Pareja de Hecho for residence (Barcelona)

Do you want to know how to establish a pareja de hecho that is valid for residence procedures?

In this post we will explain everything necessary to carry out the pareja de hecho process as a requirement for certain immigration procedures. We will explain it for Barcelona, where we have our office, but it may be useful for other provinces as well. You should know, first of all, that the legislation applicable to parejas de hecho is Ley 25/2010, de 29 de julio, del libro segundo del Código civil de Cataluña, relativo a la persona y la familia., regarding individuals and families. Additionally, if you need to know how a pareja de hecho works beyond the requirement for immigration procedures, you can find information here: How to Form a Pareja de Hecho in Barcelona.

Remember that if you are in a situation where you need to establish a pareja de hecho for immigration purposes and you are in Barcelona or its Metropolitan Area, do not hesitate to contact us to hire a lawyer experienced in this matter through the Contact Form.

Basic Concepts of Pareja de Hecho

We can define pareja de hecho as:

A legal relationship between two individuals, analogous to marriage, registered in a registry to be recorded and to be valid under the Law, in all its effects.

AB Legal Services

These are the basic elements of a pareja de hecho: a relationship is established, explicitly or implicitly recognized, between two individuals, and from the recognition of this relationship, certain consequences and rights arise (such as being able to process a Residence Card for Family Member of an EU Citizen).

The legal text establishes three ways to form a stable partnership in Barcelona and Catalonia:

In any of these three circumstances, we would already be facing a pareja de hecho. But do we have enough time to wait for two years? The answer is usually no, let alone having children. That’s why most parejas de hecho are formalized before a notary. This will be our case: if we need to be in a pareja de hecho with a Spanish citizen to obtain residency, we will not wait two years: we can go to the notary and establish a pareja de hecho right there, allowing us to initiate the appropriate immigration procedure for these types of unions: the Residence Card for Family Member of a European Union Citizen (TRFCUE).

Important: parejas de hecho require the existence of a real and existing bond between the parties involved. This often involves knowing the life and circumstances of the person with whom we are entering into a stable partnership. Otherwise, if you go to a notary on your own with the intention of committing fraud in the union, you may not be allowed to establish a pareja de hecho.

One last thing: you should know that there are certain circumstances in which you cannot form a pareja de hecho, mainly being married. You can review this information here: How to Form a Pareja de Hecho in Barcelona.

Residence Card for Family Member of a European Union Citizen (TRFCUE) and Parejas de Hecho

You may have heard about how to regularize the situation of a foreigner in Spain through a pareja de hecho. The first thing you should know is that this is possible: one of the main immigration procedures in Spain involves being a family member of a Spanish citizen or a citizen of the European Union. This can work for mothers/fathers and children, but also for married couples or those in a pareja de hecho. Therefore, the procedure is called the Residence Card for Family Member of a European Union Citizen, that is, the residence and work permit granted to family members of Spaniards and other EU countries.

In this procedure, beyond a series of requirements that we can indicate to you, and that we can process for you if you are in Barcelona, we will need some form of evidence of the bond between the applicant for the residence and work permit and the family member entitled to it. For this purpose, there is nothing better than a pareja de hecho, as it allows for the quick and effective proof of the necessary bond between the two. As you already know, the best way to do this is through a notary, by presenting the necessary documents, because it allows for the immediate establishment of the pareja de hecho instead of waiting two years or having children, and it is cheaper and simpler than marriage.

Advantages of Establishing a Pareja de Hecho

The main advantages of a pareja de hecho for immigration procedures compared to other types of unions (mainly marriage) are as follows.

Speed: Since establishing a pareja de hecho before a notary is very easy, with the assistance of a trusted lawyer and notary, you can establish your pareja de hecho in Barcelona in just a few weeks, just in time to submit your paperwork for an immigration procedure.

No cohabitation required: By using our notary, we will not need to prove two years of cohabitation, nor will the requirement of common offspring be necessary.

Ease of breaking the bond: In case the bond needs to be broken, unlike marriage, you will not have to go through a long and tedious divorce procedure, but rather a simple notification of the intention to break it to the other party would suffice to consider it terminated.

Termination of the bond and immigration procedures: If we have formed a stable partnership with the intention of obtaining residency, the period during which the pareja de hecho must be in force to obtain residency is 3 years. That is, if the pareja de hecho is formalized before a notary in Barcelona at the same time as the residency procedure is initiated, this pareja de hecho must subsist for at least 3 years, without being able to break the union (be careful! we cannot marry another person either, as that would break the stable partnership).

Do You Need a Lawyer to Form a Pareja de Hecho in Barcelona?

Since it is not a judicial procedure, you do not need a lawyer or a solicitor. However, at AB Legal Services, we recommend that you have legal assistance, to avoid any surprises and to be on the safe side. Thus, if you have our legal assistance:

• You won’t have to worry about what evidence you need to prove two years of cohabitation.
• If you go to the notary, you will know for sure what documents you need for your specific case.
• Guidance throughout the procedure, including all inquiries you may have regarding the matter.
• Signing of the pareja de hecho before a trusted notary, who can provide public evidence of the union to the Public Administration (important in immigration procedures).
• Drafting of agreements if necessary.
• Processing (optional and separately budgeted) of the Residence Card for Family Member of a EU Citizen in Barcelona or nearby areas.
  

Conclusions: Forming a Pareja de Hecho in Barcelona for Immigration

Now that you know everything you need to establish a pareja de hecho to process an immigration procedure, do not hesitate any longer: put yourself in the hands of our professional experts at AB Legal Services, and let us help you obtain your pareja de hecho in Barcelona.

Remember, if you are in a situation where you need to establish a pareja de hecho for immigration purposes and you are in Barcelona or its Metropolitan Area, do not hesitate to contact us to hire a lawyer.