You don't need your pareja de hecho certificate to be able to apply for the residency card for EU family members.
Many times our clients come to our office asking for advice with regards to the residency card for EU family members and they tell us about their biggest concerns. Usually, these concerns are related to the time they have to wait to be able to get an appointment for pareja de hecho (usually 6 months). Other concerns include the requirements to be able to apply for pareja de hecho in Madrid, more specifically, people are concerned about being empadronado for a year.
Let's use an example, a couple that wants to apply for the residency card for EU family members have been living together for a year, not in Spain but in a different country.
What many of our clients do not know is that, since October 30th, 2015, it is possible to obtain a residency card for EU family members without having a pareja de hecho certificate. If you prove that you and your partner have been living together for over a year, then that is enough, this is called pareja estable.
To be able to prove that you have a pareja estable is not always easy. Some of the things that extranjería might take into consideration to be able to prove this are: joint bank accounts, plane tickets showing you came to Spain together, rent contracts (with both names), etc.
In other words, this is something that must be prepared very well because the administration will check it thoroughly so that people do not try to cheat and do it with a roommate, etc. If you can demonstrate the stability of your relationship with documentation this will be a great option for you because we can do it immediately without having to wait for an appointment to get your pareja de hecho certificate.
In other occasions, even if you have been empadronado (registered at an address), for over a year, you might not want to wait 6 months to be able to get an appointment to declare your pareja de hecho.
The residency card for EU family members will allow you to work (cuenta ajena or cuenta propia). This card will also be given to you for a period of 5 years. The main requirement is that you have to prove that your partner is working or has other economic resources. Also, even if your partner is working, you will have to prove that you have medical cover. It is important to remember that it cannot be any medical cover, there are specific requirements.
Do not hesitate and contact us if you have any questions. You can schedule an appointment with one of our lawyers and get advisement on your case.
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