PdH with a citizen does NOT give you right to work; marriage does ?
But PdH followed by getting tarjeta comunitaria does give you the right to work.
My understanding is that doing (and potentially undoing) pareja de hecho has ZERO implications for taxes
and inheritance and ownership of assets. So a much simpler process than marriage (and potentially divorce).
In Spain even if you get married, you have two fiscal regimens to choose from. You can either do gananciales,
which means you share everything, and bienes separados, which means you only own the assets under your name
and the liabilities under your name. I believe with pareja de hecho you automatically get bienes separados,
but if not, there is a process and you can choose it, so either way you are covered.
Before or after marriage, you can specify the "fiscal regime" ("régimen económico") of the marriage
by creating a notarized "capitulaciones matrimoniales" document. Apparently it's simpler and
cheaper to do it before marriage.
Apparently, names and procedures of PdH vary by region. Name of PdH may be "Pareja de Hecho"
or "Pareja Estable" or some local equivalent ?
If your PdH is approved, you can have a little ceremony at the govt office.
Then about 30 days later, you will receive an official certificate in the mail.
Then you can apply online for a cita to apply for tarjeta comunitaria.
After you apply, you will get a paper that says your application is in process.
With that paper, you can be hired by a company.
You have to get a "certificado de solteria" that says you are single. If you get it from USA, have it apostilled there.
If you get it from US embassy or consulate in Spain, have it legalized at the Ministerio de Asuntos Exteriores.
5/23: Had an appointment at local government office (on Calle Consistorio).
Got paper application forms; the electronic one online is totally different
and makes no sense. Found that the application and interview will be done in this office;
we don't have to go to Cadiz. My lady was born in Peru but now is a Spanish
citizen; we're told that she needs documents from Spain, not Peru. All good news.
I already have residency; after we get PdH, probably next time I go to renew my
residency, I'll be given a 5-year renewal instead of a 2-year renewal.
Later, looking at the papers we were given:
Nowhere do the papers say you must have been padron together for N months, or even padron together
on the date of application, and nowhere do they say you must show a padron of any kind.
But the main "Solicitud de Inscripcion" application form has spaces for both names and only
space for one address, implying that you must be living together.
In USA, went to my state offices. Cost $92 to get certified birth certificate and no-marriage certificate,
another $80 to have them apostilled.
The birth certificate is mostly handwritten (it's the original form filled out by the doctor or nurse),
and hard to read, so I typed up a text file of my reading of it, to make things easier for the translators.
Also, I'm pointing out to the translators that the two apostille pages are absolutely identical except
for a certificate number, so really I need 3 pages translated instead of 4.
8/20: In Spain, sent email to four translator services, asking for quotes. Three responded, and one of them
was half the price of the others:
Idiomatic Language Services
8/22: Emailed scans of my documents, to be translated.
8/24: Went to Registro Central in Jerez to get solteria document for my lady, and they
said "oh, after you do PdH at the local ayuntamiento, you have to come here and
do it a second time, with a second set of original documents" ! And we need to show
two years of padron together ! Local ayuntamiento didn't say anything about this.
Local ayuntamiento gave us nice clear printed instructions, but the registro has nothing
to give us except oral instructions. Argh ! At least there are no fees charged at the registro,
either for the solteria document or the PdH.
8/24: Translation is done, received scans in email. Asked for second set of paper copies.
8/31: Received translations in paper mail: two sets of paper copies. Total cost was €91.
9/4: To local city hall, and did pareja there. Lots of forms and handing over
papers and signing and stamping stuff. Good news: we have everything needed (mainly, birth certificate and
soltera certificate for each of us; no padron needed). Bad news:
the man is taking all of our originals, and we're going to need a second set of originals
for the registro central. He won't accept compulsados, and neither will registro;
they both demand originals. Charge here today is only €2.50, but we've paid about $300 to get
these original documents from USA and Barcelona, and we're going to have to get another
complete set. Mayor has to sign our certificate here, so we'll receive that in about 2 months [later,
I'm told no, it will be mailed to registro].
Were given a stamped copy of first page of our application form, as proof we applied.
9/7: Mailed forms to USA to start getting another copy of birth certificate and no-marriage certificate.
