# From Canada to Spain as a Common-Law Couple?



## maxrob11 (Feb 4, 2015)

Hello everyone. I’m hoping someone might be able to offer some assistance to me. ¬¬

Here’s the run-down on my situation:
I’m a Canadian man, thinking about moving back to Spain with my Spanish common-law partner. I lived in Spain several years ago, working as a Language Assistant for two years, and while there I met my partner. When my time as a Language Assistant was up, she came back to Canada with me (under a Working Holiday Visa). Fast-forward a couple years... Today she is a Permanent Resident in Canada, which she qualified for as my common-law spouse. 

Now we are looking at moving back to Spain, and are very unclear as to how to best go about things.

We have been common-law in Canada for almost 3 years, but does that mean anything in Spain? We have some paperwork (e.g. notarized common-law declaration) that shows might be construed as proof of our partnership, but in Canada there is no registry for common-law couples.

So I’m wondering, am I eligible for residency as my partner’s pareja de hecho, or does our time together only count if it occurs in Spain (while empadronado in the same place)? 

In short, what is the best manner for me to move to Spain with my Spanish common-law partner?

Any thoughts or ideas from the community are appreciated!


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## 213979 (Apr 11, 2013)

maxrob11 said:


> Hello everyone. I’m hoping someone might be able to offer some assistance to me. ¬¬
> 
> Here’s the run-down on my situation:
> I’m a Canadian man, thinking about moving back to Spain with my Spanish common-law partner. I lived in Spain several years ago, working as a Language Assistant for two years, and while there I met my partner. When my time as a Language Assistant was up, she came back to Canada with me (under a Working Holiday Visa). Fast-forward a couple years... Today she is a Permanent Resident in Canada, which she qualified for as my common-law spouse.
> ...


Hello!

Since this is such a different case, and since it may very well vary from _comunidad autónoma_ to _comunidad,_ I'd have your partner call the closest consulate ASAP. They may need to legalize your notarized document or they may be able to tell you exactly what to do. 

I'm not sure we've ever had any common law non-EU partners on here before. Don't throw away any bills or documents that have both of your names on them! They might serve as proof of your relationship. 

Good luck!


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## xabiaxica (Jun 23, 2009)

elenetxu said:


> Hello!
> 
> Since this is such a different case, and since it may very well vary from _comunidad autónoma_ to _comunidad,_ I'd have your partner call the closest consulate ASAP. They may need to legalize your notarized document or they may be able to tell you exactly what to do.
> 
> ...


we've had a few over the past couple of years, & generally it seems that to register as _pareja de hecho, _they want to see proof that you've been together *in Spain* for two years before allowing the registration

So yes, maxrob11, call the consulate to find out if the Canadian document would be accepted - & if it isn't, as elenetxu says this can vary tremendously from region to region, so then the ayto of the town in which you'd want to be registering - since it's they who would be making the decision as to whether or not to allow registration

also ask the Consulate if _pareja de hecho _registration would give you legal rights to stay here - I'm not 100% certain that it would


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## liliana80 (Sep 6, 2014)

You need to call the town hall of the city in which you will be living in Spain as the requirements for pareja de hecho are determined by each city individually. Your time together in Canada doesn't mean anything; however, here in Catalunya some town halls will accept a notarized declaration of pareja de hecho in lieu of the two years registered on the padron. So it is possible in some towns to sign on to the pareja de hecho registry very soon after arriving in Spain. Here is an example, sorry I could only find it in Catalan:

Els requisits per inscriure una parella són els següents:
1. Estar empadronats al mateix domicili del municipi de Sant Adrià de Besòs.

2. Acreditar una d'aquestes tres situacions:

- Convivència de més de dos anys ininterromputs (amb el certificat de l'empadronament mateix o qualsevol altre tipus de documentació similar).

- Acreditació d'un o més fills en comú (amb el certificat de l'empadronament mateix o qualsevol altre tipus de documentació similar).

- Escriptura pública que formalitzi la seva relació. 

Basically is says you need to prove ONE of the three situations: living together for 2 years, a child in common, or a public notary declaration of the relationship.


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## maxrob11 (Feb 4, 2015)

xabiachica said:


> as elenetxu says this can vary tremendously from region to region, so then the ayto of the town in which you'd want to be registering - since it's they who would be making the decision as to whether or not to allow registration



Thanks for the ideas and comments! We've spoken with the Spanish consulate a few times and poured over numerous Spanish govt websites (i.e. local and national), but no one really seems to have the answer. The consulate seems to think that 'maybe' we can apply and get them to accept a sworn statment of common-law status (stating we have lived together in Canada for X amount of time), but that it's up to the local office where it is being processed. Local offices don't seem too open to providing that information in advance (I can mostly understand why), sooo.... That leaves us with just crossing our fingers and seeing what happens.


