Moving to Spain with your same-sex partner

From an immigration perspective, there are several important points to understand:

• Spain recognizes same-sex marriage.

• There is no specific “LGBT+ visa” for Spain.

• The correct visa or residence permit depends on the purpose of the move and the circumstances of the applicant.

• Being unmarried does not automatically prevent your partner from qualifying under a family route, although the possibilities and evidence required depend on the immigration procedure.

• Foreign marriage, partnership and family documents should be reviewed before the application to determine whether they require legalization, an Apostille, a sworn translation or other supporting evidence.

For couples and families, planning the immigration route and preparing the family documentation should ideally be treated as part of the same process.

Moving to Spain with your same-sex partner

If you want to move to Spain with your partner, there is no single immigration procedure that applies to every couple.

The appropriate route will depend on factors including:

• each partner’s nationality;

• whether you are married, registered partners or an unmarried couple;

• the immigration status of the main applicant;

• the reason for moving to Spain;

• and where the application will be submitted.

If your partner is a Spanish citizen

If one member of the couple is Spanish, the first step is to assess the residence route available to family members of Spanish citizens.

It will also be necessary to determine how the relationship should be documented.

The circumstances may differ depending on whether you are married, in a registered partnership or relying on another type of relationship recognized under the applicable procedure.

If your partner is an EU, EEA or Swiss citizen

If the main applicant is an EU, EEA or Swiss citizen, the residence rules applicable to family members of EU citizens may apply.

The nature of the relationship and the documentation available should be reviewed to establish the appropriate procedure.

If one of you is applying for Spain’s Digital Nomad Visa

Spain’s Digital Nomad Visa and residence framework can allow qualifying family members to apply in connection with the main applicant when the relevant requirements are met.

This may make it possible to coordinate the relocation of both partners and, where applicable, their children.

If one of you is considering the Digital Nomad Visa in Spain, it is therefore advisable to determine from the outset whether the other partner can be included in the same immigration strategy and what evidence of the relationship will be required.

If one of you is a Highly Qualified Professional

Certain residence routes for Highly Qualified Professionals also allow qualifying family members to apply in connection with the main applicant.

The relationship documentation should be checked before filing to ensure that it is appropriate for the procedure being used.

If your partner already lives in Spain

If your partner is already a non-EU resident in Spain, family reunification or another residence option may need to be considered.

The correct procedure will depend on the residence permit your partner holds, how long they have been resident and your particular family circumstances.

Are you planning to move to Spain together?
Our team can review both your immigration options and the documents you will use to prove your relationship before you submit your application.

Do we need to be married to move to Spain together?

Not necessarily.

Marriage is one way of establishing a family relationship for immigration purposes, but it is not the only relationship that may be relevant under Spanish immigration rules.

The treatment of a couple depends on the specific residence procedure.

Married couples

If you are married, you will normally need to provide an appropriate marriage certificate and ensure that any foreign documents meet the formal requirements for use in Spain.

Registered partners

A formally registered partnership may also be recognized for certain immigration procedures.

The precise route will depend on the status of the main applicant and the regime under which residence is being requested.

Moving to Spain with an unmarried partner

Some immigration procedures may allow a stable relationship to be recognized even where the couple is neither married nor formally registered.

In these cases, proving that the relationship exists and is stable becomes particularly important.

The evidence required will depend on the procedure and the couple’s circumstances.

This also means that registering as a Spanish pareja de hecho is not automatically necessary in every immigration case.

Before registering a partnership solely for immigration purposes, it is worth establishing whether registration is actually required for the residence route you intend to use.

Does Spain recognize same-sex marriages performed abroad?

For international couples, one of the most important questions is whether a marriage or registered partnership formalized in another country can be used as part of a Spanish immigration application.

Foreign marriage or partnership certificates may need to be apostilled or legalized and, where applicable, accompanied by a sworn translation before they can be submitted to the Spanish authorities.

The exact requirements depend on factors such as:

• the country that issued the document;

• the type of document;

• and the immigration procedure in which it will be used.

Reviewing these documents before starting the application can help identify problems before the authorities request additional evidence.

There can also be more complex situations.

If the applicants come from a country that does not recognize their relationship in the same way as Spain, the absence of a particular type of marriage or partnership certificate does not necessarily mean that no immigration option exists.

The relevant question is what type of relationship can be demonstrated and what evidence is accepted under the immigration route being considered.

Same-sex marriage in Spain for foreigners

Being in a same-sex marriage does not create a separate immigration category.

Instead, the immigration consequences of the marriage depend primarily on the status of each spouse.

For example, the procedure may be different where one spouse is:

• a Spanish citizen;

• an EU, EEA or Swiss citizen;

• an applicant under a residence permit such as the Digital Nomad route;

• or another non-EU resident in Spain.

The marriage documentation and the applicable residence regime therefore need to be considered together.

