Spouse Visa Spain

Reunite with Your Partner in Spain with Spouse Visa

A Spanish spouse visa is needed if your partner, civil partner, or spouse is a resident in Spain and you are a non-EU citizen. Your partner must have been a legal resident of the country for at least 1 year. It is not needed if your spouse is a Spanish citizen or an EU citizen who is resident in Spain.

This visa type is usually valid for one year. However, renewals will be available provided you continue to meet the visa’s eligibility requirements, detailed in the section below.

Spain Spouse Visa Eligibility Requirements

There are three types of relationships with Spanish or EU citizens who are resident in the country that could make you eligible for the visa. Firstly, if you are their spouse, meaning you are legally married and your marriage remains valid. Secondly, if you are their civil partner.

That means you are not married but have a legalised relationship. The final valid relationship is a common-law partner. As that means your relationship hasn’t been formalised, you will need to provide plenty of evidence of a serious and sustained relationship, such as that you cohabited before your partner moved to Spain.

For all of these relationship types, you will need to show evidence of a committed and intimate relationship. You are unlikely to be given this visa if immigration officials believe that you have been married purely for the purpose of getting a Spanish visa.

Funding and Housing Requirements

To qualify for the Spain Spouse visa, you and your partner will need access to suitable and adequate accommodation in the country. Use a recent housing report from your local Ayuntamiento (town hall) to show that there will be adequate space. You must also show that you legitimately rent or own the property.

The Spain-based partner will also need to demonstrate that they have enough funds to support their spouse and any other dependent family member joining them. There is an earnings requirement of 900 euros a month, equal to 150% of IPREM (Indicador Público de Renta de Efectos Múltiples), Spain’s income indicator.

Bringing Your Non-EU Spouse to Spain

You can bring your non-EU partner to live with you in Spain if you also are not an EU citizen by using the Non-EU Spouse visa. This document is an entry visa, allowing your non-EU partner to work and gain residency in Spain for one year. As the Spain-based partner, you will need to sponsor your spouse to come to Spain.

Processing of your Non-EU Spouse visa usually takes around six months. However, it can take longer if a visa interview is required.

Once your spouse has come to Spain, they will need to attend an appointment at the local police station or immigration office to obtain a Spanish residence card (TIE).

Bringing Your Spouse to Spain under the EU Regime

A Spouse visa won’t be needed if your spouse is an EU or Spanish citizen. However, you may still need a visa to legally enter the country. The need for an entry visa will depend on your country of origin.

In either case, you should still apply for an EU/EEA family member residence permit if your spouse is an EU citizen. This residence card allows you to live and work in Spain for up to five years. Other dependent family members may also be eligible.

Bringing Your Spouse under the Entrepreneur’s Law

Another way that you can bring your spouse to Spain is if you are an Entrepreneur visa holder. That is because your spouse or unmarried partner, children and dependent children, and relatives in the ascending line who are in your care can also obtain the visa.

To make this application for your spouse and any other relatives who will be joining you in Spain, you will need to submit the following documentation:

• A national visa application form
• A passport-style photograph
• A valid passport. It may also not have been issued over ten years ago
• A criminal record check certificate
• Proof of health insurance
• Proof that they are a resident in the consular district from which you are making the application
• Proof of visa fee payment
• Proof of relationship with the Entrepreneur visa holder

You will also need to show that your entrepreneurial activities will provide the financial means necessary to support any dependents coming to Spain with you. Further required documents may be requested if Spanish consular authorities deem it necessary.

Spain Spouse Visa Documents Checklist

Before you launch your Spain Spouse visa application, you will need to ensure that you have access to all of the necessary documents that will prove that you meet the eligibility requirements.

Required documents change slightly depending on your circumstances, but common documentation includes the following:

• A completed national visa application form. This can be downloaded through the consular website. Make sure to sign and date it once you are done. Complete the form in Spanish or English
• A valid passport. It must remain valid for at least four months after you make your application, and have at least two blank pages for your visa
• Passport-style photographs
• A civil partnership certificate or a marriage certificate of relevant
• Evidence of a serious relationship. This should include a mix of utility bills, shared rental agreements, joint bank accounts, and letters from friends and family members attesting to your relationship’s seriousness
• A valid initial family reunification permit
• A certified photocopy of your Spain-based partner’s residence card
• A recent medical certificate. This must show you do not have illnesses that could harm the Spanish national health
• A criminal record check certificate showing you have no major criminality in the last five years. A different criminal record check certificate will be needed for each nation you have lived in during this time period
• Proof that you are a resident in the consular district from which you are making your application. This could include a valid ID card
• Proof that any previous marriages have ended, such as through death or divorce

All of the documents you submit will need to be stamped with the Apostille of Hague. This is part of the legalisation process mandated by Spain. Foreign documents may also need to be translated into Spanish.

