What is important for a foreigner to know after marriage – Residence permit by marriage

The logical question that arises after a wedding in Spain is, what next? What steps need to be taken?

The first step is to obtain a residence permit by marriage to obtain a Spanish resident card. The application process is different for a non-resident depending on his country of residence.

If your spouse is a citizen of the EU, Iceland, Liechtenstein, Norway and Switzerland, you can submit:
1. in Spain, even if you are illegally in the country, at the Immigration Office, where both spouses are registered;
2. at the Spanish Consulate in the country of residence.
!!! In the first case, you need to apply for a residence permit of a family member of an EU citizen; in the second – for a temporary residence visa for EU family members.

What package of documents must be provided:
– International passport
– DNI, EU resident card or Spanish spouse’s passport
– Certificate of marriage (Certificado de matrimonio)
– Joint registration
– Social security card of the spouse or resident of Spain
– Financial guarantees

If your choice fell on a non-EU citizen, filing is possible only at the Spanish Consulate in the country of residence. The reunification process is longer and burdened with bureaucratic processes. First, the spouse on the part of Spain is obliged to apply for a residence permit for reunification. Only after receiving Favorable, the second partner can apply for a D visa on the basis of family reunification in the general regime to enter the country and issue a resident card.

The second important stage is the marriage contract. Spain has 3 regimes governing marriage property:

Separación de bienes – property that spouses acquired together during marriage is not joint property. Everyone is responsible for their own expenses and purchases, which is confirmed, for example, by the name on the purchase receipt.

Sociedad gananciales – all property acquired during the marriage is shared and will be divided equally in the event of divorce.

Régimen de participación is a mixed mode that is intermediate between those mentioned above.

!!! In almost all of Spain, the regime of joint ownership is applied, but there are exceptions. In Aragon, Catalonia, Balearic Islands, Valencia and Vizcaya, the separate property regime is in effect by default.
Important!!! In case of joint ownership, debts, taxes, fines and even personal loans of one of the spouses are shared between spouses !. Therefore, if for some reason one is not able to pay the debt, then the second can be requested.

The third, and no less important factor, concerns the benefits for a newly-made resident of Spain:
– If you are married to a Spaniard after a year, you are eligible to apply for Spanish citizenship.
– When marrying a tax resident, you can take advantage of joint income tax, which entails tax incentives.
– A residence permit gives the right to work both for oneself and for hire, if the spouse is a citizen of Spain and the EU. Otherwise, the work permit is equivalent to the residence of the spouse.
– Obtaining a residence permit for 5 years. An exception is if the spouse is a citizen of 3 countries where the visa is issued for the period of his permission to stay in Spain.
– Free movement within the Schengen countries.

Do you have any questions or need a consultation? Contact us, we will be happy to help.