Spain Spouse Visa

Spain’s spouse visa program is designed to facilitate family reunification for individuals married to Spanish citizens or residents. This visa allows spouses to join their partners in Spain, ensuring that families can live together. The importance of the spouse visa lies in its role in promoting family unity, enabling couples to navigate life together in a new country.

Who Can Apply for a Spain Spouse Visa?

To apply for a Spain spouse visa, the applicant must be the lawful spouse of a Spanish citizen or a legal resident of Spain. This includes both married couples and registered partners. The application process varies slightly depending on whether the sponsor is a Spanish national or a resident.

Who is Eligible for a Spain Spouse Visa?

Under Spanish immigration law, a “spouse” is defined as the legally married partner of a citizen or resident. To be eligible for sponsorship, the Spanish citizen or resident must meet specific criteria, including having legal residency status in Spain and sufficient financial resources to support their spouse.

For the spouse applying for the visa, several requirements must be met:

Legitimacy of Marriage: The marriage must be legally recognized and documented.
Duration of Relationship: While there is no strict requirement regarding how long the couple must have been together before applying, evidence of a genuine relationship may be requested.

Types of Spain Spouse Visas

Spain offers different types of spouse visas based on the nationality of the applicant:

Visa for Non-EU Spouse

Non-EU nationals married to Spanish citizens or residents must follow specific requirements:

Documentation: Applicants need to provide proof of marriage, the Spanish partner’s residence status, and evidence showing the legitimacy of their relationship.
Application Process: The application is typically submitted at the nearest Spanish consulate in the applicant’s home country. Processing times can vary but generally take around two months.

Visa for EU/EEA Spouse

Spouses of EU/EEA citizens residing in Spain have a more straightforward process. They do not require a specific visa but must register their residence if staying longer than three months. Required documents include proof of marriage and the EU partner’s residency status in Spain.

Residence Card for Family Members of EU Citizens

If married to an EU citizen, non-EU spouses can apply for a residence card, which grants them rights similar to those of EU citizens. The application process involves submitting proof of marriage and documentation showing that the EU partner is residing in Spain.

Documents Required for Spain Spouse Visa

Applying for a Spain spouse visa involves submitting a comprehensive set of documents to demonstrate the legitimacy of the relationship and ensure compliance with Spanish immigration regulations. Both the applicant (the spouse seeking entry) and the sponsor (the spouse residing in Spain) must provide specific documentation.

Proof of Marriage: A marriage certificate is required, which must be legalized or apostilled. If either spouse has been previously married, proof of divorce must also be provided.
Proof of Financial Stability: The sponsor must demonstrate financial capability to support the applicant. This includes recent bank statements, income statements, or employment contracts showing sufficient funds to cover living expenses.
Health Insurance: Non-EU applicants need to provide proof of health insurance that covers medical expenses in Spain. The insurance must be valid for the duration of the stay and from an authorized provider.
Criminal Background Checks: Both spouses may need to submit criminal record checks from their respective countries, covering the last five years. This document must be authenticated and translated into Spanish.
Medical Certificates: The applicant must present a medical certificate indicating that they do not have any diseases that could pose a public health risk.
Translations and Legalization: All foreign documents submitted must be translated into Spanish by a certified translator and legalized or apostilled as necessary.

Additional Documentation

Residence Card: A certified copy of the sponsor’s valid Foreigner Identification Card (TIE) is required.
Application Form: The national visa application form (EX-19) must be completed and signed.
Photographs: Recent passport-sized photographs that meet specific requirements.
Proof of Housing: Documentation showing adequate housing arrangements in Spain, such as a rental agreement or property deed.

Application Process for Spain Spouse Visa

The process for applying for a spouse visa in Spain involves several key steps:

Gather Required Documents: Collect all necessary documents outlined above, ensuring they are complete and properly legalized or translated.
Complete the Visa Application Form: Fill out the national visa application form (EX-19), which can be found on the official website of the Spanish Ministry of Foreign Affairs.
Submit Application: Applications should be submitted in person at the nearest Spanish consulate or embassy. It is advisable to schedule an appointment in advance.
Biometric Data and Interview: Applicants may be required to provide biometric data (fingerprints) during their appointment. An interview may also be conducted to assess the legitimacy of the relationship.
Pay Fees: Payment for the visa application fee is typically required at the time of submission; ensure you check the exact amount beforehand.
Await Processing: After submission, applications are processed by Spanish authorities, who may contact you for additional information if needed.

