Question
“My partner, son, and I are in the process of applying for a Spain digital nomad visa as an unmarried couple, as he is self-employed. My son and I are going on as his dependents.
We have been speaking with a lawyer who went through everything with us, and now we have paid him he has asked for a civil partnership certificate which we don’t have (do not have a civil partnership) however this was never mentioned previously!
We are currently in Ibiza and can’t really go back twice to do this… Do we 100% have to do this in order to apply together? My other option is me applying separately later on but that will mean I overstay the 90 days”
Answers
These are the answers of Spainguru’s Spain Digital Nomad Visa group members:
“If you have a child together, it’s much more likely that you won’t have a problem without the civil partnership. I would have recommended a civil partnership if possible just to be safe but if you have no option, since you have a child, it will be easier than if you did not. I recommend submitting additional proof such as joint accounts, mortgage together etc.”
“If you decide you want to get the civil partnership done and you are in a rush, I recommend doing it in Gibraltar. It’s faster than in the UK.”
“Oh that’s great to know, thank you! And we can do it in Gibraltar even though we don’t live there? Who do we need to contact?” -“Yes. Many Brits (including John Lennon) get married there. And the civil partnership is ok too. Think the only requirement these days is that you spend one night in Gibraltar.”
“Yes, you can. Keep in mind the apostille needs to be from Gibraltar too.”
“Has the application gone in and you’ve been asked for extra documents? Non-registered partners are a problem for this visa and really your lawyer should have covered this in the very first call.
If you’ve got no possibility of arranging a civil partnership (either here or in your country of origin), then ask your lawyer if a sworn declaration before a notary, listing as much evidence as possible (children in common, house, mortgage, bills, council tax, bank accounts) would be sufficient.
Some people have been successful with this but it’s not 100% guaranteed. There is no point in trying to apply once you have overstayed. It’s an automatic rejection.”
Conclusion
For unmarried couples looking to apply for the Spain Digital Nomad Visa, navigating the legal requirements can be tricky, especially when dependents are involved. The situation becomes more complex without a civil partnership certificate.
Advice from the community suggests a combination of proving cohabitation through shared financial responsibilities or considering a quick civil partnership in Gibraltar as viable solutions.
Join our community!
Make sure to join our dedicated Spain Digital Nomad Visa group here!
