Non-EU Spouse Visa Spain

What is the Non EU Spouse Visa in Spain?

This entry visa is for the partners of non-EU nationals that live in Spain, and who wish to reunify and gain residency in Spain. This applies to the Spanish mainland and its overseas territories of Ceuta, Melilla and the Canary Islands.

It is a visa that allows you to work and gain residency in Spain for one year.

To apply for an entry visa, your partner must not be a citizen of the European Union. If you are a relative or the family member of someone living in Spain, you must follow a separate process; see our other pages for further information.

Do I qualify for the Non EU Spouse Visa?

To qualify, you must:

• Be a spouse, a civil partner, or have been in a stable and cohabiting relationship with the non-EU resident that lives in Spain
• Have at least 1 year on the residence permit of the person living in Spain
• Be able to show sufficient proof that your marriage or relationship is not one of convenience. This will include proof of things like a joint bank account, shared rental agreements or utility bills, or other census records.

Please note that reunification applies to one person only.

The non EU Spouse Visa does NOT apply to:

• EU, EEA or Swiss citizens
• Other family members such as children or parents of the non-EU national residing in Spain
• Spouses and partners of British nationals – due to Brexit regulations you must apply for a tourist visa.

Spouse or Civil Partner

You are considered a spouse if you are legally married and that marriage is still valid, i.e. you are not divorced or legally separated.

You are considered a civil partner if you have legalised your relationship through means other than marriage in your country of origin. Different nations have different laws in this area and you must ensure that documentation concerning your civil partnership is clear and accurate when applying for this visa.

Common-law Partner

You are considered to be in a common-law partnership if you have cohabited with your partner, but haven’t legally formalised your relationship through marriage or a civil partnership.

• You have to prove that you were cohabiting before your partner relocated to Spain
• Depending on where you will be living, you may be able to apply for “Pareja de Hecho”, which provides legal status to your relationship so long as you can prove you have cohabited for at least 12 months.

Please note that legal requirements and regulations are different across different communities and localities in Spain.

Eligibility Requirements

How Long Will the Application For a Non EU Spouse Visa Take?

The process could take a while, and depending on your unique set of circumstances, may involve additional interviews or documentation that could take extra time to obtain and receive approval for. Therefore, it’s important to give yourself plenty of time between the start of the application process and the date you plan to join your partner Spain.

We advise that you allow at least six months for the application process from beginning to end. To understand the full application process and whether your circumstances could cause additional delay, contact us online or on +44 333 4149244 today.

The Non EU Spouse Visa Application Process

The Non-EU Spouse Visa is more complicated than other visas, and requires significant documentation and justification in order to be approved. Both you and your partner are required for the application process, with your partner presenting documents within Spanish territories and you from abroad.

If neither you nor your partner speak Spanish, it might be a good idea to organise additional support for translation purposes during the application process.

Step-by-Step Application Process

Important points to remember when applying for a Non EU Spouse Visa

Appointments with consulates should be attended in-person by the relevant applicant when submitting documents, in Spain and in the country you are applying.

Each stage of this application may take some time, and approval of each application at each stage is not guaranteed. Make sure you take note of the expected timelines for each stage before moving onto the next step of the application process.

Please note that all documents must be legal or apostilled (stamped with approval from the relevant government). You may be required to submit versions of documents translated into Spanish as well.

The Spanish Consulate reserves the right to ask for additional documents if they require. In some circumstances, you may be asked to attend an in-person interview for further assessment of your situation.

Below, we have broken down the application process for your convenienceThe application process must be followed in this order. If you have any concerns or questions regarding the process outlined below, or would like support with filling out forms, we are here to help. You can call us on (+44) 333 4149244 or contact us online.

What Does My Partner in Spain Need to Do?

The partner living in Spain needs to apply for a permit called the Initial family reunification permit.

Initial Family Reunification Permit

This is issued by the Government of Spain. Your partner needs to organise this with the immigration office in their local area in Spain.  We recommend that they book an appointment with the local office for further advice on how to apply for the permit.

They will need to present the Immigration Office with relevant documents that prove that the spouse or common-law partner is eligible for the non-EU spouse visa. They will need to prove that they have financial stability and have the means to support the partner during their time in Spain. They must have no criminal record and no illnesses that could pose a threat to the general public.

Documents that your partner will need to present include:

• Their passport
• Proof of adequate housing
• Proof of employment or financial stability
• Proof of your relationship
• Proof that they are not in a relationship with someone else in Spain

They may be asked for more documents if required. Once the permit has been applied for, a favourable resolution will be sent by immigration office within two months from the date the application was submitted.

How Do I Apply For The Non EU Spouse Visa?

Once you have secured the Family Reunification Permit, you can start the application for the non-EU spouse visa. You have two months from the date of receiving the resolution to send the visa application.

