Complete 2026 guide to the declaration of responsibility required in family member of Spanish citizen residence applications in Spain.

Since the entry into force of Spain’s new Immigration Regulation, many foreign nationals who are married to, registered as partners with, or in a stable relationship with a Spanish citizen are applying for the new temporary residence permit for family members of Spanish nationals. This residence route has created a specific legal framework for certain non-EU family members of Spanish citizens and, in many cases, replaces the previous practice of applying under the EU citizen family member regime.

One of the documents that often raises questions is the declaration of responsibility signed by the Spanish citizen. It may look simple, but it should not be underestimated. In immigration procedures, a missing or poorly drafted document can lead to delays, official requests for additional documentation, or unnecessary complications.

In this article, we explain what this declaration is, who must sign it, when it is required, what it should say, and how to prepare it correctly in 2026. If you are preparing a residence application as the spouse, registered partner or stable partner of a Spanish citizen, you can schedule your consultation here with one of our immigration lawyers.

What is the declaration of responsibility signed by the Spanish citizen?

The declaration of responsibility is a written statement signed by the Spanish citizen confirming a specific personal circumstance. In the context of the residence permit for family members of Spanish nationals, this declaration is required in applications submitted in favour of a spouse or partner.

In practical terms, the Spanish citizen declares that no other spouse or partner resides with him or her in Spain.

This document is not a contract. It is not a financial guarantee. It is not a notarial deed in ordinary cases. It is a formal declaration made by the Spanish citizen in connection with the foreign family member’s residence application.

The administrative guide on this new residence permit expressly includes, among the documents relating to the Spanish national, a declaration of responsibility stating that, in applications for a spouse or partner, no other spouse or partner resides with the Spanish citizen in Spain.

This is why the document is particularly relevant in applications based on:

marriage to a Spanish citizen;

registered partnership with a Spanish citizen;

stable non-registered partnership with a Spanish citizen.

Although the declaration is short, it must be accurate, properly signed and consistent with the rest of the application. A simple document can create problems if it is signed by the wrong person, drafted too vaguely, or contradicted by other evidence in the file.

If you are unsure whether this declaration is required in your case, you can schedule your consultation here and our team will review the appropriate legal route for your application.

Who must sign the declaration?

The declaration must be signed by the Spanish citizen who gives the foreign national the right to apply for this residence permit.

If the application is for the foreign spouse of a Spanish woman, the Spanish woman must sign the declaration. If the application is for the registered partner of a Spanish man, the Spanish man must sign it. If the application is based on a stable partnership, the Spanish citizen in that relationship must sign the declaration.

This is a very common source of confusion. The foreign national is usually the person who will obtain the residence permit, but the declaration itself refers to the Spanish citizen’s personal situation. Therefore, the Spanish citizen must sign it.

The foreign applicant may need to sign other documents, forms or authorisations. However, this specific declaration confirming that no other spouse or partner resides with the Spanish citizen in Spain should be signed by the Spanish citizen.

The declaration should normally include:

the full name of the Spanish citizen;

DNI or Spanish passport number;

address in Spain;

full name of the foreign family member;

type of relationship: spouse, registered partner or stable partner;

date and place of signature;

signature of the Spanish citizen.

The document should be clear and direct. It does not need to be unnecessarily long. In immigration law, clarity is usually better than excessive wording.

When is this declaration required?

The declaration is especially relevant when the application is submitted in favour of the Spanish citizen’s spouse or partner.

This includes three main situations.

First, where the foreign national is married to the Spanish citizen. In this case, the marriage certificate will normally be one of the central documents in the application.

Second, where the foreign national is the registered partner of the Spanish citizen. In Spain, this is often referred to as pareja registrada or pareja de hecho, depending on the regional register and the specific legal context.

Third, where the foreign national is in a stable non-registered partnership with the Spanish citizen. In these cases, the evidence of the relationship is usually more delicate, because the couple must prove a stable relationship comparable to marriage under the conditions established by the regulation.

The declaration is not necessarily required for every family member category. For example, the documentation required for a child of a Spanish citizen, an ascendant, a parent of a Spanish minor, or another dependent family member may be different. Each category has its own legal and documentary logic.

This is why it is important not to prepare all family residence applications in the same way. A spouse case is not the same as an ascendant case. A registered partnership is not the same as a stable non-registered relationship. A child under 26 is not the same as another family member who must prove dependency.

Before preparing the file, the first step is to identify the correct family category. If you need legal assistance with this analysis, you can schedule your consultation here.

What should the declaration say?

The declaration should be simple, accurate and specifically connected to the residence application.