Spain Spouse Visa Processing Time

Processing times for spouse visa applications can vary based on several factors, including the specific consulate’s workload and completeness of documentation.

Average Processing Times

Generally, processing times range from 2 to 3 months, but this can fluctuate based on individual circumstances and local conditions at the consulate or embassy.

Factors Impacting Processing Time

Completeness of Application: Incomplete applications can lead to delays; ensure all documents are submitted correctly.
Volume of Applications: High volumes during peak seasons may extend processing times.
Additional Requests: If authorities request further documentation or clarification, this will prolong the process.

What to Do If Delays Occur

If your visa application takes longer than expected:

Contact the Consulate: Reach out to the consulate or embassy where you submitted your application to inquire about its status.
Check Documentation: Ensure that all required documents are submitted correctly; missing information can cause delays.
Consider Legal Assistance: If significant delays occur without explanation, consulting an immigration lawyer may provide additional insights or solutions.

Visa Fees for Spain Spouse Visa

When applying for a Spain spouse visa, applicants must be aware of the associated fees. The application fee for a spouse visa typically amounts to €123 for long-stay visas. This fee is essential for processing the application and is non-refundable, regardless of the outcome.

Additional Costs

In addition to the basic application fee, there are several potential additional costs that applicants should consider:

Document Translation: If documents such as marriage certificates need to be translated into Spanish, hiring a certified translator can incur costs ranging from €30 to €100 per document, depending on the length and complexity.
Apostille Fees: For documents issued outside Spain, obtaining an apostille can also add to expenses. This process typically costs around €20 to €50 per document.
Biometric Fees: Some applicants may be required to pay additional fees for biometric data collection during the visa application process.

Understanding these costs can help applicants budget effectively for their visa application.

Financial Requirements for Spain Spouse Visa

To successfully apply for a Spain spouse visa, the sponsor (the Spanish citizen or resident) must meet specific financial requirements. The minimum income requirement is typically set at approximately €1,200 per month, although this amount can vary based on family size and location in Spain.

Proof of Financial Stability

Sponsors must provide proof of their financial stability through various documents, including:

Bank Statements: Recent bank statements showing regular income and sufficient funds.
Employment Contracts: A copy of the employment contract or pay slips that demonstrate stable income.
Tax Returns: Recent tax returns may also be required to verify annual income.

What Counts as Sufficient Income

In addition to regular income, other forms of financial support may count towards meeting the requirements:

Assets: Ownership of property or significant assets can bolster the application.
Savings: A substantial amount in savings accounts can demonstrate financial stability.
Investments: Proof of investments that generate income may also be considered.

Providing comprehensive financial documentation is crucial for a successful application.

Health Insurance Requirement for Spain Spouse Visa

For non-EU applicants, obtaining mandatory health insurance is a critical aspect of the Spain spouse visa application process. This requirement ensures that all applicants have access to healthcare services while residing in Spain.

Options for Obtaining Health Coverage

Applicants have several options when it comes to health insurance:

Private Health Insurance: Many choose private health insurance plans that cover a wide range of medical services. These plans must meet specific criteria set by Spanish authorities.
Public Healthcare Access: If the sponsor is a legal resident or citizen, their spouse may gain access to public healthcare once they obtain residency status.

The health insurance policy must cover medical emergencies and repatriation costs.

Health Insurance Requirements for Dependents or Children

If dependents or children are included in the spouse visa application, they must also have appropriate health coverage. The same standards apply; thus, ensuring that all family members are adequately insured is vital before moving to Spain.

Family Reunification for Spouse Visa Holders

The Spain spouse visa is integral to the family reunification process, allowing non-EU residents to bring their families to Spain. This visa facilitates the reunion of spouses and dependent children, ensuring that families can live together in Spain.

Bringing Children or Other Dependents

Once a spouse visa is obtained, holders can apply for family reunification for their children or other dependents. Eligible dependents typically include:

Children: Biological or legally adopted children under 18 years old.
Parents: In certain cases, elderly parents who are financially dependent on the visa holder may also qualify.

