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Marriage to a Spanish Citizen: Requirements, Residency, and Nationality

Marriage to a Spanish Citizen: Requirements, Residency, and Nationality Publicado: 05-02-2025

Marrying a Spanish or EU citizen carries important legal implications and migration rights in Spain. This process can facilitate obtaining residency and, in some cases, allow access to Spanish nationality. In this guide, we explain the requirements, benefits, and procedures necessary to regularize your status in Spain after marriage.

Residency by Marriage: EU Citizen Family Member Residence Card and Family Roots

One of the main benefits of marrying a Spanish or EU citizen is the possibility of obtaining legal residency in Spain. There are two main options:

EU Citizen Family Member Residence Card

Allows spouses of EU citizens to reside and work legally in Spain. To apply, the following is required:

  • Marriage certificate.
  • Passport of the foreign spouse.
  • Registration certificate of the EU citizen in Spain.
  • Proof of sufficient financial means.
  • Public or private health insurance.

Family Roots

When the EU Citizen Family Member Residence Card is not an option, Family Roots can be an alternative, granting temporary residency based on family ties with Spanish citizens.

Marriage to a Spanish Citizen: Procedure and Documentation

When a foreigner marries a Spanish citizen, they must apply for Family Roots by presenting:

  • Spanish citizen’s DNI.
  • Legalized marriage certificate.
  • Additional proof depending on the specific case.

This process allows the foreign spouse to regularize their residency status in Spain.

Marriage to an EU Citizen

If the spouse is a citizen of the European Union (EU) or the European Economic Area (EEA), they must apply for the EU Residence Card to live and work in Spain.

Requirements:

  • Marriage certificate.
  • Registration certificate of the EU citizen in Spain.
  • Passport of the foreign spouse.
  • Proof of sufficient financial means.
  • Health insurance.

Marriage Celebrated in Spain

Any foreigner can marry in Spain regardless of their immigration status. A marriage file must be completed at the Civil Registry or before a notary. Once the marriage is formalized, the foreign spouse can apply for residency by following the established procedures.

Marriage Celebrated Abroad

If the marriage took place outside Spain, additional requirements must be met:

  • If the spouse is Spanish: The marriage must be registered with the Spanish Civil Registry to be valid in Spain.
  • If the spouse is an EU citizen: The marriage must be registered in the National Registry of the country of origin before applying for the EU Residence Card.

Spanish Nationality by Marriage

To obtain Spanish nationality through marriage, the following is required:

  • Legally residing in Spain for at least 1 year.
  • The marriage must be legally recognized and registered in Spain.
  • Demonstration of good civic conduct (criminal record certificate).
  • Proof of social or employment ties (work contracts, rental agreements, etc.).
  • Passing the CCSE exam (constitutional and cultural knowledge of Spain).

Procedure for Obtaining Residency by Marriage

Steps to follow:

  1. Register the marriage at the Spanish consulate in the country of origin or the last country of residence.
  2. Travel to Spain with the Spanish or EU spouse and register together.
  3. Apply for the Residence Authorization as a Family Member of an EU Citizen.

Deadlines and Procedures

The residency application process usually takes 3 to 6 months, provided the documentation is complete and correct. Once the application is approved, the applicant must visit a police station for fingerprint collection and receive the EU Residence Card.

Requirements for the EU Citizen Family Member Residence Card

To obtain the card, the following requirements must be met:

  • Registered marriage and proof of cohabitation for at least 1 year.
  • No criminal record in the last 5 years.
  • Not being prohibited from entering Spain.
  • Payment of the corresponding fee.
  • The Spanish spouse must demonstrate stable income or sufficient financial means.
  • Having public or private health insurance.

Required Documents for Residency by Marriage

To apply for residency by marriage, the essential documents include:

  • Birth and marriage certificates, legalized and apostilled.
  • Valid passport of the applicant.
  • EU citizen certificate of the Spanish spouse.
  • Joint registration certificate.

Conclusion

Marrying a Spanish or EU citizen is not only a personal commitment but also an opportunity to obtain residency and, eventually, Spanish nationality. However, it is essential to comply with all legal requirements and procedures to avoid migration issues.

Need legal assistance for your residency process?

At Gentile Law, we have a team of immigration law experts ready to assist you at every step of the process. If you need personalized help to ensure your application is approved without complications, contact us today, and we will guide you through the entire legal process.

 

Pablo Lanfranchi
pablolanfranchi@gentile.law
+34 604 516 052

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