Question
My husband and I are moving from Washington, DC to San Sebastian this summer for five months and then we would like to live in the south of Spain for about six months. This is our dream. He has an EU passport (Austria) and I am a US citizen (he is too).
Apparently, he needs to get residency permit and I will get a marriage VISA. Any advice on this process? One lawyer told us that we must have a rental agreement for a year but we only have one for five months. Does anyone know someone in San Sebastian who could help us with the process? Mil gracias!
Answers
These are the answers of Spainguru’s Facebook group members:
“Check out the Gestorias. They can do the bureaucratic procedures for an EU to register with a non-EU spouse.”
“We’re also from DC and in the same situation (although we live in Lima, Perú now): I’m the EU and American citizen, while wife is Colombian and US. We are looking to move in a few years so it is interesting to read the recommendations here.”
“Yes, I just went through this. My husband is a dual national American and Slovakian and I am American. We did need a rental agreement for a year (long term) not sure if there is a way around this. We had to register with our town as residents first (Torremolinos), obtain private health insurance for a years coverage that met the minimum requirements for residency (no copays etc), prove sufficient assets to support ourselves while here (I think the amount depends on region but where we are.
I had to show €33,000, prove we are married which meant a recent copy of our marriage certificate translated by an official Spanish translator here in Spain and apostilled from the state of California where we were married.
The assets proof was 12 months bank statements translated by an official translator as well. First your husband and you would take your rental contract to the town hall and register as residents there. That is the first step.
Once this is done your husband will register as a resident with the government and obtain a card. After his part is done you will need to obtain your family reunification visa and obtain your TIE card.
We moved here October 15th 2024 and I am now on the last step which is waiting for my TIE card. That should be ready in about 30 days so it is a long process. If you only plan to stay here five months though you might want to find other options like a Regimen Comunitario.”
“We did the same in Comunidad de Madrid with a six month lease. We were told by our attorney that the minimum required lease is six months nationwide.”
(Lawyer’s answer) “Your husband will need to apply for his certificado de ciudadano de la UE. Once he gets it, you can apply for your residency as his spouse.”
“You don’t need a visa. The rental contract is for the padrón requirement. Maybe your landlord can make an ‘adjustment’ to help you out.”
“Barcelona does three months– maybe make a pit stop. Maybe one of you can get here earlier…. I don’t believe the padrón discriminates, but I’m not sure.”
Conclusion
Spainguru’s Facebook group members indicate that registering as a resident in Spain with an EU passport holder spouse typically requires a rental contract of at least six months, and often twelve.
This agreement is needed to fulfill padrón (local registry) requirements and begin the residency process. Once the EU citizen is registered, the American spouse can apply for residency under family reunification.
Private health insurance that meets Spanish residency requirements, proof of sufficient funds, and a translated and apostilled marriage certificate are also parts of the process.
While some users mention flexibility in certain cities like Barcelona, seeking legal guidance or using local immigration services is strongly recommended.