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## xabiaxica (Jun 23, 2009)

maxrob11 said:


> Thanks for the ideas and comments! We've spoken with the Spanish consulate a few times and poured over numerous Spanish govt websites (i.e. local and national), but no one really seems to have the answer. The consulate seems to think that 'maybe' we can apply and get them to accept a sworn statment of common-law status (stating we have lived together in Canada for X amount of time), but that it's up to the local office where it is being processed. Local offices don't seem too open to providing that information in advance (I can mostly understand why), sooo.... That leaves us with just crossing our fingers and seeing what happens.


good luck


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## maxrob11 (Feb 4, 2015)

*Further questions!*

Nervous me has dug up a few more questions I'm hoping someone might have an answer to. I just want to make sure I get as much paperwork together as I can before I leave Canada!

So to be approved for a Tarjeta de familiar de ciudadano de la Unión. I need:
1)EX-19 
2)Passport (mine and my partners)
3)Proof of our marriage/ common-law relationship ( Fingers crossed that our Canadian docs work!)
4)DNI of my partner
5)Proof that my partner has medical insurance and sufficient economic means (bank statement/letter)
6) 3 color photos

Now assuming we arrive to our appointment with all of this, is this all I need? For some reason I was thinking I would have to bring birth certificates/police record checks/etc.
Looking around on the Spanish Govt immigration website, I found one section which has me questioning the simplicity of this process: extranjeros.empleo.gob.es/es/informacioninteres/informacionprocedimientos/documentacion/

I understand that the NIE is a fairly easy process (I have one from living in Spain years ago, which I may have to renew?). 

Upon receiving la tarjeta de familiar de ciudadano de la Unión, do I then need to order a TIE? 

Finally, what is the Cédula de inscripción? Is this going to be necessary for me. As this process requires a criminal record check, which I'll need to bring from Canada, I'm questioning whether I need to go through the hassle of ordering this or ??

Thanks folks!


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## liliana80 (Sep 6, 2014)

I highly doubt that your Canadian docs will work. You should be asking the immigration office where you plan to solicit your tarjeta what documents they accept. This is the answer I received from my local extranjeria (Barcelona): 

b) La pareja de hecho del ciudadano de la Unión (sólo si puede acreditar dicha situación de pareja de hecho con una certificación expedida por el órgano encargado del correspondiente registro público establecido a estos efectos en un Estado miembro de la Unión ) y con una antelación máxima de 3 meses a la fecha de presentación de la solicitud y siempre que no se haya cancelado dicha inscripción, lo que deberá ser suficientemente acreditado.

They will only accept a pareja de hecho registered in another European country, and the document cannot be more than 3 months old. 

Furthermore, you will also need: 

Parejas de hecho:

En este supuesto, además de la documentación relacionada en la hoja informativa del MTIN núm. 103 deberá aportarse al expediente, certificaciones sobre el estado civil de los miembros de la pareja, expedidas por los Registros Civiles correspondientes al país del nacional comunitario (que genera el derecho) y al del nacional no comunitario que va a solicitar la tarjeta de residencia de familiar no comunitario de ciudadano de la Unión. Este certificado no puede tener una antigüedad superior a 3 meses.

Since Canada does not issue such a document, you can get ask for a sworn statement at the Canadian consulate here in Spain. I think it costs about 35 euros, but you check with them.

Finally, YOU need proof of medical insurance.


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## AllHeart (Nov 22, 2013)

Hi Maxrob.  I have no idea how to answer your questions, but this might help... This is a government organisation for returning Spaniards, such as your wife. They can hook you up with all kinds of departments within Spain. The problem I seem to remember is that you can't use their contact form with a Canadian phone #, since we have 10 digits in Canada and we have only 9 digits in Spain. Perhaps your honey has someone here with a Spanish phone # so that you can use this? At the very least, you might find useful info on their site. So here it is, the Return Office (Oficina Retorno):

Portal de la CiudadanÃ*a EspaÃ±ola en el Exterior: SecretarÃ*a General de InmigraciÃ³n y EmigraciÃ³n.: Oficina de Retorno


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## CloverOB (Jul 12, 2017)

Hi
I'm from Ireland. Moving to Spain in September with my Canadian common law partner/ fiancee. 

I'm wondering if you guys eventually did manage to prove common law? And what steps you took to get there. 

Thanks!

Clover


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