Marriage or pareja de facto: what gives for residence permits

Q: Can you obtain a residence permit as a partner without marriage?

Yes, when reunifying a resident and family member of a Spanish citizen, if the couple is registered in the register of the EU State or has a stable link: 12 consecutive months of living together or a common child (RD 1155/2024) [1. For the family of an EU citizen and for DNV, other [4][5] rules.

Q: Do you need to register pareja de hecho to apply for a residence permit?

Not always. RD 1155/2024 allows a stable couple without registration if you prove 12 months of living together or have a common child [1.] In the family regime of an EU citizen without registration, the partner is treated separately as "other family member". [4]

Q: What happens when you break up?

If a marriage or couple has lasted at least three years, a year in Spain, and the application has been filed within six months (art. 69 RD 1155/2024) [1]. A non-recorded couple does not have a direct description of the rule, and a consultation is required.

Short

Marriage is confirmed by a certificate. Paraja de hecho is equal to marriage if registered in the public register of the EU State or proved to be 12 months of joint life or a common child. (Article 66 RD 1155/2024) [1].
Marriage, registered couple and unregistered stable couple are considered incompatible: two status cannot be given to one application (arts. 66.1 (b) and 94.1 of RD 1155/2024) [1].
In Catalonia, a couple is considered stable (parella estable), if you have lived together for more than two years, have a child together or have a relationship notarized. [2][3].
Under the EU citizen ’s family regime (RD 240/2007), only a married couple registered in a public register is treated separately (art. 2 bis) [4].
For a digital nomad's residence permit, the law calls a "person in a relationship similar to a married person" without a definition, and UGE requests a document on the joint residence [5][6].

What is considered marriage and pareja de hecho when applying for a residence permit?

The law distinguished three legal status for migration procedures: marriage was confirmed by a certificate, the spouse must be over 18 years of age, not in a separate life, and the marriage was not made in a way that circumvented the law. [1]The registered couple (paraja registrada) is a couple whose relationship is similar to that of a married person, entered into the public register of the EU State and the record has not been cancelled [1]A stable couple without registration (paraja estable debidamente probada) is a couple who can prove a life together for at least 12 consecutive months, inside or outside Spain; a couple with a common child does not need a prior period while the connection remains. [1]These definitions contain article 66 (reunification of resident) and article 94 (family of Spanish citizen) RD 1155/2024 [1].

What are the conditions for each status?

Criterion	Marriage	Registered pair	A stable couple without registration
What's confirmed?	Marriage certificate	Recording in the public register of the EU State	Any admissible evidence of a stable link
Age of partner	over 18 years	over 18 years	over 18 years
Life together	not required	not required	12 continuous months; not required for a common child
Exceptions	separate life, marriage, circumvention of the law	canceled recording, circumvention of the law	No proven link
Compatibility	incompatible with the other two	incompatible with the other two	incompatible with the other two

The table describes the general regime of RD 1155/2024. For reunion visas, the consulate checks the original communication documents [1]For DNV UGE, accept original or copy with apostille and translation [6].

What is pareja estable in Catalonia and is it connected to a residence permit?

Paralla estable on Código civil de Cataluña are two who live as spouses if they have lived together for more than two years without interruption, have a child in common during a life together or have a notarized relationship (art. 234-1 Ley 25/2010). (art. 234-2) [2].

Registre de parelles etables de Catalunya has been in operation since April 1, 2017. [3]The notary act itself does not enter the register: partners ask the notary to provide the data [3]To assume that a Catalan registry entry will be accepted as a record in the public register of the EU state on RD 1155/2024, logically, but we have not found any final explanation of Extranjería. Pareja de hecho in Catalonia and residence permit.

Are the outcomes the same for different regimes?

Mode	A couple without a marriage	Source
Reunion with a resident	registered couple or stable couple with 12 months or a common child	RD 1155/2024, art. 66 [1]
The Spanish Family	the same two options and the same incompatibility	RD 1155/2024, art. 94 [1]
Family of a citizen of another EU State	Only registered couples automatically; stable couples are considered as "other family members" on the evidence	RD 240/2007, arts. 2 and 2 bis [4]
DNV family	"Persona con análoga relacion de actividad" without definition	Ley 14/2013, art. 62.4 [5]

Conclusion: Marriage gives the most certain position in all regimes, and pareja de hecho requires evidence, the form of which depends on the regime. Reunion with a spouse and family on DNV.

What depends on the occurrence, and what do we not know?

We have not found an official explanation of how UGE evaluates a couple without marriage under DNV and whether the agency recognizes a notary act without a record as equivalent to a record. It is also unclear whether the joint Empadronamiento considers sufficient evidence. The conditions for income, insurance and housing are not dependent on the form of the union. The choice between marriage and pareja de hecho affects taxes, property and inheritance: this is a question for the lawyer. When you plan to get into Catalonia, you choose the migration route and then you take the form of the union. Family questionnaire, and the details on the regimes are collected on the page Family reunificationB. Partnership formation: Paris de hecho in Barcelona; marriage: Marriage in Spain with a foreigner.

Separation on reunion is regulated by article 69 RD 1155/2024: independent authorization is possible if the couple or marriage has lasted at least three years, of which one is in Spain [1]For an unregistered stable couple, this rule is not directly described, so a consultation is needed.

Frequent issues

Can you obtain a residence permit as a partner without marriage?

Yes, when reunified with a resident and family of a Spanish citizen, if the couple is registered with the register of the EU State or has been shown to be a stable link: 12 consecutive months of living together or a common child (RD 1155/2024) [1]For the family of an EU citizen and for DNV, other regulations [4][5].

Do you need to register pareja de hecho to apply for a residence permit?

Not always. RD 1155/2024 allows stable couples without registration if you prove 12 months of living together or have a common child. [1]. In the family regime, an EU citizen without a partner registration is treated separately as a “other family member”. [4].

How long does it take to live together to make a couple look stable?

In migration regulations RD 1155/2024: 12 continuous months, either inside or outside Spain, or a common child [1]In Catalonia, for employment service from estancia, there is a civil procedure (more than two years), a common child or notarial deed (Article 234-1 Ley 25/2010) [2]These are different definitions.

Is the co-opadronamiento enough?

This may be one of the evidence but does not replace the rest of the terms. What the agency accepts depends on the regime and the case. For DNV UGE, it is called certificado de convivencia. [6]For the general regime, stability is confirmed by any admissible evidence. [1].

Can you be married and in pareja de hecho at the same time?

No, for migration purposes, marriage, registered couple and stable couple without registration are considered incompatible [1]. Catalan law excludes a couple if one of the partners is married and has not separated (art. 234-2 Ley 25/2010) [2].

What happens when you break up?

In the event of reunification, it is possible to have an independent permit if the marriage or couple has lasted at least three years, of which one is in Spain, and filed an application within six months (art. 69 RD 1155/2024) [1]For a couple without a record, the standard is not directly described, and a consultation is required.

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