Spain Spouse Visa Application Process

There are two stages to apply for a Spouse visa in Spain. The first is to obtain an initial family reunification permit. Your spouse living in Spain will need to do this on your behalf at the local foreigners’ office. This permit confirms that your relationship is genuine and that you are eligible to apply for a Spouse visa.

Your partner will need to provide a range of documents at this meeting, including the following:

• Their valid passport
• Evidence that they have a genuine relationship with you
• Proof that their accommodation is adequate for you to join them
• Proof that they have behaved well in Spain through a clean criminal record check certificate
• Evidence that they have valid health insurance
• An employment contract or bank statements for financial stability proof
• Evidence that they have not begun a relationship with anyone else in the year that they have spent in Spain without you

Your Spain-based partner will then need to wait around two months, although administrative backlogs can cause delays. Furthermore, if there are issues with their application, the immigration office may ask for additional documents. That will force you to wait longer. Given the potential for delays at this stage, start the process at least six months before you want to come to Spain.

Once you have the initial family reunification permit, you can apply for the non-EU Spouse visa, which must be done within two months of receiving the permit. Failure to meet this timeline will result in your partner having to start the process again.

Complete the Spouse visa application by completing the steps detailed below:

1. Make an appointment at your nearest Spanish consulate or visa application centre
2. Attend the appointment to apply for a national (long-stay) visa. Make sure to bring supporting documentation
3. Attend an interview with a consular officer if asked. They will question you about your application and take your biometric data

If your application is successful, you may travel to Spain to join your spouse. This often needs to happen within three months of receiving your visa.

Spain Spouse Visa Application Fee and Processing Time

Spouse visa processing takes a long time due to the need to wait for your initial family reunification permit first. There is also a processing time for the Spouse visa itself. This will usually be between four and eight weeks. However, processing can take longer if your application has problems or you are called into the consular office for a visa interview.

The standard visa fee is currently €90, as is the case for the other types of Spanish reunification visas. This fee will not be refundable if your application is rejected. Submit a strong application to minimise the chances of needing to pay the fee and wait for processing more than once.

What Happens After the Application is Complete?

Once you have submitted your Spanish visa application, you will receive a receipt. Retain this as it has a code that you can use to track your visa’s progress through the Spanish bureaucracy. Remain in your country of origin while your visa is being processed.

If your application has been accepted, you will be notified when you can come to the consular office to pick up your documents, including your passport and visa. You can then come to Spain, where you will need to get your residence card to remain in the country.

However, if Spanish authorities decide that you don’t meet the application requirements, you will receive notification that your application has been refused. The notification will clearly explain why your application was rejected. You can choose to accept this verdict and resubmit your application. You may also appeal if you believe there was wrongdoing or mistakes when the Spanish authorities processed your application.

Appealing a Spouse Visa Refusal

There are two options for appealing a wrongful refusal of your Spouse visa. In an appeal for reversal, you appeal directly to the authorities who rejected your application. This is an administrative procedure known as Recurso de Reposición and is relevant if you think innocent mistakes were made.

File this appeal within one month of getting notified of the rejection. You can usually expect a decision within one month. However, the wait can extend to three months in some circumstances.

A long and more serious course of action is a judicial Recurso Contencioso-Administrativo. This is an appeal to the Spanish Court of Justice. Use this method if you think that the Spanish consulate has shown unjust or biased behaviour, or has gone against established legal precedents.

File your judicial appeal within two months of notification of your refusal. The time taken for you to receive a decision will be highly variable depending on the complexity of your case. These legal proceedings often take over a year.

Given the complexity and cost of going through these legal measures, it is often better to resubmit your application. Make sure to properly fix any problems with it to prevent an additional refusal.

Applying for a Residence Card in Spain

Your Spouse visa alone is not sufficient to allow you to remain in Spain long-term. Instead, you will need to apply for a residence card at the foreigner’s office within one month of arriving in the country. You may also be instructed to do this on a different time frame.

The residence card is known as a tarjeta de identidad de extranjero (TIE) or a Foreigner Identification Card, and is usually needed for holders of visas that allow them to remain in the country for over six months. The residence card will usually have an initial validity of one year and can be renewed after.

