Raymundo Larrain reviews the Spanish ‘Marriage Visa’.

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Article copyrighted © 2024. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt

Director of Larraín Nesbitt Abogados
8^th of November 2024

Introduction

Although I will refer to it throughout this article as a Marriage Visa (because it rolls off the tongue nicely and it’s snappy for marketing purposes) the fact of the matter is that this is really a Family Reunification Visa. A dull legal term I’ll avoid like the plague.

The legal implication is that the scope of the visa is broader, and goes well beyond marrying someone, let alone an EU national. Moreover, you can attain this visa by not being married to someone (!) who may not even be an EU national (!!). Confused? Good.

For simplicity’s sake, I’ll just continue to call it a Marriage Visa, but in the understanding its scope goes well beyond marriage. Perhaps Family Visa would be a more appropriate name.

What is a Marriage Visa?

It is a residence permit granted to all non-European nationals on being married to an EU national, or alternatively, to a settled non-EU.

It also applies to analogous affectionate relationships (so long as proven).

This visa allows applicants to live in Spain and work (optional).

It opens the path to permanent residency (after 5 years) and to Spanish nationality (after 10 years).

Key benefits of a Marriage Visa

It offers multiple advantages. A red rug is rolled for its applicants, as the EU wants families to reunite as fast as possible.

• Immediate residency. Allows you to live in Spain overriding the 90/180-day limitation.
• Freedom of movement in the European Union. Allows visa-free travel throughout the Schengen Area (29 countries).
• Fast-tracked. They are expedited, in some cases granted in under a week.
• Longest-lasting visa. Right off the bat you are given 5 years (the maximum). Renewals every 5 years.
• Clear rules. Initially granted for 5 years, then renewable every 5 years.
• Right to work. This visa allows the right to work in Spain.
• Low fees. Processing fees are low, making it one of the cheapest visas available.

Requirements to attain a Family Visa in Spain

1. Marry an EU national (civil or religious weddings are accepted), or
2. Marry a non-EU national who has already attained a residency permit to live in Spain (settled), or
3. Be in a relationship with someone who is residing in Spain. This will have to be proven by official documents.
4. Be financially self-supporting.
5. Secure private healthcare in Spain.
6. Relocate to Spain.

Marriage Visa application procedure

1. Collate all the required documents
2. Visa application is submitted to Spanish Immigration Authorities
3. Visa is granted in under 30 days through us
4. Attain a biometric residency card

Examples of Marriage Visa holders

• Non-EU marries non-EU. UK Barry marries Josephine, a Jamaican national with a residence permit to live in Spain.
• Non-EU marries EU national. Arianne, a Canadian national, marries Gunther, a German national residing in Spain.
• Non-EU marries Spanish national. Lula Mae, a US national, marries Maria Luisa, a Spanish national.
• Non-EU family reunification within the EU. Mohammed, a Moroccan national residing in Spain, brings his family over to Spain (wife, four children, and mother-in-law).
• Analogous relationships. Surfer Tyler is in a relationship with David, a French DJ working in Ibiza.

Frequently asked questions

1. Do I really need to get married?

Eh, not really.

It is the core requirement, but alternatively, other types of analogous relationships – other than marriage – are also accepted, at least in theory.

However, in practice, a great deal of problems arise with proving analogous relationships, which leads to widespread visa rejections.

2. Will I become tax resident in Spain?

Yes.

3. Does this visa give me the right to work in Spain?

Yes, on equal footing with any Spanish national.

4. Can I live anywhere in Spain?

Yes, anywhere. Take your pick: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, and Sotogrande.

Conclusion

Marriage Visas are only suitable for applicants who are committed to relocating and living in Spain. If you plan to remain abroad, or do not fancy becoming tax resident in Spain, this visa is not for you.

Our multidisciplinary team at Larrain Nesbitt Abogados (LNA) has attained hundreds of visas over the last decade for our non-EU clients.

At LNA we get you a Marriage Visa in under four weeks.

Your family’s success is only one call away.

LNA has a 100% track record of attaining Spanish residency

Larraín Nesbitt Abogados, small on fees, BIG on service.

At Larrain Nesbitt Abogados (LNA) we have over 21 years of experience specializing in immigration & residency visas. We also assist clients in buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.

Residency services available from LNA:

• EU-Family Regroupment (Marriage Visa)
• Digital Nomad Visa (Tax-free visa)
• Golden Visa (Investor Visa)
• Non-Lucrative Visa (Pensioner’s Visa)
• Lucrative Visa (Business Visa)
• Non-Domiciled Tax Regime (Beckham’s Rule)
• Spanish Residency permit for EU nationals

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author will result in criminal prosecution. Ní neart go cur le chéile. VOV.