- Marriage is proven by a certificate. A pareja de hecho is treated as equivalent to marriage if it is registered in a public register of an EU state or proven: 12 months of living together or a child in common (article 66 RD 1155/2024) [1].
- Marriage, a registered partnership and an unregistered stable partnership are considered incompatible: you cannot hold two statuses at once for one application (articles 66.1 b and 94.1 RD 1155/2024) [1].
- In Catalonia a couple is considered stable (parella estable) if you have lived together for more than two years, you have a child in common or you have formalised the relationship before a notary. Entry in the Registre de parelles estables is voluntary and does not by itself create the partnership [2][3].
- Under the EU citizen family regime (RD 240/2007), only a partnership registered in a public register is treated as equivalent to marriage. An unregistered stable partnership is considered separately (article 2 bis) [4].
- For the digital nomad residence permit, the law refers to a “person in a relationship analogous to marriage” without defining it, and the UGE asks for a document proving cohabitation [5][6].
What counts as marriage and pareja de hecho when applying for a residence permit?
For immigration procedures the law distinguishes three statuses. Marriage is proven by a certificate; the spouse must be over 18, not legally separated, and the marriage must not have been entered into to circumvent the law [1]. A registered partnership (pareja registrada) is a couple whose relationship, analogous to marriage, is entered in a public register of an EU state, and the entry has not been cancelled [1].
A stable partnership without registration (pareja estable debidamente probada) is a couple who can prove they have lived together for at least 12 continuous months, in or outside Spain; for a couple with a child in common no prior period is required as long as the relationship continues [1]. These definitions are set out in article 66 (reunification with a resident) and article 94 (family of a Spanish citizen) of RD 1155/2024 [1].
What are the requirements for each status?
| Criterion | Marriage | Registered partnership | Stable partnership without registration |
|---|---|---|---|
| How it is proven | marriage certificate | entry in a public register of an EU state | any admissible evidence of a stable relationship |
| Partner’s age | over 18 | over 18 | over 18 |
| Period of living together | not required | not required | 12 continuous months; not required with a child in common |
| Exclusions | legal separation, marriage to circumvent the law | cancelled entry, circumvention of the law | no proven relationship |
| Compatibility | incompatible with the other two | incompatible with the other two | incompatible with the other two |
The table describes the general regime of RD 1155/2024. For reunification visas the consulate checks the originals of the documents proving the relationship [1]. For the DNV the UGE accepts an original or a copy with an apostille and translation [6].
What is pareja estable in Catalonia and is it linked to a residence permit?
A parella estable under the Código civil de Cataluña means two people who live together as a married couple, if they have lived together for more than two years without interruption, have had a child in common while living together, or have formalised the relationship before a notary (article 234-1 Ley 25/2010). The following cannot form a couple: minors who are not emancipated, close relatives, people who are married and have not actually separated, and those living as a couple with a third person (article 234-2) [2].
The Registre de parelles estables de Catalunya has operated since 1 April 2017. Registration is voluntary, does not create the couple and needs the consent of both partners: it is a means of proof [3]. A notarial deed does not reach the register automatically; the partners have to ask the notary to send the details [3]. You would expect an entry in the Catalan register to be accepted as an entry in a public register of an EU state under RD 1155/2024, but we have not found a clear statement from Extranjería on this. More: pareja de hecho in Catalonia and the residence permit.
Is the outcome the same under different residence regimes?
| Regime | Unmarried couple | Source |
|---|---|---|
| Reunification with a resident | registered partnership or stable partnership with 12 months or a child in common | RD 1155/2024, art. 66 [1] |
| Family of a Spanish citizen | the same two options, and the same incompatibilities | RD 1155/2024, art. 94 [1] |
| Family of a citizen of another EU state | only a registered partnership automatically; a stable partnership is considered as an “other family member” on the evidence | RD 240/2007, arts. 2 and 2 bis [4] |
| Family of a DNV holder | “persona con análoga relación de afectividad” without a definition | Ley 14/2013, art. 62.4 [5] |
Conclusion: marriage gives the most certain position in every regime, while a pareja de hecho requires evidence whose form depends on the regime. Detailed procedures: reunification with a spouse and family on the DNV.
What depends on the case and what don't we know?
We have not found an official clarification of how the UGE assesses an unmarried couple under the DNV, or whether it treats a notarial deed without a register entry as equivalent to an entry. It is also unclear whether a joint empadronamiento is considered sufficient proof. The requirements for income, insurance and housing do not depend on the form of the union. The choice between marriage and a pareja de hecho affects taxes, property and inheritance: that is a question for a lawyer.
If you plan to formalise your relationship in Catalonia, choose the immigration route first and then the form of the union. The family route card shows what the whole route looks like for a family, and the details for each regime are collected on the family reunification page. Formalising a partnership: pareja de hecho in Barcelona; marriage: marrying a foreigner in Spain.
What happens on separation in a family reunification case is governed by Article 69 RD 1155/2024: an independent permit is possible if the partnership or marriage lasted at least three years, one of them in Spain. The application is filed within six months of notification that the claim for divorce, legal separation or annulment of the marriage, or for cancellation of the partnership registration, has been admitted [1]. The rule says nothing directly about an unregistered stable partnership, so a consultation is needed here.
Frequently asked questions
Can I get a residence permit as an unmarried partner?
Do I need to register a pareja de hecho to apply for a residence permit?
How long do you have to live together for the couple to count as stable?
Is a joint empadronamiento enough?
Can you be married and in a pareja de hecho at the same time?
What happens if we separate?
Official sources
- BOE · Real Decreto 1155/2024, articles 66, 69, 94 ↗
- BOE · Ley 25/2010, libro segundo Código civil de Cataluña, articles 234-1 and 234-2 ↗
- Departament de Justícia · Registre de parelles estables de Catalunya ↗
- BOE · Real Decreto 240/2007, articles 2 and 2 bis ↗
- BOE · Ley 14/2013, article 62.4 ↗
- Ministry · Documentación orientativa para solicitar autorización de residencia para familiares (PDF) ↗
Sources reviewed on 02.10.2026. Consolidated texts and government reference pages are for information only: applying the law depends on official publications, amendments and the specific circumstances. Reviewed by lawyer Francisco Romero Jiménez (ICAB 33641) on 21.10.2026.
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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.