Information on how to obtain Spanish nationality through residence.
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In this post we cover the following: (click any section to see its content)
How to obtain Spanish nationality through residence.
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- WHAT IS SPANISH NATIONALITY THROUGH RESIDENCE? »
- REQUIREMENTS TO ACQUIRE SPANISH NATIONALITY THROUGH RESIDENCE »
- CCSE AND DELE EXAMS »
- DELE EXAM »
- CCSE EXAM »
- ARE THERE ANY EXCEPTIONS TO THE CCSE AND DELE EXAMS? »
- SPECIFIC DOCUMENTATION FOR EACH SCENARIO OF SPANISH NATIONALITY BY RESIDENCE APPLICATION »
- RESOLUTION AND NOTIFICATION OF THE SPANISH NATIONALITY BY RESIDENCE APPLICATION »
- OATH OF SPANISH NATIONALITY BY RESIDENCE »
- BIRTH REGISTRATION »
- DENIAL OF SPANISH NATIONALITY BY RESIDENCE »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
SPANISH NATIONALITY THROUGH RESIDENCE:
Spanish Nationality by Residence is one of the methods for acquiring Spanish citizenship as outlined in the Spanish Civil Code.
Through this procedure, a foreigner who has legally and continuously resided in Spain for a certain period can apply for and obtain Spanish nationality.
Nationality by residence is the most common way to acquire Spanish nationality, used by most foreigners residing in Spain, by demonstrating prior legal residency, good civic conduct, and integration.
REQUIREMENTS TO ACQUIRE SPANISH NATIONALITY THROUGH RESIDENCE:
Required Legal Residency Duration for Acquiring Spanish Nationality by Residence
To acquire Spanish nationality by residence, a foreign applicant must have legally resided in Spain continuously for at least 10 years before applying.
There are several scenarios where the 10-year residency period can be reduced:
- Five years of legal residence: for those granted refugee status.
- Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or those of Sephardic origin.
- One year:
- For those born in Spanish territory.
- For those who did not duly exercise their right to acquire Spanish nationality by option.
- For those who have been legally under the custody (under the supervision of a guardian), guardianship, or foster care (the type of foster care that allows the reduction of legal residence to one year is that which is determined by the public entity responsible for child protection in each territory and foster care that is judicially recognized) of a Spanish citizen or institution for two consecutive years, even if this situation continues at the time of application.
- For those who, at the time of application, have been married to a Spanish citizen for one year and are not legally or factually separated.
- For the widow or widower of a Spanish citizen, provided they were not separated, either factually or legally, at the time of the spouse’s death.
- For those born outside Spain to a father or mother (also born outside Spain), grandfather or grandmother, provided that all of them were originally Spanish.
The fundamental requirements for acquiring nationality are three:
- Continuous residence in Spain immediately prior to the application.
- Good Civic Conduct.
- Integration.
- No criminal record, both in your country of origin and in Spain.
- Your documentation must be up to date.
Procedure for Applying for Spanish Nationality by Residence
CCSE AND DELE EXAMS:
Everyone interested in starting the process of applying for Spanish nationality by residence must prove they have passed two exams: the DELE exam with a minimum level of A2, which is the diploma for Spanish as a foreign language, and the CCSE exam, which assesses knowledge of the Spanish constitution and sociocultural facts.
These two exams are conducted in person and are designed and administered by the Cervantes Institute.
DELE EXAM:
Passing the DELE exam awards an official diploma that certifies your level of competence in and mastery of the Spanish language, granted by the Cervantes Institute. This exam must be taken and passed by all applicants over the age of eighteen and persons without judicially modified capacity.
Exemptions apply for nationals of:
- Argentina
- Bolivia
- Chile
- Colombia
- Costa Rica
- Cuba
- Ecuador
- El Salvador
- Guatemala
- Equatorial Guinea
- Honduras
- Mexico
- Nicaragua
- Panama
- Paraguay
- Peru
- Puerto Rico
- Dominican Republic
- Uruguay
- Venezuela
To benefit from this exemption, if you have dual nationality, one of which is not the principal nationality you are using to apply for Spanish nationality by residence, you must also provide a valid passport from the country or a consular certificate recognizing the secondary nationality. This is the case, for example, of an Italian citizen who also holds Argentine nationality.
The DELE A2 exam consists of four tests:
- Reading comprehension and language use.
- Integrated skills: listening comprehension and written expression and interaction.
- Listening comprehension and language use.
- Integrated skills: reading comprehension and oral expression and interaction.
If you need to take the DELE exam, as mentioned, it must be at least A2 level, and it is a diploma that does not expire.
The DELE A2 exam in 2024 costs €134.
CCSE EXAM:
The CCSE exam (constitutional and sociocultural knowledge of Spain) must be taken and passed by all those interested in applying for Spanish nationality by residence. The CCSE exam is administered and managed by the Cervantes Institute.
There are sessions every month of the year except August and December. It consists of 25 questions, with true/false and multiple-choice questions (three closed response options).
