As far as I know, you would have (almost) the same rights by becoming a “pareja de hecho” or a “matrimonio civil”.
A civil Marriage (matrimonio civil), its a bit more complicated, but it gives you all the “rights” as a couple. To be honest it gives more advantage to the woman, so think it twice.
As “pareja de hecho” you dont have some duties&rights; (heritage, or retirement), but the two legal situation between this two “options” are getting closer and closer. I mean that the form “parejas de hecho” is achieving the same “status” as the other. And I would say it allows you to live and work, but let me check it and come back to you, because it also depends on the Comunity where you live, im not sure how it is in Madrid, you are there, right?
In 2009 pareja de hecho in spain does give hardly any rights you would be interested in. Pareja de hecho is registered by the comunidad which would mean that you can be in Civil Union with many differnt people once in every comunidad. Because there is no nationwide registro for pareja de hecho like in france for example it does not give you the right to work, the right for a NIE or the right for nationality after a year of resideny in spain. Marrigae was the solution in our case…
Does anyone have idea about ,if Pareja de hecho gives you the right to work and stay in Spain?
I read here that till 2009 it didn’t used to provide you right to work but i contacted a lawyer recently (May,2011) and he told me that pareja de hecho does give you the right to work here like any other EU citizen.
I just want to verify from people over here if the information provided by the lawer is right or wrong?
I just called my lawyer today and he too told me that I could apply for the Pareja de Hecho….that in 2010 the law was changed and although there is no National Registry for it…they have applied the law to protect foreign partners….My lawyer is emailing me all the paperwork about it on Monday.
And I do trust my lawyer, he works for my best friend’s mom and dad who own their own law firm here in Madrid (And I know for a fact that their clients are some top-notches here in Madrid).
As soon as I have some more details I’ll let you know because the Arraigo is looking like it will take me another year even though I’ve been here for 3 years…now it’s just up to me to convince the novio.
I’m coming in with my own unique situation:
- My partner and I are both Canadian
- We are recognized as a common-Law couple in Canada
- We have applied to be recognized as a Pareja de hecho in Barcelona (called here pareja estable)
- He found work in Barcelona so we moved there almost a year ago (in Nov. 2010)
- He, of course, has a work visa
- I have a residency visa, a type called “non-lucrativo”. In the back of my NIE card, it says that I am NOT authorized to work.
This was the type of visa my partner’s work recommended to us so that I could accompany my partner. We applied for both our visas at the same time and had to provide proof of our common-law union (not an easy task when you’re from a country where common-law registries do not exist; in Canada you simply become a (de facto) common-law couple after a certain amount of time living together.)
Here in Barcelona, after being given the run around for several months, being told (by government officials) that we were not allowed to register as a pareja de hecho here in Spain because we were not Spanish nationals, we found out that it was completely false information. We have just submitted our documents to get registered and now are waiting for the paperwork to go through.
All that being said (I had to vent a little), I’m wondering if by us gaining the status of pareja de hecho, would I then be able to change my visa status to allow me to work? The only other options I’ve been given (by gestors working at an organization called SAIER) is to go back home and wait until my partner can “regroup” me through the reagrupamiento familial or to stick it out for 3 years.
Some people are just telling me to get married, but this doesn’t sound like a quick way to change my status either. It still seems like I would be stuck either going back home and wait to be regrouped or wait again 3 years. And for personal reasons that I don’t wish to debate, I would like to avoid taking that route.
Myself and my boyfriend are trying to register as Pareja de Hecho in Barcelona as well. We are both Canadian, however, I hold a UK Passport so I have a EU NIE. Anyways… we have lived together for over 2 years in Canada, and now 10 months in Barcelona.
Does anyone know what documents are acceptable to prove that we’ve been living together for the correct amount of time? In Canada there is no Epadronamiento like here in Barcelona.
My partner and I received just a couple of days ago a letter asking us to call a specific person at the Ajuntament. It was to set up the time and date to sign the registry. Becoming pareja de hecho has turned out to be fairly easy in the end… once you know that you are actually allowed as a foreigner.
Where you apply for pareja de hecho is in the same place you did your empadronamiento. But before even heading there, you will need to get your Certificado the Fe de Vida y de Estado at this address:
Registre Civil de Barcelona
Plaça Duc de Medinacel, 3, bxs
Go early. We got there at 10am and had to wait about 45 minutes for our number. We found a café nearby to snack on something. All you need is your NIE photo ID card. The certificado is actually two certificates and one they could not give to us, but we asked that they give us what they could.
We explained to them what it was for and they told us we were not allowed as foreigners to register as pareja de hecho. Don’t believe them!
You also need to go to the consulate of Canada and ask for a proof of you marital status for both of you. Try to get there by opening time (9am) and see if the consul can sign the papers for you then, otherwise, they make an appointment for you the next day.
Bring your Canadian passports.
The cost is 35€ each. It’s a declaration (since we don’t have a registry in Canada as you’ve mentioned already). The declaration starts off first with a paragraph explaining why this is a declaration and not a certificate. My partner and I ended up signing a declaration saying that we were single, something we only realized later over our first coffee of the day. I was worried this would be a problem (for reasons I’ll explain later), but it turned out fine. The Spanish/Catalan goverment here is more worried about you becoming an official couple when you might already be married to someone else. Take the time to discuss that the forms are for you both and that you have been living as a common-law couple in Canada and see if it’s best or not to have the declaration reflect that. The consulate is used to one person asking for the declaration to be able to register with a local Spaniard or Catalan, not usually to a couple who both members are Canadian.