To initiate this process, the sponsor (the spouse residing in Spain) must first apply for authorization to reside with their family members at the local immigration office. This authorization is crucial before dependents can apply for their visas.

Updating Family Details or Applying for Dependent Visas

If there are changes in family circumstances (e.g., the birth of a child), the spouse visa holder must update their details with the immigration authorities. The process involves submitting relevant documents, such as birth certificates and proof of relationship, along with a new application for dependent visas if applicable.

The general procedure includes:

Application Submission: The sponsor applies to the immigration office.
Documentation: Required documents include proof of relationship (e.g., birth certificates), financial stability evidence, and adequate housing arrangements.
Visa Application: Once approved, dependents must apply for their visas at the Spanish consulate in their home country.

Living in Spain on a Spouse Visa

Spouse visa holders enjoy specific rights and responsibilities while living in Spain. Understanding these aspects is essential for a smooth transition into life in Spain.

Rights and Responsibilities

Validity: The spouse visa is typically valid for one year and is renewable. After two years of legal residence, holders may apply for permanent residency.
Work and Study Rights: Spouse visa holders have the right to work and study in Spain without restrictions, allowing them to pursue educational opportunities or employment while living in the country.
Healthcare Access: Visa holders are entitled to access public healthcare services once they register with the local health system.

Applying for a Family Residence Card

After arriving in Spain, spouse visa holders should apply for a family residence card (Tarjeta de Identidad de Extranjero – TIE) within 30 days of entry. The application process involves:

Gathering Required Documents: This includes the application form (EX-17), proof of fee payment, passport-size photographs, and proof of residency status.
Submitting Application: Applications should be submitted at the local police station or immigration office.
Collecting the Card: After processing, which typically takes about 30 days, applicants can collect their TIE.

Common Reasons for Spain Spouse Visa Refusals

Despite thorough preparations, some applications may be denied due to specific issues or mistakes during the process.

Insufficient Financial Proof: Applicants must provide clear evidence of financial stability; failure to do so can lead to rejection.
Lack of Valid Documents: Submitting incomplete or expired documents can result in denial. It’s crucial to ensure all paperwork is current and correctly formatted.
Inadequate Proof of Relationship: Documentation proving the legitimacy of the marriage must be comprehensive; insufficient evidence can jeopardize the application.

Avoiding Common Pitfalls

To enhance the chances of approval:

Double-Check Documentation: Ensure all required documents are included and properly translated into Spanish.
Provide Detailed Financial Evidence: Include bank statements, employment contracts, and any other relevant financial documentation.
Be Prepared for Interviews: If called for an interview, be ready to discuss your relationship openly and honestly.

What to Do If Your Application Is Rejected

If a spouse visa application is rejected, applicants have several options:

Understand Reasons for Denial: Carefully review the rejection notice to understand why your application was denied.
Appeals Process: Applicants can appeal the decision within one month by submitting a formal appeal letter along with any additional documentation that addresses the reasons for denial.
Reapply If Necessary: If appealing is not feasible or successful, consider reapplying after addressing any issues highlighted in the rejection notice.

Visa Renewal and Extension for Spain Spouse Visa

Renewing or extending a Spain spouse visa is essential for maintaining legal residency in Spain. The process typically involves submitting an application to the Immigration Office before the current visa expires. It is advisable to start this process at least 60 days prior to the expiration date to ensure ample time for processing.

Documentation Needed for Renewal

When applying for a renewal of the spouse visa, several documents are required:

Valid Passport: A current passport that remains valid throughout the renewal process.
Marriage Certificate: Proof of marriage, which may need to be translated into Spanish if issued in another language.
Proof of Cohabitation: Documentation demonstrating that the couple has been living together, such as utility bills or joint bank statements.
Financial Evidence: Updated proof of financial stability, including bank statements, employment contracts, and tax returns.
Health Insurance: Proof of health insurance coverage for the spouse.

These documents help demonstrate the legitimacy of the marriage and the couple’s ability to support themselves financially.