This test evaluates knowledge of the Spanish Constitution and the social and cultural reality of Spain.
Unlike the DELE diploma, the CCSE certificate is valid for four years.
ARE THERE ANY EXCEPTIONS TO THE CCSE AND DELE EXAMS?:
The Cervantes Institute will provide special accommodations for the CCSE and DELE exams for people with disabilities, offering supports and reasonable adjustments to allow them to take the exams under conditions of effective equality.
People who cannot read or write or have learning difficulties may request an exemption from the CCSE and DELE exams. This exemption must be requested from the Ministry of Justice before applying for Spanish nationality by residence.
Similarly, those who have completed Compulsory Secondary Education in Spain and have obtained the corresponding academic title do not need to take either the CCSE or DELE.
Finally, minors under eighteen and persons with judicially modified capacity are exempt from taking these exams. These individuals must present certificates from the educational, residential, care, or special education centers where the applicant was enrolled.
For minors, these certificates issued by educational centers must state whether the minor regularly attends classes, the degree of knowledge of the Spanish language relative to their school age, the parents’ participation in the child’s school life, and whether there is any reason that justifies the non-integration of the minor or their legal representatives into Spanish society.
SPECIFIC DOCUMENTATION FOR EACH SCENARIO OF SPANISH NATIONALITY BY RESIDENCE APPLICATION:
Applying for Spanish nationality by residency has several pathways.
In the following we can explain the detailed documentation required for each case:
- Born in Spanish Territory
If you apply for Spanish nationality as someone born in Spain (note that in this case, only one year of legal and continuous residence before the application is required), you must provide:
– Birth certificate of the applicant issued by the Spanish Civil Registry. - Those Who Did Not Exercise the Right to Opt
In this case, you must present documentation proving inclusion in one of the scenarios in Article 20.1 of the Civil Code. You need to provide:
– Birth certificate of the Spanish parent.
– Birth certificate of the applicant registered in a Spanish Civil Registry, or a court decision indicating adoption by a Spanish citizen or recognition of parentage. - Persons Under Guardianship, Custody, or Foster Care by a Spanish Individual or Institution
For family foster care cases:
– Court order designating the person who will exercise guardianship, custody, or foster care.
For institutional foster care cases:
– Resolution from the institution assuming guardianship, custody, or foster care. - Married to a Spanish Citizen
In this case, in addition to the general documentation mentioned earlier, you must also provide:
– Literal birth certificate of the Spanish spouse issued by the Spanish Civil Registry.
– Literal marriage certificate issued by the Spanish Civil Registry.
– Certificate of cohabitation or joint registration with the spouse. - Widow/Widower of a Spanish Citizen
If you apply for Spanish nationality by residency as a widow or widower of a Spanish citizen, you must also provide:
– Literal birth certificate of the spouse issued by the Spanish Civil Registry.
– Updated marriage certificate issued by the Spanish Civil Registry, issued close to the application date.
– Spouse’s death certificate.
– Certificate of joint registration or cohabitation at the time of the spouse’s death. - Descendant of a Spanish Citizen
As a descendant of a Spanish citizen (i.e., if you are the child or grandchild of a Spanish citizen), you must provide:
– Literal birth certificate of the Spanish parent or
– Literal birth certificate of the Spanish grandparent. In this case, you must also provide the birth certificate of the parent who is the descendant of the Spanish citizen, regardless of their nationality. - Sephardic Jews
The status of Sephardic Jews originating from Spain will be accredited through the means outlined in the Instruction of September 29, 2005, by the Directorate General of Registers and Notaries regarding the application of Law 12/2005 of June 24, concerning the granting of Spanish nationality to Sephardic Jews originating from Spain. - Refugees and Stateless Persons
For refugees and stateless persons, documentation issued by the Ministry of the Interior that confirms this status can replace the birth certificate and criminal record certificate from the country of origin, or even the passport if the applicant does not have one. However, the following is always mandatory:
– Standardized application form. If submitted electronically, it will be replaced by the online form.
– Proof of fee payment.
– Blue Passport from the 1951 Geneva Convention.
– Certificate or resolution from the Asylum and Refugee Office of the Ministry of the Interior that includes: Name, date and place of birth, names of parents, and confirmation of refugee or stateless status.
All documentation submitted for the Spanish nationality by residency application must be valid at the time of application. For certificates, validity will be determined by the period stated on the document itself. For criminal record certificates without a specified validity period, these documents will be considered valid for six months.
How is this period calculated? The six-month period should be counted from the issuance date of the document, not from the date of legalization or apostille.
STATUS OF THE SPANISH NATIONALITY BY RESIDENCE APPLICATION:
Once you have submitted your application for Spanish nationality by residency and the Ministry of Justice has assigned your case number, you can track the status of your application. The possible statuses are:
- Open – In processing.
- Awaiting request for mandatory official reports.
- Awaiting receipt of mandatory official reports.
- In processing – Required (if the Ministry of Justice has requested additional documentation for your file).
- Under review or Qualification.
