Spanish nationality

Obtaining Spanish nationality is a significant milestone for individuals looking to fully integrate into life in Spain. Whether you’re seeking to secure your residency rights, gain access to the benefits of Spanish citizenship, or explore new professional and personal opportunities, our guide provides you with all the essential details. 

At Sterna lawyers, we are here to simplify the process and guide you every step of the way. 

What is Spanish Nationality?

Spanish nationality establishes a legal connection between an individual and the Kingdom of Spain.

This connection grants you rights, such as the ability to work freely within the European Union, vote in Spanish elections, and access healthcare and education systems.

However, it also comes with responsibilities, such as complying with Spanish laws and, in some cases, serving civic duties. 

While some people acquire Spanish nationality by birth, many others pursue it through different legal pathways. This guide will help you determine which route suits your circumstances.

Who Can Apply for Spanish Nationality? 

Anyone can apply for Spanish nationality, but the eligibility requirements vary depending on your background and legal situation. The most common pathways include: 

  1. Spanish Nationality by Residence 
  2. Spanish Nationality by Option 
  3. Spanish Nationality for Sephardic Jews 
  4. Spanish Nationality by Simple Presumption 
  5. Spanish Nationality for Refugees 

Pathways to Spanish Citizenship 

This is the most common route for foreigners residing in Spain. Generally, you must live in Spain legally and continuously for 10 years to apply. However, exceptions apply: 

  • 5 years for refugees. 
  • 2 years for nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or individuals of Sephardic origin. 
  • 1 year in specific cases, such as: 
  • Being married to a Spanish citizen for at least one year. 
  • Being the child or grandchild of a Spanish national. 
  • Being born in Spain to foreign parents. 

Important: Absences from Spain are monitored. For a 10-year residency requirement, you must not be absent for more than 6 consecutive months. For shorter terms, this limit is reduced to 3 consecutive months. 

This pathway is for: 

  • Individuals born abroad to Spanish parents or grandparents. 
  • Foreign minors under the legal custody of a Spanish national. 

Applications must be submitted within two years after turning 18, with certain extensions for special circumstances. 

 

Spain offers a pathway to citizenship for individuals of Sephardic origin who can prove their heritage and a connection to Spain. While this process has specific historical and cultural requirements, it provides an expedited route for eligible applicants.

This applies to children born in Spain to parents who are stateless or from countries where nationality is not automatically granted at birth. 

Refugees residing in Spain are eligible to apply after only 5 years of continuous legal residency. 

Recent Developments in Spanish Citizenship Laws

The Spanish government has introduced reforms to streamline the nationality application process: 

  1. Irregularity Supervening: Loss of residency during the application process no longer leads to automatic denial. 
  2. Exemption from Language Exams: Applicants who have completed secondary education in Spain are now exempt from the DELE Spanish language exam. 
  3. Efforts to Clear Backlogs: New initiatives aim to process pending applications faster, including increased staffing at the Ministry of Justice. 

For the latest updates, visit the official Ministry of Justice website. 

How We Can Help to obtain your Spanoish Nacionality

At Sterna lawyers, we specialize in guiding clients through the Spanish nationality application process. Our experienced team can assist with: 

  • Determining the best pathway for your circumstances. 
  • Ensuring all documentation is complete and accurate. 
  • Providing personalized legal advice. 

 

Contact Us: If you’re ready to start your journey toward Spanish nationality, call us or email us today. We’ll ensure a smooth and successful application process. 

We attended a conference on Spanish Nationality organized by the Spanish Bar Association. This conference took place in Madrid on January 28, 2019 and important news about Spanish Nationality were decided.

These important changes in the processes and requirements were made known by the Deputy Assistant Director of Nationality and Civil Status.

In great part, several of the novelties and changes are due to the incorporation of Mr. Pedro Garrido Chamorro, who is the new General Director of the Registries and Notaries.

Here are the most important changes you should know:

The most significant changes in criteria that have taken place since the new director took office:

1. If a person applying for Spanish Nationality has obtained his or her residence card in Spain with a nationality for which 10 years of residence is required-but this person also has another nationality for which only 2 years of legal residence is required, this applicant will be able to avail himself or herself of this reduced term.

Example: Those persons, such as Italians, would normally have to wait 10 years to apply for nationality, but with this new feature, if that person has another nationality (such as from an Ibero-American country), this applicant can take advantage of the reduced 2-year period.

This is a great novelty that will benefit many citizens.

2. Computation of absences: Absences were being added up, but the novelty says that now it will be considered in a single and uninterrupted term. For example: Before, 3 months were added in 2015 and another 4 months in 2016 and the applicant was not granted because he/she spent more than 6 months outside Spain. Now this criterion changes and those months are considered separately. In the same example, the longest absence would be considered to be 4 months and the two periods would not be added together. A person would exceed the period if he/she is absent for 6 continuous months.

  • If your term of residence is 10 years: 6 months of absence.
  • If your period of residence is 2 years: 3 months of absence.

Mrs. María del Mar López insisted that “But united, in a single moment, the absences that you could have, for example, of 2 and 3 months one in one year and another one the following year, are not added up.”

During the day, the deputy director also explained that there are plans to carry out an intensive processing to be able to resolve the existing backlog of files.

So far, not all plans have been finalized. There have been 2 plans in particular that have been carried out with the staff of the Ministry itself.

  1. A total of 10 people from the nationality team participated in one of these plans with the “teleworking modality”. Thanks to this plan, more than 3900 files have been reviewed.
  2. Another plan of the Ministry was directed to all the civil servants who also showed interest in working outside their schedule, and almost 2000 files have been reviewed.

Deputy Director María del Mar Lopez also stated that other possibilities are being studied, such as hiring a group of 60-80 people to eliminate all the pending work.

Other new developments that were discussed:

3. Supervening Irregularity: This refers to the fact that the foreigner may lose the residency while his file is being processed. Now, if a foreigner complies with all the requirements when applying for nationality (but at some point loses his residency) the nationality may still be granted. Previously the loss of residency was cause for denial.

4. Exemption to the accomplishment of the Spanish exam (DELE): Those who have finished their studies of the E.S.O or Bachiller will be exempt of requesting dispensation of the Spanish exam. It will be enough to present with the application for nationality the School Graduate.

5. Shock plan: The Ministry of Justice is working on a shock plan for the hiring of some 60-80 people to eliminate the backlog. This plan has yet to be approved.

6. Files that were requested before 2015 (old process): The Ministry of Justice is still working on 2015 files (2nd semester to be exact). Most of the previous dossiers remain unresolved.

7. Appeals for Reposition: The Ministry of Justice has started working on a Shock Plan to be able to resolve the position appeals as soon as possible.

8. Contentious-Administrative Lawsuit before the National Court: The contentious-administrative lawsuit is a recourse to which many people are resorting. The Ministry of Justice explains that it has had several meetings with the National Court to try to resolve the files before more lawsuits prosper, and they are working as quickly as possible with the means at their disposal.

Frequently Asked Questions how to obtain your Spanish Nacionality

The process typically takes between 1-3 years from application, depending on your circumstances and the processing speed of the Ministry of Justice.

Spain allows dual nationality with many countries, including Ibero-American nations, the Philippines, and Andorra.

You can appeal through administrative and judicial channels. Our team can guide you through the appeal process.