A practical model could be the following:

DECLARATION OF RESPONSIBILITY

Mr./Ms. [FULL NAME OF THE SPANISH CITIZEN], of legal age, Spanish national, holder of DNI/passport number [NUMBER], residing at [FULL ADDRESS],

DECLARES UNDER HIS/HER RESPONSIBILITY

That, for the purposes of the application for temporary residence authorisation as a family member of a Spanish national in favour of Mr./Ms. [FULL NAME OF THE FOREIGN FAMILY MEMBER], holder of passport number [NUMBER], as his/her [spouse / registered partner / stable partner], he/she declares that no other spouse or partner resides with him/her in Spain.

In witness whereof, this declaration is signed in [CITY], on [DATE].

Signature:
[FULL NAME OF THE SPANISH CITIZEN]

This model should be adapted to the specific case. If the relationship is a marriage, the document should refer to the foreign national as the spouse. If the relationship is a registered partnership, the document should say registered partner. If the application is based on a stable partnership, the wording should be consistent with that legal category.

The key point is that the declaration must be truthful and consistent. If there was a previous marriage, a divorce abroad, a previous registered partnership, or a complex family situation, the file should be reviewed carefully before submission.

In immigration procedures, contradictions matter. If the Spanish citizen declares that no other partner resides with him or her in Spain, but the file contains documents suggesting another unexplained relationship or cohabitation, the Immigration Office may request further evidence or examine the case more closely.

At Visal Immigration Lawyers, we strongly recommend avoiding generic templates when the case has any complexity. A short declaration may be enough in straightforward cases, but it must be part of a coherent and well-prepared file. You can schedule your consultation here if you want one of our lawyers to review your documentation before filing.

Does the declaration need to be signed before a notary?

In ordinary cases, this declaration does not usually need to be signed before a notary. A written declaration signed by the Spanish citizen, together with a copy of the Spanish citizen’s valid DNI or passport, will often be sufficient.

However, there may be situations where a stronger form of evidence is advisable. For example, if the Spanish citizen is outside Spain, if there are doubts about the signature, if the case involves previous marriages or partnerships, or if the Immigration Office specifically requests a more formal document.

That said, it is not always better to make a document more complicated. Immigration authorities generally need documents that are clear, relevant and legally connected to the requirement. A long notarial declaration may not be necessary if the case is straightforward.

The right approach depends on the file. In a simple spouse or registered partner case, a clear signed declaration may be enough. In a complex case, additional legal analysis may be required.

How this declaration fits into the full residence application

The declaration of responsibility is only one part of the file. It does not replace the rest of the required documentation.

In a spouse application, the marriage certificate will usually be essential. If the marriage took place outside Spain, the certificate may need to be legalised or apostilled and translated into Spanish by a sworn translator, depending on the country of issue and the applicable rules.

In a registered partnership case, the certificate proving the registration of the partnership will be important. It should normally be recent and issued by the competent authority.

In a stable partnership case, the evidence may be more complex. The couple may need to prove a stable relationship comparable to marriage, including evidence of cohabitation for the required period, unless there are common children and the applicable rules allow an exception.

The administrative guide also refers to other documents such as full copies of passports, proof of the family relationship, and specific evidence of dependency, cohabitation, serious health reasons or disability where applicable.

Therefore, the application should be prepared as a complete legal file. The declaration should match the rest of the documents. Names, dates, passport numbers, addresses and relationship status should be consistent throughout the file.

A common mistake is to focus only on one document and ignore the overall structure of the application. Immigration authorities review the file as a whole. A good application should answer three basic questions clearly: who is the Spanish citizen, what is the family relationship, and why does the foreign national meet the requirements for the permit.

What happens if the declaration is missing?

If the declaration is required and is not submitted, the Immigration Office may issue a request for additional documentation. This does not always mean that the application will be refused automatically, but it can delay the process.

A request for additional documentation creates several practical issues. The applicant must receive the notification, calculate the deadline, prepare the missing document and submit it correctly. If the response is late or incomplete, the application may be negatively affected.

For this reason, the best strategy is to submit the declaration from the beginning whenever it is required. Preventing a request is usually better than trying to fix an incomplete file later.

It is also important to remember that immigration deadlines must be taken seriously. Once the Administration issues a request, the applicant usually has a limited period to respond. Missing the deadline can have serious consequences.

If you have already submitted your application and you believe that this declaration was not included, it may be possible to submit additional documentation voluntarily, depending on the stage of the procedure. However, this should be assessed carefully. You can schedule your consultation here and we will review the best strategy for your case.

Common mistakes when preparing the declaration

One of the most common mistakes is that the foreign national signs the declaration instead of the Spanish citizen. This is incorrect because the declaration refers to the Spanish citizen’s personal situation.

Another common mistake is using wording that is too vague. For example, a declaration saying “we are a couple” or “we live together” may be useful in another context, but it does not necessarily replace the specific declaration required: that no other spouse or partner resides with the Spanish citizen in Spain.

