Pareja de Hecho in Catalonia: Ultimate Guide to Qualifying

Reviewed by Laura Cánovas Saheb, Atlex Legal

What is pareja de hecho? In Spain, pareja de hecho is a legal status for unmarried couples. Formal registration is an important step for anyone looking to establish certain rights like residency or a valid work permit.

In this article you will learn about pareja de hecho in Catalonia, how to register an unmarried civil partnership, and which Spanish visa you may qualify for in case you are a non-EU foreigner. 

Any two consenting adults who live together, regardless of nationality, can register as pareja de hecho in Catalonia if they meet one of three conditions. However, the specific prerequisites differ depending on which region of Spain the couple calls home, so it’s important that you research the region where you live! For the purposes of this article, we will address the requirements for registering pareja de hecho in Catalonia.

Pareja de Hecho Requirements

The first and most basic rule of establishing pareja de hecho is that both partners who intend to register are legal adults in a consensual relationship. Both parties must also be present to consent to the formal registration of the partnership. Once this has been established, the couple will need to meet only one of three of the following requirements:

• The couple must have been in continuous cohabitation lasting more than two uninterrupted years. Essentially, if you have lived together with your partner for two years or more without leaving the country for an extended period of time, then you already qualify as pareja de hecho!
• The couple has had a child together during the course of the relationship. Raising a child together is undeniable proof of a partnership, even if the couple isn’t formally married.
• The couple formalizes their relationship before a notary. This is one of the most common pathways to registering a civil union in Catalonia, a common choice for couples who want to formalize their relationship without delay, as long as the relationship is genuine.

It should be noted that if one of these conditions is met, the union is already legally recognized under Catalan Civil Code whether or not it has been officially registered before a governing body. Registration then formalizes the partnership and provides documented proof. This may not be the case in every region of Spain, so if you live outside of Catalonia, make sure to investigate your specific region’s requirements.

Do I Qualify For Pareja de Hecho?

If you reside in Catalonia and have lived together with a partner for over two years, or if you meet either of the other two legal prerequisites previously stated, then you already qualify as a recognized unmarried couple. The next step for you would be to formalize your relationship and register with the Registre de Parelles Estables de Catalunya, or the registry of stable partnerships of Catalonia. This will serve as formal recognition of your already existing partnership and provide you with documented proof for legal purposes.

A word of caution: pareja de hecho registration carries real legal weight, and misrepresenting your relationship to gain potential immigration benefits can carry serious consequences. If you have questions about your situation, speak with a lawyer before you begin the process to ensure that you meet the requirements and have all the documentation you need at hand! Don’t risk your legal status by missing any important steps. Book a 15-minute consultation with our team at Atlex Legal here and we will help you move smoothly through the process.

How to Register a Pareja de Hecho in Catalonia

Remember that, by meeting any of the three previously stated prerequisites, you are already considered pareja de hecho. However, you still need to formally declare your partnership with the registry of civil partnerships for the purpose of legal proof. If you are currently living in Catalonia, you can submit your application at any Generalitat registry or any other public administration registry. If you choose to notarize your pareja de hecho, you will book your appointment at a local notary.

Both partners must be physically present at the time of formal registration. It’s important to schedule an appointment when both parties can be physically present, as proper identification and vocal consent are necessary! You will need to bring the following documents with you to your appointment:

• Identity documents for both applicants. EU citizens should bring their passport or national ID card, along with their certificado de Registro de Ciudadano de la Unión if they’re already a registered resident. The non-EU partner can bring their passport or their TIE (foreigner ID card), if they already hold Spanish residency.
• Full or literal birth certificates for both applicants.
• A padrón certificate that proves both partners’ cohabitation (known in Catalonia as empadronamiento).
  1. Note that it is important to establish your empadronamiento soon after moving to Catalonia whether or not you are registering for pareja de hecho.
• A literal birth certificate or family record book showing the common offspring in the case of a son or daughter during cohabitation.
• A Certificate of civil status (certificado de soltería/estado civil) for both applicants, confirming they are not currently married or already registered in another pareja de hecho. This must be up to date and, for non-EU applicants, legalized and translated by a certified translator if issued outside Spain. This is not always requested but it’s always safer to have it in hand. 

Once you have all of these documents, you will book an appointment with the Generalitat or your local notary and carry them there in person at your assigned time. After a short waiting period, you should be formally recognized as an unmarried civil partnership!

What Comes Next?

Once you are formally registered with your EU partner under pareja de hecho, you can begin your application for an EU Family Member Residency Card (Tarjeta de Residencia de Familiar de Ciudadano de la Unión). Note that this pathway applies specifically when one member of the couple is an EU/EEA citizen. 

The application process for residency via an EU family member deserves its own article. We will cover it soon, in depth. In the meantime, if this is a path you would like to take, please book a consultation with our team. We will get you on the right track!