If you do not apply within two months, your partner will have to go through the process of obtaining the Family Reunification Permit again, so be sure to apply within this timeframe.

You must provide the original copy as well as a secondary copy of the family reunification permit when applying for the non-EU spouse visa.

The following documents are required for the non-EU spouse visa:

A Valid Passport

You will need a valid passport that has a minimum of four months left before the required renewal date. We recommend that your passport is valid for at least a year to avoid any time delays or other challenges that could arise during the application process.

The passport should have at least two blank pages.

A National Visa Application Form

You are required to provide a national visa application form, fully completed and signed. The form is written in Spanish and English, and can be completed in either language. Please make sure every section is completed before presenting it to the consulate.

A Recent Photograph

This should be a recent photograph of you and needs to be of the same quality as a passport photo. It is best to take it in a passport photo booth and follow the instructions there to avoid any refusals. The background should be white and the oval of your face should be clear, without any hair or garments in the way, and you should remove glasses so that your eyes are clearly visible.

You can stick the picture onto the application form.

A Residence Card (NIE)

You will need a copy of your partner’s Spanish residence card (NIE/TIE).

Documents Proving Your Relationship

A marriage licence, civil partnership licence, or documents proving at least one year of cohabitation with your partner prior to them moving to Spain. Documents that are valid include rental agreements, joint bank account statements, or utility bills proving that you lived in the same household for at least a year.

You are required to provide your marriage certificate that is issued by your country’s civil registry. If you or your partner were married before your relationship, you will need to show proof of divorce from the previous partner.

If you are in a civil partnership, you are required to provide a certificate of registration of your relationship issued by the country’s civil registry.

You are required to provide household-related documents that prove that your relationship existed before the non-EU partner moved to Spain, such as joint bank account statements or utility bills addressed to both of you.

Criminal Record Check Certificate

You must obtain a criminal record check that spans the last five years in your country of residence. If you have lived in more than one country during that time, you will have to obtain a criminal record check from each of the countries you have resided in.

Medical Certificate

In line with the 2005 International Health Regulations, you must provide an original and a copy of a medical certificate that proves that you do not suffer from a disease that could cause serious issues to public health, such as SARS or smallpox.

Proof of Residence

Documents proving that you live in the consular district from which you are applying should be presented as part of the application. Examples of proof of residence include rental or mortgage agreements, bank statements or utility bills addressed to you.

Required Documents for Non-EU Spouse Visa Application Summary

Payment

The Non EU Spouse Visa visa requires payment. The price is different for different nationalities, though you can expect prices as follows:

Additional processing fees may apply.

What Happens Once I Have Applied for a Non EU Spouse Visa?

Once the Non EU Spouse Visa has been applied for, you should receive a proof of a receipt that includes a code that can be used to track your application’s progress online. The process should take around two months but could take longer if there are any changes that need to be made to your application, or if the consular office requires further documents or needs to conduct an interview with you.

Please note that during this period, your passport will be with the consular office, so you won’t be able to travel abroad during this time.

If Your Visa Application is Approved

Now that your visa has been approved, you will be notified how to collect your visa, passport, and the other important documents that you provided during the application process.

Once you have received your non-EU spouse visa, you will then need to obtain an NIE in Spain or at the Consular Office in your country of residence. This is a separate application process where you will need to prove your reasons for applying as a foreign international in Spain. This will be your residence permit. This can be done at your local consular office or once you arrive in Spain. The process for approval usually takes around two weeks, but quick approval is never guaranteed, so be sure to apply in good time.

If Your Visa Application is Refused

If your visa is refused, you will be notified in writing and there should be a clear explanation for the reasons for refusal.

To make an appeal to be reconsidered for the visa, you will have to do so within one month from the date of receiving the refusal letter. Please note that you should only consider making an appeal if you feel the reasons for refusal were ungrounded. Judicial reviews can be complicated, and working with a lawyer is recommended so that you have support throughout the process.

How can IAS help with Non-EU Spouse Visas?

Thousands of people apply for reunification visas for Spain each year, and usually there are few issues with the application.

However, we understand that the process is lengthy and can feel overwhelming, especially if your circumstances are complicated and you are concerned there could be cause for refusal. Perhaps your relationship is more complex than the criteria outlined in this article, or you are unable to obtain certain documents that need to be included in your application.

There is no need to apply alone and hope for the best – applying with IAS means that you will be fully supported by a team of experienced immigration advisers and lawyers that are here to assist you.

We want to make sure couples and families do not have to live apart due to complicated immigration procedures. If you have already received a visa refusal and need legal support to appeal the decision, or you accept the refusal but have no idea what to do next to reunite with your partner, we are here to help.

Get in touch with us today on 0333 4149244 or contact us online.