Transitioning from Temporary Residence Card to Permanent Residency

After living in Spain for a certain period, spouses may be eligible to transition from a temporary residence card to permanent residency. Typically, this requires living in Spain for five years under a valid residence permit. To apply for permanent residency, applicants must provide:

Evidence of continuous residence in Spain.
Documentation proving financial stability.
Updated marriage documentation.

Successful applicants will receive a permanent residence card, allowing them to live and work in Spain indefinitely.

Dual Citizenship and Spain Spouse Visa

Marriage to a Spanish citizen can significantly impact a spouse’s citizenship status. Under Spanish law, spouses of Spanish citizens may apply for citizenship after one year of legal residence in Spain, provided they meet specific criteria.

Pathways to Spanish Citizenship for Spouses

To qualify for Spanish citizenship through marriage, applicants must:

Demonstrate a genuine relationship with their spouse.
Show integration into Spanish society, which may include language proficiency and knowledge of Spanish culture.
Provide proof of legal residence in Spain for at least one year.

This pathway offers a more expedited route compared to standard naturalization processes, which typically require ten years of residency.

How to Apply for Naturalization

To apply for naturalization after meeting residency requirements, applicants must apply to the Civil Registry. Required documents include:

A completed application form.
Proof of identity and legal residence.
Marriage certificate.
Evidence of integration into Spanish society (e.g., language certificates).

The naturalization process can take several months, during which applicants may be required to attend an interview.

Spain Spouse Visa for Same-Sex Couples

Spain recognizes same-sex marriages, granting equal rights under immigration laws. This legal recognition means that same-sex spouses can apply for a spouse visa under the same conditions as opposite-sex couples.

Process for Obtaining a Spain Spouse Visa for Same-Sex Partners

Same-sex couples applying for a spouse visa must follow similar procedures as heterosexual couples. Required documentation includes:

A valid marriage certificate recognized by Spanish authorities.
Proof of cohabitation and shared financial responsibilities.
Evidence of sufficient income or financial resources.

The application is submitted at the nearest Spanish consulate if applying from abroad or at the local immigration office if already in Spain.

Rights and Benefits for Same-Sex Spouses

Same-sex spouses enjoy the same rights and benefits as opposite-sex spouses under Spanish immigration laws. This includes access to healthcare, work permits, and eligibility for family reunification. Additionally, same-sex couples can benefit from pathways to permanent residency and citizenship just like their heterosexual counterparts.

Visa for Common-Law Partners (De Facto Partnerships)

In Spain, unmarried partners in long-term relationships can apply for family reunification through a visa designated for de facto partnerships, known as Pareja de hecho. This visa allows couples who live together and share a committed relationship to enjoy similar rights as married couples, including residency and family reunification.

Proving a Stable and Lasting Relationship

To qualify for a de facto partnership visa, applicants must provide substantial evidence of their stable and lasting relationship. Documentation may include:

Joint Financial Accounts: Bank statements showing shared accounts or joint financial responsibilities.
Shared Lease or Property Ownership: Evidence of cohabitation, such as a lease agreement or property deed.
Photographs Together: Pictures from various occasions that demonstrate the relationship’s history.
Affidavits from Friends and Family: Statements from relatives or friends attest to the authenticity and stability of the relationship.

These documents help establish that the partnership is genuine and not solely for immigration purposes.

Differences Between Formal Marriage and De Facto Partnership Visa

While both marriage and de facto partnership visas allow for family reunification, there are key differences:

Legal Recognition: A marriage is a formal legal contract recognized universally, while a pareja de hecho may require registration with local authorities to gain legal status.
Documentation Requirements: The documentation needed for a spouse visa may differ slightly from that required for a de facto partnership visa, particularly regarding proof of the relationship’s duration.
Residency Rights: Both types of visas provide similar residency rights; however, specific benefits may vary depending on regional laws governing civil partnerships.

Post-Visa Approval: What to Do After Getting Your Spain Spouse Visa

Once the spouse visa is approved, several important steps must be taken to ensure compliance with Spanish regulations and to establish residency.

