Blog | High Net Worth Immigration

Common-Law & CBI: 2026 Rules for Unmarried Partners Revealed!

Written by Vicky Katsarova | May 8, 2023

Yes, It's possible! Unmarried couples and de facto partners can qualify for citizenship or residency by investment in several countries, but the path depends heavily on which program you choose. Some Caribbean CBI programs strictly require a marriage certificate, while others accept common-law relationships with proper documentation. Residency-by-investment (RBI) programs in Europe, on the other hand, are generally far more accommodating of de facto partnerships.

This guide breaks down every realistic option available to common-law partners in 2026, what documentation you'll need, and how to choose the right path for your situation.

What this guide covers

  • Direct CBI programs accepting common-law partners: Grenada, Antigua, Vanuatu
  • European RBI pathways with legal recognition: Portugal, Spain, Greece
  • Side-by-side CBI vs RBI comparison: timeline, cost, legal certainty
  • Complete documentation checklist: cohabitation proof, financial interdependence, affidavits
  • 2026 compliance warnings: policy changes, agent selection, transparency requirements

What Is a Common-Law Partner in the Context of CBI?

In citizenship and residency by investment programs, a common-law partner (also called a de facto partner or unmarried partner) typically refers to a person who:

  • 01. Has lived with the main applicant in a shared household for a continuous period (usually 1–3 years)
  • 02. Is in a genuine, committed, and exclusive relationship with the applicant
  • 03. Is not legally married to the applicant but can demonstrate the relationship through documented evidence

Structural Challenge: Immigration law varies by country. Some nations have no legal framework for recognizing common-law unions, making it structurally impossible to include an unmarried partner under a "spouse" category. Others have modernized their programs to explicitly accommodate de facto partners.

 
 
 

Direct CBI Programs That Accept Common-Law Partners (2026)

Most Caribbean CBI programs are built around the legal definition of a spouse, which requires a formal marriage certificate. However, a few programs have provisions that can work in your favor.

01 🇬🇩

Grenada : The Most Flexible Caribbean Option

US E-2 treaty access + recognized common-law pathway

🌟 Top Pick

Grenada's Citizenship by Investment Program is widely regarded as one of the most flexible Caribbean programs for non-traditional family structures. Under Grenada's program rules:

  • • A common-law partner may be included as a dependent if the relationship can be substantiated through documentation
  • • The general threshold is two or more years of continuous cohabitation
  • • A sworn affidavit from the couple, corroborated by third-party affidavits (friends, family, employers), is typically required
  • • Supporting financial documents, such as joint bank statements and shared utility bills, are essential

⚠ Important: Grenada does not guarantee acceptance of a common-law partner application. Each case is reviewed on its individual merits by the Citizenship by Investment Unit (CIU). Engaging an authorized agent or licensed immigration attorney dramatically improves approval odds.

Strategic Advantage
US E-2 Visa Access: Grenada is the only Caribbean CBI nation with a treaty allowing holders to apply for the US E-2 Investor Visa.
Business Mobility: Ideal for couples planning to establish commercial ties in the United States while retaining global visa-free access.
Processing: 4–6 months
 
 
 
02 🇦🇬

Antigua and Barbuda : Possible, But More Restrictive

Officially recognized, but requires extensive proof

📋 Strict Docs

Antigua and Barbuda's CBI program does have a category for "common-law partners" in its official documentation, but in practice:

  • • The program strongly prefers legally married spouses
  • • Common-law partner applications require evidence of at least three years of cohabitation
  • • The documentation burden is higher than in Grenada
  • • Processing agents report inconsistent outcomes for this category

The country's investment thresholds are competitive, starting at $230,000 USD for the National Development Fund (NDF) contribution route.

