Registered Partnership and Community Card

1. What is a registered partnership?

A registered partnership is a union between two individuals who wish to live together in a stable manner, in a relationship akin to marriage, and decide to formalize it by registering it in an official registry. In Andalusia, registered partnerships are governed by Law 5/2002 of December 16 on Registered Partnerships, published in the Official Gazette of the Government of Andalusia (BOJA), No. 153, dated 28/12/2002.

As stated, a registered partnership involves the registration of the couple in the Autonomous Community’s registry. In Spain, each Autonomous Community has its own registered partnership registry, a situation I personally disagree with, as each Community sets its own criteria, requiring familiarity with 17 different sets of regulations, one for each Community.

Individuals registering as a couple in a registered partnership do not change their marital status. For instance, if someone is officially single according to the civil registry, they will remain single after registering as part of a registered partnership.

2. How to apply for registration as a registered partnership?

1. The registration in the Registered Partnerships Registry of the Autonomous Community of Andalusia can be done at the Territorial Delegations of the Ministry of Health and Families, or at the Town Hall of the locality corresponding to the habitual residence in Andalusia, i.e., where one of the partners is registered as a resident.

We always recommend that both individuals interested in registering as a couple attend the registration process. Our law firm assists in scheduling all necessary appointments and provides guidance on the addresses and documents required for the application.

3.What documentation is required for registration as a registered partnership?

The necessary documentation for registering as a registered partnership includes the following:

1. Statement of Intent: This is a public document that must be signed before a notary. In this statement, both individuals wishing to form a stable partnership as a registered couple declare that there are no impediments to their union. Notaries are well-versed in drafting such statements, so obtaining this document at any notary office should not pose a problem.
2. Birth Certificates: Birth certificates of both individuals must be provided. If one is a foreign national, their birth certificate must be legalized or apostilled, depending on the country of origin, and must be accompanied by a sworn translation if it is not in Spanish.
3. Certificate of Single Status or Civil Status: These certificates, issued by the Civil Registry of each individual, must confirm that both are single, or if applicable, divorced. These documents must prove that the couple is eligible to register and that neither party is married to another person.
4. Application Form: The application form must be fully completed with all necessary information for registration. This form can be downloaded or requested at the registered partnership registry office in the relevant Autonomous Community, as each Community uses a different template.
5. Identity Documents: Copies of identity documents must be presented. If one partner is a foreign national, a passport can be used. I recommend that on the same day the Statement of Intent is signed before the notary, certified copies are made, and these are included in the application file.

4. Applying for the Family Member of an EU Citizen Card (or Community Card) as a Registered Partnership for Foreign Nationals

There are two clear reasons why people choose to register as a partnership today. One is the desire to formalize and publicize their relationship without opting for a civil marriage. Another significant reason arises when one partner is a foreign national without a residence permit. In such cases, maintaining a relationship with a foreign partner in an irregular situation in Spain—who cannot work or fully participate in family life with the Spanish citizen—can be challenging.

For this reason, many couples decide to register as a partnership to enable the foreign national to apply for the Family Member Residence Card of an EU Citizen, also known as the Community Card.

This procedure must be carried out at the Immigration Office of the province where you are registered as residents. Compliance with all the requirements set forth in Royal Decree 240/2007 on the entry, free movement, and residence of citizens of EU Member States and other States party to the European Economic Area Agreement is mandatory.

The entire process of registering as a partnership—including the notary, town hall, Immigration Office, and fingerprinting at the Police Station—can be somewhat complex if it is your first time. For this reason, I recommend consulting a professional to avoid delays and potential issues during the process.

If you have further questions about the procedure to register as a partnership or to apply for the corresponding Residence Card, do not hesitate to contact our law firm.

Best regards,
Ricardo Cárdenas
Lawyer No. 10,756 of the Illustrious Bar Association of Málaga
Expert in Immigration and Nationality Law