9/20: Went to registro civil, and my partner negotiated with them. They may accept some form
of "compulsado" from the ayuntamiento about my documents. At registro, there will be an interview of
sorts, so I have to know a bit of Spanish. They want 2 years of padron. None of this is written down anywhere.
9/21: To town hall, and my partner talked them into doing compulsados of my USA original documents,
to take to Registro. But there's a problem with her padron.
9/28: To the Registro Civil with my partner and her parents. In and soon the four of us are in the office with a lady.
We hand over a mound of documents and forms and ID cards. It seems to be sufficient, even though
a couple of our documents have defects (no originals of my US documents, since we handed them in at ayuntamiento,
and my partner's padron has a 4-month gap in it, so she shows utility bills).
Her parents hand over their IDs and sign a form attesting that we're honest people and not running a scam.
Then the three of them clear out of the office and the lady talks to me to write up a document.
Takes about 15 minutes, and stretches my Spanish language abilities. It's an interview/quiz, and I have to
tell her things such as the names of my partner's parents and son, how we met, how long we've lived together, etc.
She prints up the document, I correct it, she prints it again, I sign it, then I'm out and my partner is in.
Her interview takes even longer than mine, which surprises me, since she knows the language.
Turns out she was bonding with the lady, they chatted about all kinds of things.
Then we're out. Our application and documents are submitted. They will get back to us with any
additions needed. I have to continue getting second set of originals from USA, apostilled and translated.
10: Ordered and received new documents from USA.
11/7: Ordered new translations for new documents.
11/22: Went to Registro to deliver translated documents. Where my partner is told "we don't need those,
we already have everything we need, you just had to call us to schedule your appointment for the final steps and ceremony,
but sorry, earliest appointment we have is 2 months from now". Great, $250 down the drain, and they could have
called us a month ago to schedule the final stuff.
1/16: Went to Registro to deliver photocopies of the DNIs of the two people who will be our witnesses.
1/19: Went to registro in nice clothes with our witnesses, to appear before a judge. Each group of people has a 5-minute
time-slot. The judge read a short statement, asked if we were doing this of our own free will, etc. All four of us
signed a form, judge gave us a Libro de Familia, we exchanged rings and kissed, judge said all done, and we're out.
So, the whole process took 8 months (probably could have been 4 if we'd pushed and been lucky), and cost about $550.
I notice that the Libro de Familia has "matrimonio" printed in it (not handwritten or typed, it's there in the basic
printing of the booklet) in several places, and doesn't say "pareja de hecho" anywhere. Did we accidentally get married instead of PdH ?
I was able to download a "Certificado Matrimonio" online from Andalucia via
Portal Adriano's "Obtencion del certificado de matrimonio"
And it says "(4-2) Matrimonio: (4-2-1) Civil".
There seems to be no way to check the PdH registry of Andalucia online. No way to request a certificate.
2/4: I'm starting to suspect that we're BOTH PdH and married(civil). We did first at Ayuntamiento,
then they said we had to go to Juzados/Registro. I think that was wrong; we did PdH at Ayuntamiento
and then marriage at Juzgados. We never received any certificate from Ayuntamiento.
My experience doing a notarized "capitulaciones matrimoniales" document in Barcelona in 2018:
Catalunya allows one to register as PdH either in-person or online.
section of this page.
If you got residency or TC by virtue of becoming PdH with a citizen, your residency or TC is dependent
on the PdH. If you remain PdH for 3 years, that dependency then is removed, and you have the
residency or TC in your own right. The PdH can be terminated after the 3-year mark without
affecting your residency or TC.
In Spain, it is not common to change name after marriage, but there IS a procedure for changing one's name:
Apparently there is no way of registering a foreign marriage in USA. If you're married in Spain,
you're married in USA. If you want a US Catholic church to recognize your Spanish Catholic marriage,
there might be some church way to do that.
If married in Spain, you DO have to change your filing status on US income tax returns.
The rates and deductions are different; you can't file as "single" any more.
If a US citizen marries a Spanish citizen who already has a Spanish citizen adult dependent child,
does that open any avenue for the two Spanish citizens to acquire US citizenship ?