Cost Snapshot
NDF Contribution (Base)$230,000
Due Diligence$7,500
Gov Processing$3,000–$5,000
Legal/Advisory$12K–$18K
Estimated Total: ~$255K–$265K
 
 
 
03 🇻🇺

Vanuatu : Fast Processing, But Verify Current Policy

30–60 day processing, flexible but policy-fluid

⚡ Fast Track

Vanuatu's Development Support Program (DSP) is one of the fastest CBI programs globally, with some approvals processing in as little as 30–60 days. Vanuatu does not have a common-law partner category enshrined in its program rules, but the country's legal framework is relatively flexible. Applicants have successfully included de facto partners by:

  • • Registering their relationship under a jurisdiction that formally recognizes common-law unions before applying
  • • Presenting Vanuatu authorities with the foreign legal recognition as supporting documentation

⚠ Policy Alert: Because Vanuatu's program rules evolve frequently, always verify current policy directly with the Vanuatu Financial Services Commission (VFSC) or a licensed agent before proceeding.

Countries That Do NOT Recognize Common-Law Partners for Direct CBI

The following programs either explicitly require a marriage certificate or have no documented pathway for de facto partners as of 2026:

Country CBI Program Common-Law Partner Accepted?
St. Kitts and Nevis Sustainable Island State Contribution (SISC) No — legal marriage required
Dominica Citizenship by Investment No — marriage certificate mandatory
St. Lucia National Economic Fund (NEF) No — spouse must be legally married
Turkey Citizenship by Investment No — formal marriage only
Jordan Citizenship by Investment No

If your target destination is St. Kitts, Dominica, or St. Lucia specifically, the only viable option for an unmarried couple is to legally marry before submitting the application.

 
 
 
RBI Bridge Strategy

The Best Alternative for Common-Law Partners in 2026

If direct CBI isn't available to you as an unmarried couple, Residency by Investment (RBI) in Europe is the most reliable and legally secure alternative. Most European Golden Visa programs explicitly recognize de facto partnerships.

How the major European RBI programs handle common-law partners ↓

🇵🇹

Portugal

The gold standard for unmarried couples

EU Citizenship in 5 yrs

Program overview

Portugal's Golden Visa is one of the most common-law-friendly programs in the world.

  • - União de facto recognized after 2 years of cohabitation
  • - Partner qualifies as a family member once threshold is met
  • - Golden Visa holder eligible for citizenship after 5 years
  • - Full EU freedom of movement upon naturalization

Documentation required


  • - Declaration of união de facto (Portuguese Civil Registry)

  • - Evidence of shared residence (joint lease, utility bills)

  • - Joint bank account statements (2+ years preferred)

  • - Proof of cohabitation, including foreign registry records
✦ The clearest pathway from common-law partner status all the way to a second passport and EU citizenship.
🇪🇸

Spain

Legal recognition via Parejas de Hecho

Citizenship from 2–10 yrs

Program overview

Spain offers Non-Lucrative Visa and Golden Visa. Parejas de Hecho puts unmarried partners on equal footing with spouses.

  • - Register at Spanish consulate or regional civil registry
  • - Partner qualifies as family reunification dependent
  • - Citizenship available after 10 years (2 years for some nationals)

Key consideration

More bureaucratic than Portugal, but the legal pathway is well-established across regions.

Register at a consulate before relocating to simplify the process.

🇬🇷

Greece

Golden Visa with flexible family definitions

From €250,000

Program overview

Greece recognizes de facto partners under European human rights interpretations for "family life." Common-law partners with genuine stable relationships are regularly accepted.

Why Greece stands out


  • - One of the lowest-cost Golden Visa programs in Europe

  • - 5-year renewable permit. No physical presence required

  • - EU citizenship eligibility after 7 years of legal residency

 

CBI vs. RBI for Common-Law Partners: A Quick Comparison

Factor CBI Programs (Caribbean/Vanuatu) RBI Programs (Europe)
Common-law partner recognition Limited — Grenada and Antigua only Broadly recognized (Portugal, Spain, Greece)
Time to second passport Immediate (3–6 months) 5–10 years via naturalization
Investment threshold $100,000–$250,000+ €250,000–€500,000+
Physical residence required No Minimal (Portugal: 7 days/year)
Visa-free travel (passport) Caribbean nations + specific treaties Full EU access + Schengen
Documentation burden for partners High (case-by-case) Moderate (legal framework exists)
Legal certainty for unmarried couples Low to moderate High
 
 
 

Can I Include My Girlfriend or Boyfriend in My CBI Application?

