Due to the inquiries we receive daily, we would like to share the information issued by the Ministry of Foreign Affairs, European Union and Cooperation of Spain, published on August 21, by which they announce a new entry procedure to Spain for those foreign couples of EU citizens or unmarried and unregistered couples of Spaniards.
According to the Ministry itself, "it has established a procedure for the entry into Spain of unmarried and unregistered foreign couples of EU citizens", together with the Ministry of the Interior .
The Ministry provides that foreigners wishing to enter Spain may obtain a positive assessment that would facilitate their entry into Spain, provided that they present documentary evidence to the Consulate, either to visit or to reside with their partner. In these cases they will be issued a safe-conduct or certificate of support that will allow the foreigner to accredit before the authorities at the different border posts the reason for the trip, which is not for tourism.
For this reason, the interested foreigner will need to appear before the corresponding Consular Office to present evidence that "accredits documentarily that he/she is a stable and lasting couple, assimilable to a common-law couple". In these cases, any means of proof admitted in law are admitted. In these cases, you may consult with us in order to provide you with the best advice that fits your personal and family circumstances.
WHAT DOCUMENTATION MUST THE UNMARRIED, UNREGISTERED SPANISH PARTNER PRESENT?
According to the Ministry, the set of evidence that can be presented "is broad, flexible and non-exhaustive and includes any document that can be accredited, both from the local authorities and from the Spanish authorities, or even rental contracts, common invoices, invitations to events, etc.".
This is the textual list of the necessary documents to be provided by the Spanish partner or unmarried and unregistered foreign partner of an EU citizen :
- Proof that the foreigner is traveling with the EU citizen to meet him/her: joint plane tickets, notarized statement of the EU citizen, etc.
- Evidence of a stable and long-lasting relationship (non-exhaustive and non-exclusive list of documents):
- Documents from local authorities from which the existence of the lasting bond can be inferred (apostilled or legalized).
- Documents from Spanish authorities or organizations: accreditation of an appointment to marry in Spain, registration in the Spanish census, etc.
- Joint rental agreements, joint ownership of bank accounts, joint invoices, joint ownership of property, invitations to family events such as weddings, etc.
IS COVID-19 THE SOLUTION TO THE PROBLEM OF SEPARATED COUPLES?
Spain may have implemented this procedure to join the European Council's request to find a solution to the problem of the number of couples of different nationalities separated due to Covid-19. A problem that has created a very strong social media movement called "#Loveis not tourism".
This movement advocates eliminating the limitations that couples currently have to reunite and be together, as long as they can demonstrate that, despite not having legally formalized their relationship, they do have a stable commitment and a relationship analogous to the marital one, even if it is in different places or even at a distance .
Many European institutions support this initiative. The head of Home Affairs, Ms. Ylva Johansson, assured that she "fully" supports a common European approach to allow third country nationals into the EU. Ylva Johansson, assured that she "fully" supports a common European approach that would allow third-country nationals to enter the EU "if they have duly accredited relations with European citizens and residents.".
The European Commission announced that it is holding meetings with border authorities. "Member States can, with the law in hand, allow the entry of unmarried couples, but it is up tothem to decide," explained Adalbert Jahnz, EU spokesman for Migration. He said the commission encourages member states to make use of this possibility.
NOT ALL COUNTRIES ALLOW THE ENTRY OF UNMARRIED AND UNREGISTERED EU COUPLES
Finally, it is worth mentioning that although the European regulations establish as persons exempt from travel restrictions "the partner with whom the Union citizen has a stable relationship, duly proven", not all Member States and Schengen countries follow this guideline, among them was Spain.
Only the Czech Republic, Denmark, Finland, France, the Netherlands, Australia, Norway, Germany, Iceland and Switzerland allowed a non-European to enter to join his or her national or resident partner despite not being married to him or her.
If you are the partner of an EU or Spanish citizen, and you have not been able to meet this person, you are in time to request your safe-conduct to be able to enter Spanish territory without any inconvenience. Send us your free web consultation and we will gladly help you in your case.
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