Steps After Visa Approval

Register with Local Authorities: Upon arrival in Spain, visa holders should register at the local town hall (ayuntamiento) within 30 days. This registration is crucial for obtaining a residence card.
Apply for a Residence Card: After registering with local authorities, the next step is to apply for a family residence card (Tarjeta de Identidad de Extranjero – TIE). This card serves as proof of legal residency in Spain.
Gather Required Documents: The application for the TIE requires documents such as:
- The approved spouse visa.
- Valid passport.
- Recent passport-sized photographs.
- Proof of residence registration.
Submit Application: Applications for the TIE should be submitted at the local police station or immigration office. Processing times can vary but typically take around 30 days.

Challenges and Delays in Spain Spouse Visa Process

The journey to obtaining a spouse visa can be fraught with challenges and potential delays. Understanding common issues can help applicants navigate the process more effectively.

Common Reasons for Delays

Incomplete Documentation: Missing or improperly prepared documents can lead to significant delays. It is essential to ensure that all paperwork is complete and correctly formatted before submission.
High Application Volume: Certain times of the year may see an influx of applications, which can slow processing times at consulates and immigration offices.
Requests for Additional Information: Authorities may request further documentation or clarification on specific points, which can prolong the application process.

Handling Complications or Missing Documents

If complications arise during the application process:

Contact the Consulate or Immigration Office: Reach out directly to inquire about your application status and any outstanding requirements.
Prepare Additional Documentation Promptly: If requested, gather and submit any additional documents as quickly as possible to avoid further delays.

Expected Timeline for Decision

The processing time for spouse visa applications generally ranges from 2 to 3 months, although this can vary based on individual circumstances. Applicants should remain patient but proactive in following up on their application status if it exceeds this timeframe.

Spouse Visa vs. Tourist Visa for Spouse of Spanish Resident

When considering a long-term stay in Spain as the spouse of a Spanish resident, understanding the differences between a spouse visa and a tourist visa is crucial. A spouse visa is specifically designed for individuals married to Spanish citizens or residents, allowing them to reside and work in Spain legally. In contrast, a tourist visa permits short stays, typically up to 90 days, for tourism or visiting family.

Risks of Using a Tourist Visa for Long-Term Stays

Using a tourist visa for long-term stays poses significant risks. Tourist visas do not allow for employment or extended residency; overstaying can lead to legal penalties, including fines or deportation. Moreover, transitioning from a tourist visa to a spouse visa while in Spain can be complicated and may require leaving the country to apply at a consulate.

Transitioning from a Tourist Visa to a Spouse Visa

If you are already in Spain on a tourist visa and wish to switch to a spouse visa, you must exit Spain and apply through the appropriate Spanish consulate in your home country. This process involves gathering the necessary documentation, such as proof of marriage and financial stability and can take several months.

Living in Spain as a Spouse of a Spanish Citizen

Living in Spain as the spouse of a Spanish citizen comes with numerous rights and benefits. Spouses are entitled to reside legally in Spain, access healthcare services, and work without restrictions once they obtain their residence card. This status also allows spouses to apply for family reunification for dependents.

Social and Cultural Integration

Integration into Spanish society is essential for new residents. Spouses can participate in various social activities, language courses, and cultural events that promote community engagement. Learning Spanish is particularly beneficial, as it not only enhances communication but also fosters deeper connections within the local community.

Local Resources for Immigrants

Spain offers numerous resources for immigrants, including:

Language Courses: Many organizations provide language classes tailored to different proficiency levels.
Cultural Centers: These centers often host events that celebrate local traditions and facilitate cultural exchange.
Expat Communities: Joining expat groups can provide support and networking opportunities, helping newcomers adjust more easily.

Obtaining a spouse visa is the first step toward establishing a new life in Spain. To ensure long-term stability after arriving on this visa, it is essential to maintain legal residency by adhering to renewal requirements and staying informed about local laws.

Building a support network through community engagement and utilizing available resources will facilitate smoother integration into Spanish society. Additionally, pursuing opportunities for personal and professional development will enhance the overall quality of life.

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your Spain Spouse Visa straightforward and successful. Whether you’re applying for a Residence Visa or a Visit Visa, we handle every step—from preparing your application to gathering the required documents.

Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.

Law and Visas have a strong record of helping clients secure the visas/permits they need to visit Spain. You can call us today at +234 812 5505 986 to learn how we can help you