Other paperwork you will need before, as stated in the links above are:
- photocopies of your NIE card/passport (do both just in case)
- copy of padron
We already had a document signed, notarized and certified by Foreign Affairs in Ottawa stating that we were common law, which we had done for our visa applications. We submitted that, but I think because it was dated from over a year ago, it probably was disregarded. It was this document that got me worried that there would be some confusion between the consulate’s declaration saying we were single.
Okay, now you’re ready to go to the Ajuntament. There is a form you have to get and fill out there so that your package is complete. It’s a declaration confirming that you are not registered in another similar municipal registry. It’s free and easy to fill out.
Once all is submitted, you will wait about a 2 weeks to a month before you receive a letter either asking for further documentation or asking to call to proceed with the next step. This last letter took 7 days to arrive and they wanted a reply within 10 days before they were going to trash the file, so I was left with 3 days to reply. Check that mailbox regularly.
Alright, best of luck. Can I ask what are your reasons for wanting to register?
Thank you so so so much for this detailed explanation of your process!
One quick question: What is the “Certificado de Fe de Vida y de Estado” for? And… we are looking to get a notarized common law certificate from Canada, would you recommend that or you don’t think it was necessary!? (I’m assuming this would have to go through the whole Legalization of the Hague Agreement?)
To answer your question. I myself actually hold a UK passport as well as a Canadian one, so if we register ourselves as Pareja de Hecho, then according to new law, my partner is entitled to Residencia de Familiar (with the same work and travel allowances as myself).
Up until this point, my partner has been in Spain under a Youth Mobility visa, which is an agreement between Canada and Spain to allow casual work for Canadians for the period of 12 months. It is valid for anyone under 35, however, I believe you have to apply for it from Canada directly.
I have a friend who is also trying to figure out how to get her work visa here, she is also Canadian. If she comes across any information then I will let you know for sure!
THANK YOU so much again! Our Spanish is still ‘in progress’ and discussing these issues with authorities, I find I am missing many words!
Good luck in your process, and as I said I will let you know with any information that we come across in our process.
The certificado de Fe de vida y Estado is to prove that you are a living breathing person.
There are a few declarations forms from various government departments you can find online. We used one called “Statutory Declaration Of Common-Law Union” (Citizenship and Immigration Canada). We got it notarized, which means you sign the declaration in front of a (Canadian?) notary public, and then they sign it and stamp it. Then we brought it to the Department of Foreign Affaires in Ottawa to get it certified ( it’s a big red stamp) and then got this completed form translated to Spanish.
All this being said, I think the declaration you will sign at the consulate will be sufficient. Perhaps you can find the declaration I mention above, fill it out and bring it to the consulate to see if they can certify it for you. But I really don’t know, and don’t it’s necessary.
Anyway, you can still go to the Ajuntament with the certificado de fe, the padron, the consulate’s declaration, your IDs, fill out the form there… and if you receive a letter requesting for further documentation, they tell you what exactly ( in Catalan) that they need.
Apologies for not reading every single post above, so I may be covering something already stated?
Have just read in The Sur in English (11th Nov ed), that if the Partido Popular - CONSERVATIVES get in at the general election - 20th November - so this SUNDAY! They intend to continue with their appeal against the law that allows gay couples to legally marry and have same rights as Str8 couples. (It is still in the courts, but maybe the judges will look favourably on it if the PP get in???) - Who knows what the outcome will be.
This is bad news for anyone who wants same/equal rights. As if the law were reversed, the only option open would be to have a civil union as described above, which as also described, is not as ‘equal’ as a marriage/rights.
DON’T VOTE CONSERVATIVE!
PS - For anyone who needs/wants to get married before the outcome of this - Infact the PP (Cons) mayor (Javier Gomez) of Jun in Granada is offering on-line marriages as he thinks his party is an ass…
Just giving you an update. We signed the Pareja de Hecho resgistry in Barcelona at the end of November and received the certificate just a few days later in the mail.
I’ve since had a few job interviews hoping that the employer would be willing to give me a contract, and so be able to change my visa status to one that allows me to work, but alas I’ve not been successful.
Again, if any of you have any insight, please share.
Sooooo I haven´t been on this site in awhile…sorry guys!
I´m still in between considering doing an arraigo social oooor trying to convince the spanish boyfriend to help me. We are in the ´talking´and ´negotiating´ period.
But I do know that my best friend from Philly and her Spanish boyfriend just completed it and she has everything..her NIE and a contract ready from her Academy in Santander. It took her literally 3 months from start to finish.
And another American girl I know has just completed the process as well…..soooooo everyone is jumping on board. Which is whay I´m trying to convince the novio to get his ass in gear and help me out or I´m leaving, plain and simple.
Here is also a very good article in English about the matter…
Good luck to everyone who is trying while the offer´s still good!!!
And as for me….if I don´t have my NIE by August 2013…I will be leaving Spain since it will be my 5 year anniversary and staying any longer without it would be a waste of my time and my professional capabilities.
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