A third mistake is using outdated templates referring to the old EU family member residence card without checking whether the case now falls under the new family member of Spanish citizen regime. In 2026, this distinction is very important.

Another frequent issue is the date of the declaration. It is advisable to use a recent declaration, close to the date of submission. A declaration signed many months before the application may be less appropriate.

Finally, applicants should avoid contradictions with other documents. For example, the declaration should be consistent with the address, civil status documents, divorce records, partnership registration, census registration and any evidence of cohabitation.

Practical advice from Visal Immigration Lawyers

At Visal Immigration Lawyers, we recommend preparing the declaration as a separate document, signed by the Spanish citizen, with a clear title and a concise statement.

The declaration should not be hidden inside another document. It should be easy for the Immigration Office to identify. The file should be organised, with documents clearly named and, where appropriate, accompanied by a legal cover letter explaining the basis of the application.

We also recommend reviewing the civil status documents carefully. If the marriage took place abroad, check whether the certificate needs apostille, legalisation or sworn translation. If there was a previous divorce, check whether the divorce is properly documented. If the couple is relying on a registered partnership, make sure the certificate is valid and updated.

In stable partnership cases, extra caution is required. These applications often depend heavily on evidence of the relationship. The declaration of responsibility is important, but it will not be enough by itself to prove the relationship.

The goal is not to submit as many documents as possible. The goal is to submit the right documents, in the right format, with the right legal explanation.

If you want a lawyer to check whether your file is ready, you can schedule your consultation here. A professional review before submission can prevent delays, requests for documents and avoidable mistakes.

Is this declaration enough to obtain the residence permit?

No. The declaration is not enough on its own.

It is only one document within the residence application. The foreign national must still meet the applicable requirements, and the family relationship must be properly proven.

For example, if the application is based on marriage, the marriage must be documented. If the marriage certificate was issued abroad, it may need to be legalised or apostilled and translated. If the application is based on a registered partnership, the registration certificate must be provided. If it is based on a stable partnership, the relationship must be proven with appropriate evidence.

The declaration does not replace the marriage certificate, partnership certificate, passport, application form or any other required document. It simply addresses a specific requirement connected to the Spanish citizen’s personal situation.

This is why professional preparation is important. Many applicants think the process is just about collecting documents. In reality, the key is understanding what each document proves and why the Immigration Office needs it.

Frequently asked questions

Who signs the declaration of responsibility?

The declaration must be signed by the Spanish citizen who gives the foreign national the right to apply. It is not normally signed by the foreign applicant. The document confirms that no other spouse or partner resides with the Spanish citizen in Spain.

Is this declaration required in every family member of Spanish citizen application?

No. It is especially relevant in applications for a spouse or partner of a Spanish citizen. Other family categories, such as children, ascendants or parents of Spanish minors, may require different documents depending on the legal basis of the application.

Does the declaration need to be notarised?

In ordinary cases, notarisation is not usually required. A written declaration signed by the Spanish citizen is often sufficient. However, in complex cases or where there are doubts about the signature or family situation, a stronger formal document may be advisable.

What happens if I forgot to include the declaration?

The Immigration Office may request it later, which can delay the procedure. In some cases, it may be possible to submit the document voluntarily while the application is still pending. The best approach depends on the status of the file.

Can I use a template downloaded from the internet?

A template can be a useful starting point, but it should be adapted to the specific case. The declaration must correctly identify the Spanish citizen, the foreign family member, the relationship and the exact statement required. Complex family situations should be reviewed by a lawyer.

Need help with your family member of Spanish citizen residence application?

The residence permit for family members of Spanish nationals is an important legal route for many families who want to live together in Spain. However, the application must be prepared carefully. The correct family category must be identified, the documents must be consistent, and any required declarations must be signed by the right person.

The declaration of responsibility signed by the Spanish citizen is a short document, but it can be important in spouse and partner applications. It should be clear, truthful, updated and consistent with the rest of the file.

At Visal Immigration Lawyers, we are immigration lawyers based in Spain. We assist foreign nationals and Spanish citizens with residence applications, document review and legal strategy for immigration procedures in Spain.

If you need personalised legal advice, you can schedule your consultation here. Our team will review your case and explain the best way to prepare your application.

You can also visit our website: www.visalimmigration.com.

For WhatsApp contact only, you may write to us at 618 702 253. Please note that this number is for WhatsApp messages only, not phone calls.

If you are preparing an application as the spouse, registered partner, stable partner or other family member of a Spanish citizen, do not wait until the Immigration Office sends you a request for missing documents. A well-prepared file from the beginning can make a significant difference. You can schedule your consultation here and receive professional legal guidance from our immigration lawyers.