Getting a Spousal Visa for Spain (as a non-EU citizen)
A really common question is how to join your partner/spouse overseas.* Assuming you're a non-EU citizen, your route to visa success branches significantly based on whether your spouse:
- lives in Spain and is already an EU citizen
- lives in Spain and has legal residency (but is not an EU citizen)
If your spouse is an EU citizen, and you're from a visa-exempt country, you have the simplest route. You can show up to Spain without a visa and apply for an EU/EEA family member residence card, which allows you to stay and work in the country if desired. You will need to submit this application within 3 months of your arrival and you will need to prove a few things (see Documentation section @ link above).
The general idea is you want to show:
- You are actually spouses**
- You will not be a burden to the Spanish government and healthcare system
- You are not a criminal
This visa lasts 5 years, and upon successful renewal you can apply for a longterm residency card.
If your spouse is not an EU citizen but has legal residency, they can apply on your behalf under family reunification. They will be your sponsor, and as such the list of requirements can be lengthy and complex.
The general idea is you want to prove that:
- You are actually spouses
- Your spouse has the means (housing, finances, health insurance) to ensure a good quality of life for you and that, by joining them, you both will not be a burden to the Spanish government and healthcare system
- You are not a criminal
Once the family reunification application your spouse submits is approved, you must then file your own residency application which allows you to live and work in Spain.
This visa lasts 1 year, and can be renewed.
*Cases can be highly complex depending on the situation, so I really recommend contacting an immigration lawyer with specific questions.
**Spain is much more accommodating than some other EU countries on the definition of your relationship. In particular, Common Law Partnerships are considered valid for the purposes of a spousal visa. You must have evidence you were co-habitating with your partner prior to your arrival in Spain. Civil Partnerships, where you're not married, but your relationship has been legalized in your home country, also qualify.