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Civil Partnerships for Residencia?

Posted: Fri Feb 21, 2020 8:10am
26 replies531 views5 members subscribed
DarioMartin

DarioMartin

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Good morning all, I have had a question passed my way and I simply cannot give a definitive answer, so I am hoping the collective wisdom (and experience, more importantly) here can assist.  No names mentioned to protect the innocent involved :-D

A U.K. Passport holder who has a partner who is from an EU country wishes to settle in Spain.  They are not married, but have been together for a period of time that exceeds that required to recognise a de-facto partnership.

A Gestor has been contacted, and has advised them that a de-facto partnership isn't sufficient for Residencia, and if she wishes to settle in Spain "on the back" so to speak of her partners EU passport (so, as an EU dependant) she needs to be married.

C.A.B have been contacted and have provided conflicting advice, stating that following an amendment in 2015 to the 2007 Law of Freedom of Movement, an EU and non-EU partner can apply for residence, having only to prove 1 years stable co-habitation and that the partner does not need to prove income in his/her own right, only that he/she is able to support the spouse (which includes Medical Cover)

MY personal experience is that Extranjería in Almería required me to provide an apostilled and translated wedding certificate to prove my partnership.

So over to the forum:
1. Who's correct? The Gestor? or C.A.B?  
2. Can anyone recommend a really GOOD Gestor / Asesor in or around Mojácar / Vera / Vera Playa or surrounding area?
3.  Gestor needs to be one that REALLY knows their way around the Oficina de Extranjería

Let the fun and games begin

Richard690

Posted: Fri Feb 21, 2020 2:29pm

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Posted: Fri Feb 21, 2020 2:29pm

My partner and myself had a civil,partnership in the uk some years ago . This did not qualify for residencia and we had to have a marriage to make ig legal in Spain . we always use Maria or Esther at mundi abogados  at buganvillas speak excellent English very professional lovely ladies , both qualified barristers 

DarioMartin

Posted: Fri Feb 21, 2020 3:01pm

DarioMartin

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Posts: 5342

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Location: Vera

Joined: 16 Aug 2017

Posted: Fri Feb 21, 2020 3:01pm

Richard690 wrote on Fri Feb 21, 2020 2:29pm:

My partner and myself had a civil,partnership in the uk some years ago . This did not qualify for residencia and we had to have a marriage to make ig legal in Spain . we always use Maria or Esther at mundi abogados  at buganvillas speak excellent English very professional lovely ladies , bot...

...h qualified barristers 

Mundi Abogados - that’s the name of the people I was trying to remember.  I’ve seen many people recommend them.  Did you find that they were really on top of all the legislation etc?

John99andrew

Posted: Fri Feb 21, 2020 11:52pm

John99andrew

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Posted: Fri Feb 21, 2020 11:52pm

Richard690 wrote on Fri Feb 21, 2020 2:29pm:

My partner and myself had a civil,partnership in the uk some years ago . This did not qualify for residencia and we had to have a marriage to make ig legal in Spain . we always use Maria or Esther at mundi abogados  at buganvillas speak excellent English very professional lovely ladies , bot...

...h qualified barristers 

As I have said on this forma before, Richard is right in what he says you have to have a marrage certificate a civil partnership certificate does not qualify

There is certain people doe not believe what I say but I know throu experience

DarioMartin

Posted: Sat Feb 22, 2020 8:19am

DarioMartin

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Posted: Sat Feb 22, 2020 8:19am

John99andrew wrote on Fri Feb 21, 2020 11:52pm:

As I have said on this forma before, Richard is right in what he says you have to have a marrage certificate a civil partnership certificate does not qualify

There is certain people doe not believe what I say but I know throu experience

My question was posed only because C.A.B Spain gave advice to the contrary, Like I say citing a 2015 amendment to the Law of Freedom of Movement (Royal Decree)

You’d suspect that C.A.B would know their stuff - but my experience also was that I needed a marriage certificate.  That being said, I was wondering if anyone else had heard / experienced the same as C.A.B advised?

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Richard690

Posted: Sat Feb 22, 2020 8:35am

Posts: 42

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Joined: 16 Apr 2017

Posted: Sat Feb 22, 2020 8:35am

DarioMartin wrote on Fri Feb 21, 2020 3:01pm:

Mundi Abogados - that’s the name of the people I was trying to remember.  I’ve seen many people recommend them.  Did you find that they were really on top of all the legislation etc?

Yes I certainly did the were really on top if it all  really great ladies  

LosPardoslady

Posted: Sun Feb 23, 2020 11:56pm

LosPardoslady

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Posted: Sun Feb 23, 2020 11:56pm

Hi all. When we were using Mundiabogados for a property matter I got chatting to Maria Maroto, her legal speciality is family law.  She is very helpful so may be worth speaking to for a definitive explanation.   Regards Karen. 

DarioMartin

Posted: Mon Feb 24, 2020 7:50am

DarioMartin

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Posted: Mon Feb 24, 2020 7:50am

LosPardoslady wrote on Sun Feb 23, 2020 11:56pm:

Hi all. When we were using Mundiabogados for a property matter I got chatting to Maria Maroto, her legal speciality is family law.  She is very helpful so may be worth speaking to for a definitive explanation.   Regards Karen. 

Thanks Karen - she sounds like she’d know her stuff then

NannieH

Posted: Mon Feb 24, 2020 10:53am

NannieH

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Posted: Mon Feb 24, 2020 10:53am

We have used Maria or Esther at mundi abogados for house purchase, residentia and will now be doing a will with them, they are wonderful! I thought I read somewhere on another site that the law in Spain had now been changed and that if you could show you had been together for more than a year then the other and any children could come over....can't think that could only be for same sex marriages? Do ask Maria though.....

DarioMartin

Posted: Wed Feb 26, 2020 8:45pm

DarioMartin

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Posted: Wed Feb 26, 2020 8:45pm

Further to this topic, Mundi Abogados have provided information that whilst in theory C.A.B are quite correct, their daily dealings with Extranjeria in Almería and with Seguridad Social show that stable co-habitation is NOT sufficient for either Residencia or Tarjeta Sanitaria.

Should you wish to attempt Residencia through de facto relationship, you MUST be registered as such in Spain or similar country with a sworn official document or certificate attesting to that fact, duly translated and apostilled.  Even then, Extranjeria DO NOT necessarily accept that.
Should you wish to obtain Residencia as a partnership, the surest way is to be married.  Irrespective of what C.A.B advise, Extranjeria DOES NOT recognise stable co-habitation or often even registered de-facto relationships.

For all those wondering, that is the definitive answer.

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