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What are the rules for unmarried couples applying for Spain's non-lucrative visa?

What are the rules for unmarried couples applying for Spain's non-lucrative visa?

If you and your partner are not married can you still apply for Spain's non-lucrative visa? Find out if it's possible and what type of proof you might have to provide.

The non-lucrative visa or NLV is a residency authorisation that allows non-EU foreigners to live in Spain without working or carrying out professional activities, by demonstrating that they have sufficient financial means for themselves and their family members.

It’s one of the most popular residency options for non-EU citizens to be able to live in Spain, particularly for retirees who can use their pensions as financial proof.

The visa is valid for one year but can be renewed for a further two years after that.

READ ALSO: What are the pros and cons of Spain's non-lucrative visa?

To be eligible you need private health insurance, a clear criminal record and finances to support yourself from passive income such as rent from abroad, pensions or savings.

The visa allows you to bring family members with you providing you have the financial means to support them. This means 400 percent of the IPREM for you, plus 100 percent of the IPREM for each family member.

READ ALSO: Will the financial requirements for Spain's non-lucrative visa change in 2025?

In 2025, this equals a minimum of €2,400 per month, plus an extra €600 per month for each family member you bring with you.

If you’re thinking about bringing family, it’s important to understand exactly what the Spanish authorities define family members as being for the purpose of this visa. For example, do they allow unmarried couples to apply together?

EXPLAINED: Moving to Spain with kids on the DNV or NLV

The simple answer is yes, you can apply as a couple if you’re married or if you’re unmarried.

The immigration regulations state that they will consider “a stable partner, who is not registered as married in any public registry”.

They do however, have one main requirement, which is that you must "prove cohabitation of at least one year" prior to your application.

This means that you will be required to show documents with both of your names registered at the same address dating back at least one year.

What proof can I provide?

If you're married you can obviously provide your marriage certificate as proof of your relationship, but if not here's what you may need to show:

  • Rental contracts
  • Property deeds
  • A joint bank account
  • Utility bills in both of your names

Be aware that you may be need to provide proof of all of these, depending on the consulate you apply from and your situation.

If you have children together, however, the regulation states that you only have to prove cohabitation, without a minimum period of time. This could be proven with birth certificates with both you and your partners names on.

READ ALSO: What are the differences between Spain's non-lucrative and digital nomad visas?

In practice, it can be slightly trickier than this to apply as an unmarried couple, and it seems to completely depend on which country and even which consulate you’re applying from.

Members of the Spanish NLV Facebook page seem to suggest that applying from UK consulates is a lot easier than applying from US consulates, for example.

One member said “Myself and my partner successfully applied jointly and aren't married. We went through Manchester. They wanted to see proof of address from both of us, bank statements, utility bills that showed that we already lived together”.

Another member applying from the US though said “Miami rejected a common law marriage document that I had clients try to use, and they were told only registered Spanish unmarried partnerships count”.

On the other hand, the Spanish Consulate in New York seems to allow unmarried couples to apply stating on its website - “Documents constituting proof of family relationship with the applicant accrediting financial means: birth or marriage certificates issued by the civil registry, certificate of registration as an unmarried couple or any other document substantiating an unmarried partnership with the applicant”.

Your best option is to contact the consulate in advance and ask them what type of proof they need if you're not married. This way you can be organised and get all the paperwork in advance. You may want to also contact other applicants who applied from the same consulate as you and see what documents they had to show.

Those with children together though had an even easier time with less documentation to prove. As mentioned this can usually be proven via birth certificates.

What if I'm in a same sex partnership?

The good news is that Spain fully recognises same-sex marriages and civil partnerships for residency and visa purposes.

Even if you are not married, according to law firm Abogado Extranjería Madrid, you can still prove a relationship through evidence such as shared financial commitments and testimonies.

In this way, under Spanish law, you'll be treated the same as any other heterosexual couples.

Other family members that count for the NLV are minor sons or daughters who are not married or who have not formed their own family unit, or those of the applicant or their spouse, registered partner, or stable partner.

Adult sons or daughters of the applicant or their spouse, registered partner, or stable partner can also be included provided they have a disability that requires support or are proven to be dependent due to their health condition.

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