Moving to Spain from the US as an LGBT+ person or couple

The United States is one of the countries from which many international professionals, couples and families consider relocating to Spain.

If you are moving from the US, the first step is to determine which Spanish visa or residence permit fits the reason for your move.

If you are relocating with a spouse or partner, your relationship documentation should be reviewed at the same time.

For couples married in the United States, this can include checking how the US marriage certificate must be prepared for use in the Spanish immigration procedure and whether an Apostille and sworn translation are required.

If you are an unmarried couple, the analysis may be different. The immigration route being used will determine whether an unmarried or stable partner can qualify and what evidence is needed to demonstrate the relationship.

Your options may also differ depending on whether the main applicant is moving to Spain as:

• a remote worker;

• an employee;

• a Highly Qualified Professional;

• a student;

• a financially independent applicant;

• a family member;

• or under another residence category.

For this reason, it is usually more effective to consider your visa strategy and your family situation together, rather than treating them as separate procedures.

Moving to Spain as an LGBT+ family with children

If you are relocating to Spain with children, the immigration analysis extends beyond the residence status of the adults.

It is also important to establish how the parental relationship and the children’s documentation will be presented to the Spanish authorities.

Depending on your family’s circumstances, documents to review may include:

• birth certificates;

• documents establishing legal parentage;

• adoption documents;

• custody decisions or agreements;

• and other family records issued outside Spain.

This can become particularly important when parentage is documented differently in the country of origin from the way it needs to be demonstrated within a Spanish administrative procedure.

Some family situations may require a more detailed analysis before relocation, including cases in which foreign parentage documentation raises specific recognition issues.

Moving to Spain with your children?
We can review your family documentation before the immigration applications are filed and identify any parentage, custody or documentary issues that should be addressed in advance.

Moving to Spain as a trans or non-binary person

Trans and non-binary people considering a move to Spain may have both general questions about life in the country and specific concerns about immigration documentation.

These should be treated separately.

Is Spain trans-friendly?

Spain has a legal framework providing protection against discrimination based on sexual orientation and gender identity.

However, no country can guarantee the same personal experience in every location or situation, and day-to-day experiences may vary according to city, workplace and individual circumstances.

For someone considering relocation, the more specific immigration question is usually whether their current and historical documents can be used consistently during the application process.

What about trans healthcare in Spain?

Access to healthcare in Spain depends on the individual’s circumstances, residence status and the healthcare system they are entitled to use.

In addition, some immigration routes require applicants to demonstrate appropriate health insurance as part of the application process.

If continuity of a particular treatment is an important part of your relocation plans, healthcare arrangements should therefore be considered alongside —but separately from— your immigration application.

From an immigration perspective, our role is to assess the residence route and any insurance or documentation requirements attached to that procedure.

What if your passport and previous documents do not match?

One practical immigration issue for some trans and non-binary applicants is that their current passport may contain different personal details from documents issued earlier in their life.

This can affect documents such as:

• birth certificates;

• criminal record certificates;

• academic qualifications;

• professional documents;

• and other historical records.

The existence of different details does not automatically mean that older documents cannot be used.

The important issue is to establish a clear documentary connection between the applicant and the records being submitted so that the authorities can identify them as belonging to the same person.

If your current identification and historical documents contain different names or other personal details, it is advisable to review the complete file before applying.

Which Spanish visa or residence permit is right for you?

There is no specific visa or residence permit for LGBT+ applicants.

The correct immigration route depends primarily on why you are moving to Spain and whether you are applying independently or in connection with another applicant or resident.

Depending on your circumstances, options that may need to be considered include:

• Digital Nomad Visa or residence permit

• Non-Lucrative Residence

• residence as the family member of a Spanish citizen

• residence as the family member of an EU citizen

• family reunification

• Highly Qualified Professional residence

• employment or self-employment routes

• study-related residence or stay permits

• other residence options applicable to your circumstances

Two people or couples who appear to be in very similar situations can ultimately need different procedures.

The immigration strategy should therefore be determined by considering:

• nationality;

• purpose of the move;

• professional situation;

• family relationship;

• current immigration status;

• and the documentation available.

Immigration advice for LGBT+ people, couples and families relocating to Spain

At Sterna Abogados, we advise international clients on Spanish immigration and nationality procedures.

When working with couples and families, we do not make assumptions about how a family is structured. We review the actual circumstances of the applicants, determine which immigration regime applies and identify the documents required to support the application.

Our aim is for you to understand before filing:

• which visa or residence permit may be appropriate;

• whether you and your partner can apply together;

• how your relationship should be documented;

• which foreign documents need to be prepared;

• whether additional evidence may be required;

• and which potential issues should be addressed before the application reaches the authorities.

Not sure how Spain will treat your relationship, family documents or immigration status?

Speak to Sterna Abogados’ immigration team. We can review your circumstances and help you plan your relocation to Spain with a legal strategy adapted to your case.