. My girlfirend and I are thinking about doing two years in the us to ride out the crisis and to comeback.