For years, the recognition of marriage between a foreign national and a Spanish citizen has been subject to inconsistent interpretations in immigration procedures. However, the General Directorate for Migration Management (DGGM) has taken a clear step forward by issuing an official notice that unifies criteria and brings legal certainty to thousands of applicants.
You can access the full text of the official criteria published by the General Directorate for Migration Management below (in Spanish):
⏺️ Marriage is declarative, not constitutive
According to the criteria issued by the DGGM on June 30, 2025, the registration of a marriage in the Spanish Civil Registry is not constitutive. This means it is not mandatory to prove the marital bond in immigration procedures—such as applying for a residence permit as a family member of an EU citizen (EU regime).
Registration in the Spanish registry is one means of proof, but its absence may be substituted by a foreign marriage certificate, as long as it complies with the applicable legalization and translation requirements.
⏺️ What requirements must the foreign certificate meet?
A marriage certificate issued abroad must meet the following conditions:
- It must be duly legalized or apostilled, unless exempt under Regulation (EU) 2016/1191 or applicable international conventions that waive the legalization requirement.
- It must be translated into Spanish (if applicable), using a sworn translation or equivalent, in accordance with Spanish administrative regulations.
- It does not need to be recently issued, unless the competent immigration office has reasonable grounds to suspect that the marital relationship no longer exists. Otherwise, foreign public documents shall be considered valid based on the period of validity stated in the document itself.
⏺️ Which procedures are affected by this criterion?
This official criterion applies specifically to immigration procedures governed by:
- The Spanish Immigration Regulation, approved by Royal Decree 1155/2024, which regulates the right of non-EU nationals to live and work in Spain.
- Law 14/2013, on support for entrepreneurs and their internationalization, including residence options for investors and entrepreneurs.
⏺️ What about Spanish nationality applications?
This is the one area where discrepancies persist. The Sub-Directorate General for Nationality and Civil Status (under the Ministry of Justice) still requires that the marriage be registered in the Spanish Civil Registry to benefit from the reduced residency period of one year when applying for Spanish nationality based on marriage to a Spanish citizen.
⏺️ Conclusion
The new criteria issued by the General Directorate for Migration Management reinforce what many legal professionals have long argued: that the registration of a foreign marriage in the Spanish Civil Registry is not mandatory to prove the relationship in immigration matters. This clarification simplifies procedures and enhances legal security for foreign families wishing to settle in Spain.
At ARC Legal, we’re here to help you prepare your application and ensure your documents meet the legal requirements.
⏺️ Need help with your immigration or nationality procedures?
At ARC Legal, we guide you through the entire process. We review your documentation, answer your legal questions, and manage your application with professionalism and care—whether you’re applying for a student stay, a residence permit, or Spanish nationality.
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Prefer to read this article in Spanish 🇪🇸? You can find it here: ¿Es necesaria la inscripción en el Registro Civil para pedir residencia por matrimonio con español?
The information provided in this article is for general guidance only and does not constitute legal advice. Although we strive to ensure up-to-date and accurate content, immigration regulations are subject to change and interpretation by the relevant authorities. For personalized legal assistance, we recommend consulting a specialized immigration lawyer.