Is it challenging for me and our baby, as an unmarried partner of a Spanish resident with an EU passport, to migrate to Spain, and what visas are required for us?

Question about Spanish resident with an EU passport

Is it possible for me to migrate to Spain with my European boyfriend, who is a Spanish resident with an EU passport, without being married?

  1. Does our baby, born in Spain with the father being an EU citizen, require a visa to stay in Spain?
  2. If visas are required, what type of visas would I and the baby need to live in Spain with my European boyfriend?

Answers

These are the answers of some Facebook group members:

”It will be difficult for you to migrate to Europe someday if you don’t register your son as an Italian citizen at the Italian embassy right now. While you and his father are still together, he has to be recognized by his father as his son. This way, if ever you two broke up in the future, your son as an Italian citizen can get a visa for you to migrate with him in Europe”

”1. Obtain Italian passport for your child. 2. Apply for residency in Spain as EU citizen for your child. One parent must have a residency card. 3. As a Stable Family unit with a birth certificate with all your names you apply for residency as a Family Member of EU Citizen”

”To enter Spain you will need a Schengen Type C visa from the consulate in Makati. When you apply, look carefully at the form and do not answer the questions marked with an asterisk. Once in Spain, you will apply for a residence card using form EX19. There is no need for you to do a PdH with a notary. It is all quite simple”

”I am a Spanish resident and I got a Spanish reunification visa for my pinay wife to join me in Spain (without child) and it was a long, complex and very expensive process, not recommended without the help of a good Spanish solicitor. For example, just the cost of translating all Filipino documents to Spanish by a legal translator cost around 1000 euros. It could be a little harder for you 2 as your not yet married”

”I should add, obtaining the Schengen Type C visa is a critical step. You will be applying as the partner of an EU citizen, so it is at this point that you will present all of the evidence of your relationship such as joint bank accounts, shared address, and of course your child. The more evidence you provide, and over a long period of time, the better. Write in big letters “partner of a EU citizen” on the form and on your cover letter. This will make the EX19 process in Spain easier because your relationship credentials will already have been examined and approved”

”Get your kid a eu passport and even if not married, having a kid with a eu citizen would help to apply as a family member of a eu citizen”

Conclusion

In conclusion, according to Spainguru Facebook group members, it is possible to migrate to Spain with an European partner, in this case a Spanish resident with an Italian passport (EU citizenship), without marriage, but it’s crucial to register children as an EU citizens and obtain the EU passports. Then it is possible to apply for family member residency in Spain, with one parent holding a Spanish residency card, and provide evidence of your relationship. While a Schengen Type C visa may be needed initially, the subsequent residence card application in Spain can establish the family’s legal presence in the country, facilitating the stay.