Residence in Spain for Same-Sex Couples: Requirements and Procedures

Spain is one of the most inclusive countries in Europe and, since 2005, has recognised same-sex marriage and granted the same rights to same-sex couples. This includes the possibility for a foreign partner to obtain legal residence in Spain, either through marriage, civil partnership, or family reunification.

In this GayLawyers guide, we explain step by step the available options, the requirements that must be met, and how our team can assist you throughout the entire process.

Legal Options for Foreign LGBTQ+ Couples

Marriage registered abroad: Spain recognises same-sex marriages celebrated in other countries where they are legally valid.
Marriage in Spain: foreign couples can marry in Spain if they meet the legal requirements.
Civil partnership (pareja de hecho): a valid alternative, although residency rights may vary depending on the autonomous community.

Family Reunification for Same-Sex Couples

If one member of the couple is a Spanish or EU citizen, the foreign partner can apply for residence as a family member of a Spanish national or EU citizen, depending on the nationality of the resident in Spain.

If both partners are from non-EU countries, other legal avenues may be available, such as family reunification or residence permits on exceptional grounds. Each case must be analysed individually, as options may vary depending on the country of origin.

Main Requirements to Obtain Residence

Marriage certificate or registration as a civil partnership.
Proof of residence in Spain (empadronamiento).
Proof of cohabitation (in certain cases).
Valid passport and official documentation, translated and legalised.

At GayLawyers, we handle the review of all documents, prevent errors, and ensure the correct submission of the application before the immigration authorities.

Procedure Step by Step

Gather the required documentation.
Submit the application at the Immigration Office or the relevant Spanish consulate.
Wait for the decision (usually between 3 and 6 months).
Apply for the residence card (TIE) at the police station.

Common Obstacles and Solutions for Same-Sex Couples

Coming from countries that do not recognise same-sex marriage → solution: marry in Spain.
Lack of evidence of cohabitation → solution: alternative proofs (rental contracts, joint bank accounts, utility bills).
Issues with translations, apostilles or legalisation → solution: GayLawyers can assist with sworn translation and administrative support.

Frequently Asked Questions (FAQ)

What if my country does not recognise same-sex marriage?
You can get married in Spain as long as you meet the legal requirements, regardless of your nationality.

How long does the family reunification process take?
It depends on the type of residence permit being processed and the immigration office handling the application. The timeframe may range from 3 months to one year, as some requirements must be met before submission.

Can I bring my partner if we are only in a civil partnership?
It depends on whether you are Spanish or not and, if not, on the type of residence authorisation you hold. Requirements also vary between autonomous communities.

How Can GayLawyers Help You?

At GayLawyers, we are proud allies of the LGBTQ+ community. Our team provides:

Specialised advice in immigration and LGBTQ+ family law.
Defence in cases of administrative or legal discrimination.
Comprehensive support throughout the entire residence process.

Spain protects the rights of same-sex couples and guarantees access to legal residence. With the support of GayLawyers, the process becomes much simpler, safer, and faster.