What Ley 28/2022 actually says
The statutory basis for including an unmarried partner as a dependent is found in Ley 28/2022 (Startups Law). The law recognizes two distinct qualifying relationships, each carrying a different evidentiary burden during administrative review:
- Registered civil partnership (Pareja de Hecho): The relationship is formalized in an official public registry, either a Spanish regional registry or an equivalent foreign authority. The primary document is the official registration certificate, apostilled and translated where required.
- Unregistered stable union (relación análoga a la conyugal): The couple has not registered anywhere, but can demonstrate through objective third-party evidence that they maintain a genuine, continuous, cohabiting relationship equivalent to marriage. The burden of proof rests entirely on the applicants.
A legal marriage certificate is neither required nor the only path. The distinction that matters is whether the non-marital relationship can be evidenced to the UGE’s administrative standard.
Evidentiary burden by relationship type
| Relationship category | Required primary proof | Administrative burden |
|---|---|---|
| Legal marriage | Official marriage certificate, apostilled and translated | Low. An official civil registry record carries an immediate legal presumption. |
| Registered civil partnership | Official public registration certificate, apostilled and translated | Medium. Proof of active registration in an official registry is required. |
| Unregistered stable union | Dossier of objective third-party cohabitation and financial evidence | High. No single document creates the presumption. The applicants must build the case from multiple objective sources. |
Does Spain recognize my country’s civil partnership?
Foreign civil partnerships and domestic partnerships are generally recognized when they are formally registered with an official public authority. Informal agreements and private affidavits are not treated as equivalent to registration. Country-specific notes:
| Jurisdiction | Partnership type | Status |
|---|---|---|
| United Kingdom | Civil Partnership Certificate | Generally recognized, official certificate with Hague Apostille and sworn translation. |
| France | Pacte Civil de Solidarité (PACS) | Generally recognized, official registration certificate issued by French authorities. |
| Germany | Eingetragene Lebenspartnerschaft | Generally recognized, subject to official registration proof and legalization. |
| United States | State / city registered domestic partnership | Depends on jurisdiction. Officially registered state or city partnerships qualify. Informal affidavits require full supplementary cohabitation evidence. |
| Any jurisdiction | Cohabitation agreement / informal affidavit | Insufficient on its own. Must be supported by full cohabitation evidence treated as an unregistered stable union. |
Proving an unregistered stable union
When applying to the UGE without a formal marriage or registered partnership certificate, applicants must provide extensive objective evidence that the relationship is genuine, stable, and continuous. The Ministry’s list sets the floor: at least one year of continuous cohabitation immediately before the application, shown with at least two of its suggested proofs, unless the couple has a child together. Above that floor, quality of evidence matters as much as quantity, the UGE reviews each case on its own record.
Critical: address alignment
Living together is not sufficient by itself if it cannot be verified through third-party records. If a couple has lived together for years but maintained separate official addresses on IDs, leases, or tax filings, the administration may treat the documentary record as insufficient regardless of other evidence submitted. Address consistency across documents is the single most common failure point in unregistered union cases.
Strong evidence
These carry high probative value and form the core of a credible dossier:
- Joint residential lease agreements bearing both names over an extended period
- Historical municipal registration records, Padrón certificates or state IDs showing the same address for both partners
- Joint property deeds or mortgage documents
- Birth certificates of shared biological or legally adopted children
- Joint bank account statements showing shared domestic household expenses over time
- Joint tax returns or filings designating a shared residence
Weak or supplementary evidence
These items may support the file but are not sufficient on their own:
- Personal declarations or notarized affidavits
- Social media photographs, flight tickets, or hotel reservations
- Messaging logs or call records
- Utility bills listing only one partner
Affidavits and personal declarations can corroborate a dossier built on objective evidence, but they do not substitute for it. The UGE’s standard is objective third-party documentation from official sources or commercial institutions.
