Spanish nationality by residence

Obtaining Spanish nationality by residence offers a clear pathway to legally becoming a Spanish citizen, beyond the traditional routes of birth or descent. This method, regulated under Spain’s Civil Code, provides foreign nationals with the opportunity to enjoy the rights and privileges of Spanish citizenship by meeting specific residency requirements.

What Is Spanish Nationality by Residence?

Nationality defines a legal relationship between an individual and a state, granting rights such as the ability to vote, work, and live freely, while also imposing obligations like taxation and civic duties. Unlike nationality obtained by birthplace (ius soli) or ancestry (ius sanguinis), Spanish nationality by residence is acquired after fulfilling a legally defined residency period in Spain.

General Residency Requirements for Spanish Citizenship

According to Article 22.1 of the Civil Code, the general rule requires 10 years of legal, continuous, and immediate prior residency in Spain before submitting a citizenship application. However, the required residency period can be significantly reduced in specific cases:

  • 5 years: For individuals granted refugee status.
  • 2 years: For nationals from Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or Sephardic Jewish descendants.
  • 1 year:
    • Individuals born in Spanish territory.
    • Those who missed their right to acquire nationality by option.
    • Individuals who have been under the guardianship, foster care, or custody of a Spanish institution for at least two consecutive years.
    • Applicants married to a Spanish citizen for at least one year (provided there is no legal or de facto separation).
    • Widows or widowers of Spanish citizens (provided they were not separated at the time of the spouse’s death).
    • Descendants of Spanish nationals (grandchildren of Spanish-born grandparents).

 

Additional Requirements for Spanish Nationality by Residence

In addition to the residency period, applicants must demonstrate:

  1. Good Civic Conduct: Absence of a criminal record and compliance with Spanish laws.
  2. Integration into Spanish Society: Assessed through two mandatory exams:
    1. CCSE (Constitutional and Sociocultural Knowledge Test): A 25-question exam covering Spanish laws, culture, and society. Passing requires answering at least 15 questions correctly. Fee: €85.
    2. DELE A2 (Spanish Language Proficiency Test): For non-native Spanish speakers. Nationals from Spanish-speaking countries may be exempt.
  3. Documentation: The documents required vary based on the applicant’s individual circumstances but typically include proof of residency, identification, and marital or familial connections.
  4. Processing Fee: €101.

 

Why Choose Spanish Nationality by Residence?

Spanish nationality offers a host of benefits, including the ability to live and work freely within the European Union, access to healthcare and education, and eligibility for a Spanish passport. Additionally, for U.S. citizens, Spain allows dual nationality with certain countries, enabling individuals to maintain both U.S. and Spanish citizenship.

 

How to Start Your Journey Toward Spanish Citizenship

Navigating the process of acquiring Spanish nationality can be complex, with legal nuances and specific documentation requirements varying by case. At Sterna Abogados, our experienced legal team specializes in immigration law and can guide you through each step of your citizenship application, ensuring a smooth and stress-free process.

Contact Us Today

Take the first step toward Spanish citizenship by scheduling a consultation with our experts. We’re here to answer your questions, review your specific case, and provide tailored legal assistance.

Email: info@sternaabogados.com