Complete your residence card application by following the steps detailed below:

1. Gather your documentation needed for a Spanish residence application. This includes a completed EX20 application form, a valid passport, and evidence that you meet the EU residence financial and healthcare requirements.
2. Submit a residence application in the province where you live. This can be done electronically, in person at your local immigration office, or through a third-party representative.
3. Once your residency is approved, gather your required documents for a TIE application. This includes a completed and signed EX23 form, proof of paying the residence card fee, a valid passport, and two passport-style photographs.
4. Make your TIE application to the relevant authorities in your locality within one month. Such authorities could be a police station or an immigration office. You will need to hand in your valid documentation.

Issuance of your residence card will usually take between one and three months after you submit your application.

Becoming a Spanish Citizen

You will stop having to worry about keeping your residence card updated once you have successfully gained citizenship. This is available to Spouse visa holders once they have become naturalised, which will require at least 10 years of legal and continuous residence in Spain. Make sure that you do not spend more than three months outside of Spain in a single trip to avoid invalidating this residency period.

Spanish citizenship comes with a host of advantages, which include the following:

• Full political rights in Spain
• A Spanish passport, allowing for free movement within the Schengen zone
• No need to renew or keep updated
• Children born once you become a citizen will have full Spanish nationality
• No limit on time spent outside of Spain

Please note that you will usually not be able to have dual citizenship, requiring you to renounce your initial citizenship. There are some exceptions, such as if you come from a Spanish-American nation or you are a Sephardic Jew.

Apply for Spanish citizenship through the steps detailed below:

1. Double-check that you are eligible by ensuring you meet the residency requirement.
2. Gather supporting documentation. This will include a valid passport, proof that you have paid the application fee, evidence of your working and living history in Spain, proof of your personal finances, background records from your country of origin and more.
3. Submit your application via the Civil Registry in Spain or a consulate abroad. You can also apply online using the SEDE online system.
4. Wait for a decision. This will usually take one to two years. Make sure that you continue to have the right to live in Spain during this processing time.
5. If approved, take the “Promesa de fidelidad”. This is an oath of loyalty to the Spanish King and of obedience to the constitution.
6. Ensure that your new nationality has been registered with the civil registry, and obtain your Spanish ID or passport.

Expat Tax Considerations in Spain

If you will be residing in Spain for over 183 days, as is the case for almost all Spouse visa holders, you will be considered a tax resident of Spain. That means that you will have to understand your legal tax obligations. Luckily, Britain has had a double tax treaty with the UK, so if you are a British citizen, you can avoid paying tax in both countries.

The main tax to be aware of is Spanish income tax, which applies if you are working in the country. The income tax rate will vary from around 19% (incomes under 12,450 euros) to 47% (incomes over 300,000 euros). This rate will be split into a national tax and a regional tax.

A personal tax allowance also applies to Spanish tax residents, which applies to both your savings and general income. Under-65s have a tax allowance of 5,550 euros, rising to 6,700 euros for over-65s and 8,100 euros for over-75s. Additional allowances apply based on your marriage status, your children, and any disabilities that you have.
The final major tax to be aware of is the one that applies to your income from your savings.

Such income includes the following:

• Interest
• Dividend payments
• Life assurance policy payments
• Income from annuities
• Income made from asset disposal or transfer

This savings and capital gains tax will vary from 19% to 30% depending on the amount of income that you are making.

Due to this tax, you must declare any assets that you own outside of Spain that have a value in excess of 50,000 euros. It could result in severe fines and a criminal charge if you fail to do this. Examples of assets included under this law include those held in a foreign bank account, property, life insurance policies, and shares.

How Can IAS Help?

The Spanish Spouse visa is incredibly powerful, as it allows you to end the wait and finally move back in with the person that you love. You can use this visa to start your life together in the country and enjoy all the benefits of living in the European Union and the Schengen Area.

To get this visa, you will need to submit a thorough application that proves you meet the eligibility criteria, such as having a genuine relationship with a Spanish resident. Get help from a leading immigration lawyer, such as from our team at Immigration Advice Service, to boost your chances of a successful application. We can guide you through the entire application process. Our team can also help you to launch the right appeal if you have already had a Spouse visa refusal.

Call us at +44 (0)333 414 9244 to find out more. Our website also has plenty of information on the services that we offer for a range of other Spanish and European Union visas.