The short answer is: it depends on the country and how well you can document your relationship.

If you are applying through Grenada or Antigua, yes — it is possible to include a long-term unmarried partner as a dependent, but you will need substantial documentation (see below). If you are applying through St. Kitts, Dominica, or St. Lucia, you cannot include an unmarried partner under any circumstances without a formal marriage certificate.

For European RBI programs, unmarried partners are widely accommodated. Portugal, in particular, has a clearly defined legal mechanism for recognizing common-law unions, making it the most secure option for couples who are not married.

 
 
 

What Documents Are Needed for a Common-Law Partner Citizenship Application?

Regardless of which program you pursue, the following documentation checklist is essential for establishing a legitimate common-law relationship for CBI or RBI purposes:

Proof of Cohabitation

  • • Joint residential lease agreements or shared mortgage/property ownership documents
  • • Utility bills (electricity, gas, internet) showing both names at the same address
  • • Official correspondence addressed to both parties at the same address
  • • Joint insurance policies (health, home, vehicle)

Proof of Financial Interdependence

  • • Joint bank account statements (minimum 2 years; 3 years preferred)
  • • Shared investment or retirement accounts
  • • Evidence of shared financial responsibilities (shared loan agreements, joint tax filings where legally applicable)

Sworn Affidavits

  • • Notarized affidavit signed by both partners attesting to the relationship
  • • Third-party affidavits from family members, close friends, or colleagues who can verify the duration and nature of the relationship

Additional Supporting Evidence

  • • Photographs documenting the relationship over time (with dates and captions)
  • • Travel records showing joint travel history
  • • Evidence of shared children or co-parenting arrangements (if applicable)
  • • Correspondence between partners showing the duration of the relationship

Is a Marriage Certificate Mandatory for Citizenship by Investment?

For the majority of Caribbean CBI programs — specifically St. Kitts and Nevis, Dominica, and St. Lucia — yes, a marriage certificate is effectively mandatory if you want to include a partner in your application at spousal rates and legal status.

For Grenada and Antigua, it is not strictly mandatory, but the review is case-by-case, and the outcome cannot be guaranteed without one.

For European RBI programs, a marriage certificate is not required provided you can demonstrate a registered or documented common-law union under the relevant legal framework.

 
 
 

What You Should Know Before Applying in 2026 as a Common-Law Couple

  1. Immigration law changes faster than most applicants expect. Ireland permanently closed its Immigrant Investor Programme in 2023. Portugal restructured its Golden Visa to exclude most real estate options. St. Kitts raised its investment threshold significantly. Programs that are open today may not be open tomorrow, and programs that do not currently recognize common-law partners may update their rules. Always verify current requirements directly with the relevant Citizenship by Investment Unit or licensed agent before committing capital.
  2. An authorized agent is must. CBI and RBI applications are complex legal proceedings. For common-law partner applications specifically, the documentation strategy and how it is presented to the reviewing authority can be the difference between approval and rejection. Work with an agent or immigration attorney who has a documented track record with non-traditional family applications.
  3. Consider legalizing your relationship first. In many jurisdictions, it is legally possible to register a common-law union or domestic partnership at a civil registry, even without a full marriage. This registration, when recognized by the target country's legal system, dramatically simplifies the CBI/RBI application. Consult a local attorney in both your home country and target country to explore this option.
  4. Budget for a longer timeline if going the RBI route. An RBI program will not give you a passport on day one. The citizenship timeline in Europe ranges from 5 years (Portugal) to 10 years (Spain). However, the legal security, EU market access, and quality of the final outcome — a full EU passport — often make this the more valuable long-term investment.
  5. Be transparent and thorough. CBI and RBI authorities are experienced at identifying weak or fraudulent applications. Do not understate the duration of your relationship or overstate the nature of your documentation. A complete, honest, and well-organized application reviewed by an experienced agent is far more effective than an inflated one.

Whatever program you choose, start the documentation process early, engage a licensed immigration advisor, and verify current program rules before committing any investment capital. The rules governing these programs change frequently, and staying informed is the single most important step any investor can take.

Every Relationship is Different..

Every Jurisdiction is Different..

 

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