Income thresholds when including a partner
Including an unmarried partner as an accompanying family dependent increases the mandatory financial threshold for the primary applicant. Thresholds are tied to Spain’s Minimum Interprofessional Salary (SMI) for 2026:
| Application | SMI multiple | Monthly threshold |
|---|---|---|
| Primary applicant alone | ×2.0 | ~€2,849/month |
| Primary applicant + unmarried partner | ×2.75 | ~€3,917/month |
| Each additional child or dependent beyond the partner | +×0.25 | +~€356/month per person |
Income assessment basis
The financial threshold is assessed against the primary applicant’s qualifying income. The primary applicant must independently meet the statutory minimum. The dependent partner’s income does not satisfy the requirement in place of the primary applicant’s. The income requirements guide covers the acceptable evidence for each income type.
Health insurance for the accompanying partner
If your partnership is not registered, your partner cannot be a beneficiary of your Social Security and must be covered by a compliant private health insurance policy providing full coverage in Spain, whatever your route. If it is registered and you will be in RETA, your partner is your beneficiary and needs no private policy; on the Certificate of Coverage route, they need one like you. The policy may be individual or part of a shared family policy, provided it satisfies all statutory criteria: zero copays, zero deductibles, no coverage caps, and issued by an insurer authorized to operate in Spain. The health insurance guide covers the specific requirements and the products that meet them.
Registering as a Pareja de Hecho inside Spain
Some couples enter Spain on their tourist allowance, register their civil partnership in a Spanish regional registry, and then submit their DNV application to the UGE. This sequence is legally possible but requires careful planning:
- Regional registries, not a national registry: Spain’s civil partnership registries are administered at the Autonomous Community level. Requirements and timelines differ between Madrid, Catalonia, Andalusia, and other regions.
- Empadronamiento: Most registries require active municipal registration (empadronamiento) before the partnership can be recorded. The minimum period before registration is accepted varies, from immediate in some communities to several months in others. Confirm the local rule before relying on this sequence.
- Schengen days: The tourist allowance (90 days in any 180-day period) constrains how long the couple can remain in Spain before the authorization is granted. The in-country route works only if the Schengen timing permits the full process.
Frequently asked questions
Can we register as a Pareja de Hecho inside Spain after arriving?
Yes. Some couples enter on their tourist allowance, register in a regional registry, and submit to the UGE. The process requires active empadronamiento in most regions, and the minimum waiting period varies by Autonomous Community, from immediate to several months. Confirm local rules before relying on this sequence.
Does the accompanying partner receive a work permit in Spain?
Yes. Under Ley 28/2022, accompanying family members who receive a residence authorization (including legally recognized unmarried partners) hold an explicit right to work in Spain as an employee or as a self-employed professional (autónomo).
What happens if the partnership ends during residency?
The dependent partner’s authorization derives from the primary applicant’s relationship status. A formal dissolution or end of cohabitation must be communicated to immigration authorities. The dependent partner would generally need to apply for an independent residence permit to maintain legal residence in Spain.
Can we combine both partners' incomes to meet the threshold?
The primary applicant must independently meet the statutory income minimum. The dependent partner’s income does not substitute for the primary applicant’s qualifying income.
Is a U.S. state domestic partnership recognized by the UGE?
Officially registered state or city domestic partnerships generally qualify and are treated similarly to other registered civil partnerships: provide the official certificate, apostilled and translated. Informal cohabitation agreements or affidavits alone are not sufficient and require the full unregistered stable union evidence package.
Evaluating your relationship dossier before filing
Unregistered stable union cases turn on whether the objective documentary record is internally consistent and spans a meaningful period of cohabitation. A single address discrepancy or a gap in joint financial records can be sufficient for the UGE to request a subsanación or deny the dependent application. If you want a professional review of your relationship evidence against current UGE standards before submitting, the free assessment is the right starting point.
Sources: Ley 28/2022 (BOE) · Ley 39/2015, Procedimiento Administrativo Común (BOE). Last updated: 3 October 2026.