- Approved/Denied.
RESOLUTION AND NOTIFICATION OF THE SPANISH NATIONALITY BY RESIDENCE APPLICATION:
Once your application for Spanish nationality by residency has been processed and concluded, you will receive a resolution from the Ministry of Justice. This resolution must be justified and will declare either the approval or denial of Spanish nationality by residency.
The timeframe for resolving and notifying the decision is one year from the date the application was submitted to the Directorate General of Registers and Notaries. If no express resolution is received within this period, the application will be considered rejected by negative administrative silence.
If this one-year period has passed without a decision, you may pursue legal action to request an express resolution of your application, and file the corresponding Administrative Contentious Appeal before the National Court.
The resolution will be notified to the applicant or their representative at the location and in the manner indicated when the application for Spanish nationality by residency was submitted. The resolution will also specify the available appeals, along with the deadlines and authorities to which they should be submitted.
OATH OF SPANISH NATIONALITY BY RESIDENCE:
The effectiveness of the resolution granting Spanish nationality is contingent upon the applicant making the oath or promise of allegiance to the King, obedience to the Constitution and laws, and, where applicable, renouncing their previous nationality. This must be done within 180 days from the notification of the resolution, before the Civil Registry of their domicile. The applicant must:
- Swear or promise allegiance to the King, obedience to the Constitution and laws. For personnel in the Armed Forces, this declaration is not necessary if the oath or promise has already been made as indicated in the report submitted by the Command or Head of the army, according to Article 9 of the Regulations approved by Royal Decree 10004/2015, of November 6.
- Declare the renunciation of their previous nationality. This requirement does not apply to nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or Sephardic Jews.
- Ensure the acquisition is registered in the Spanish Civil Registry.
Therefore, it is crucial that once you receive the resolution granting Spanish nationality by residency, you go to your Civil Registry to schedule the appointment to make your oath or promise of allegiance. Note that each Civil Registry has its own system for scheduling appointments.
This has led to delays in some Civil Registries, such as those in Madrid or Barcelona, where there is already a considerable backlog for processing this task.
Keep in mind that the oath or promise of allegiance cannot currently be processed through the Spanish Consulate in your country of origin or where you have legal residence, nor can it be done through a notary.
BIRTH REGISTRATION:
The process of applying for Spanish nationality by residency, as well as the oath-taking, concludes with the registration of the acquisition of Spanish nationality in the Civil Registry of the applicant’s domicile in Spain.
Once the oath or promise is made, and the acquisition of Spanish nationality is registered, the Civil Registry will issue the Spanish birth certificate.
OBTAINING A SPANISH ID AND PASSPORT:
Once you have the birth certificate issued by the Civil Registry, as a Spanish citizen, you can apply for your National Identity Document (DNI) and Spanish passport at any police station in Spain.
When you have scheduled the appointment at the police station where you want to apply for the DNI and passport and attend the appointment, you must bring the following documentation:
- Literal birth certificate issued by the corresponding Civil Registry, or, where applicable, Certificate of registration of Spanish nationality. For these purposes, only certificates issued within six months prior to the date of application for the DNI and with the explicit mention that they are issued solely for obtaining this document will be accepted.
- A recent color photograph of the applicant’s face, size 32 by 26 millimeters, with a uniform, white, and plain background, taken from the front with the head completely uncovered and without dark glasses or any other item that could obstruct or make identification difficult. (The photograph must clearly show the oval of the face, including eyebrows, eyes, nose, mouth, and chin, and must be of high resolution and printed on good quality photographic paper).
- Certificate or proof of registration from the City Council where the applicant resides, issued no more than three months before the date of application for the DNI.
- When the DNI holder is under 14 years old or a person with legally supplemented capacity, the process must be carried out in the presence of the person with parental authority or guardianship, or someone empowered by them.
- If this is the first registration as a nationalized citizen and the applicant holds a Foreigner Identification Card (TIE) or a Certificate of Registration of Union Citizen, which includes a Foreign Identification Number (NIE), they must present it as a mandatory requirement when processing the DNI.
At the same time, you can request a Certificate of Concordance. This document allows you to update your information with various agencies that have your previous NIE number.
In other words, with this Certificate of Concordance, you can notify the Immigration Office, Central Registry of Foreigners, Tax Agency, or the Social Security Treasury that, as a legal foreign resident in Spain, you had a Foreign Identification Number, and now, as a Spanish citizen, you have a National Identity Document.
With this certificate, you can also update these details with all the organizations you have interacted with during your years of legal residence in Spain.
DENIAL OF SPANISH NATIONALITY BY RESIDENCE:
It is possible that after applying for Spanish nationality by residency, you receive a resolution denying your application. The reasons for denial can be many and varied, but typically include:
- The applicant has a criminal or police record.
- The documentation submitted is outdated.
- The applicant has not resided legally and continuously in Spain.
- The application was submitted prematurely,
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (residence in Spain by investment)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCE OR CITIZENSHIP IN SPAIN?
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Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
