Family roots by common-law partnership is one of the most effective ways for many foreigners to regularize their situation in Spain. This process allows obtaining a temporary residence permit in specific cases, one of them being a common-law partnership with a Spanish citizen. In this article, we will explore in detail the family roots process through a common-law partnership in Spain, providing crucial information for those who wish to initiate this process.

What is Family Roots?

Family roots is a legal concept under Spanish immigration regulations that allows foreigners to obtain a temporary residence permit in Spain. This permit is intended for those who have close family ties with Spanish citizens. The law specifies several cases, including being a partner in a registered common-law partnership with a Spanish citizen.

Requirements for Family Roots by Common-Law Partnership

To apply for family roots by common-law partnership, you must meet a series of specific requirements:

1. Link with a Spanish Citizen: You must be a partner in a registered common-law partnership with a Spanish citizen. This means that the relationship must be officially recognized in the corresponding common-law partnership registry.
2. Registration in the Public Registry of the Autonomous Community: You need to have the registration resolution from the autonomous community where you reside in Spain. Each autonomous community has its own regulations.
3. Cohabitation in Spain: Although the law does not establish a minimum period of residence in Spain, it is recommended to demonstrate a minimum cohabitation of 3 months; in some autonomous communities, like Madrid, a minimum of 12 months of cohabitation is required.
4. Criminal Record: You must not have a criminal record in Spain or in your country of origin or in any country where you have resided in the last five years.
5. Economic Resources: You must demonstrate that you have sufficient economic resources so as not to be a burden on the Spanish social system.

Required Documentation

The documentation required to apply for family roots includes:

• Application Form EX-10: Completed and signed.
• Complete Passport: Photocopies of all passport pages.
• Common-Law Partnership Certificate: Issued by the corresponding autonomous community.
• Spanish Citizen's Birth Certificate: If the common-law partner is the parent of a Spanish minor.
• Criminal Record Certificates: Properly legalized and translated, if necessary.
• Proof of Economic Resources: Pay slips, employment contracts, etc.
• Historical Cohabitation Certificate: Certificate of residence registration that proves residence in Spain.
• Public or Private Health Insurance: with coverage without waiting periods or copayments.

Application Procedure

1. Submitting the Application: The application must be submitted to the Foreigners' Office of the province where you reside. An appointment is required, and it can be done electronically by an authorized professional.
2. Payment of Fees: The corresponding fees for the process must be paid. The amount can vary, so it is advisable to check the exact cost before proceeding.
3. Resolution: Once the application and documentation are submitted, the Foreigners' Office has a period of three months to resolve the case. If there is no response within that period, the application is considered rejected by administrative silence.
4. Obtaining the NIE: If the resolution is favorable, a Foreign Identification Number (NIE) will be assigned, and you can request your residence permit.

Benefits of Family Roots

Obtaining family roots by common-law partnership in Spain offers several benefits:

• Temporary Residence Permit: Usually valid for one year, with the possibility of renewal.
• Access to the Job Market: Allows you to work legally in Spain.
• Access to Public Services: Includes access to the health system and other social services.

Family roots by common-law partnership is an accessible and effective way to regularize the situation of many foreigners in Spain. Meeting the requirements and submitting the appropriate documentation is essential to ensure a favorable resolution. If you need more information or personalized advice, do not hesitate to contact a specialized immigration lawyer. Our office is here to help you every step of the way.

Contact Us

If you need legal advice for your family roots process by common-law partnership, do not hesitate to contact us. At TRÁMITES FK, we have a team of specialists in immigration law who will guide you through the entire process.

We are here to help you make Spain your new home.