How to Obtain Spanish Nationality: Requirements and Legal Process
Spanish citizenship is a right that you can obtain and that allows you to live indefinitely in Spain and the European Union; while giving you certain benefits, such as the right to vote or free movement and work within the entire EU.
The most common way to obtain Spanish nationality is by right of birth: As long as one of your parents is Spanish, you become Spanish directly at birth, although the Civil Code accepts other procedures that may allow you, as a foreigner, to obtain a Spanish passport as This is the case of those foreigners who have lived in Spain for 10 years (nationality by residence).
Nationality by residence
The acquisition of Nationality by Residence is regulated mainly in article 22 of the Spanish Civil Code.
This is the best known option of all and you must reside between 1 and 10 years in Spain to obtain nationality. The exact amount of time will depend on your particular situation, your family ties and your country of origin, but 10 years is the general rule, although there are several cases in which the 10-year period of residence can be reduced:
• Five years of legal residence: for the granting of Spanish nationality to those people who have obtained refugee status
• Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin.
• One year:
• Anyone who was born in Spanish territory.
• Those who did not properly exercise their right to acquire Spanish nationality by option.
• Anyone who has been legally subject to guardianship (under the supervision of a guardian), custody or foster care (the foster care that allows the reduction of legal residence to one year is that in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and foster care that is judicially recognized) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the request.
• Who, at the time of the application, has been married to a Spanish man or woman for one year and is not legally or de facto separated.
• The Spanish widow or widower, if at the time of the spouse's death they were not separated, de facto or judicially.
• Anyone born outside Spain to a father or mother (also born outside Spain), grandfather or grandmother, provided that all of them had originally been Spanish.
The fundamental requirements to be able to acquire nationality are:
1. Continuous residence in Spain immediately prior to the application.
2. Good Civic Conduct.
3. Integration.
4. Lack of criminal records, both in your country of origin and in Spain.
5. Your documentation must be valid.
6. Passing two exams, the DELE exam at minimum level A2, which is the diploma of Spanish as a foreign language, and the CCSE exam, on constitutional and sociocultural knowledge of Spain. These two tests are in-person, and are designed and administered by the Cervantes Institute.
Passing the DELE exam grants an official degree that accredits the degree of competence and mastery of the Spanish language and is awarded by the Cervantes Institute. This exam must be taken and passed by all applicants over the age of eighteen and people who do not have judicially modified capacity. Nationals of: Argentina, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Equatorial Guinea, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, will be exempt from passing this test. Dominican Republic, Uruguay and Venezuela.
In order to benefit from this exemption, if one of these nationalities is not the main one with which the application for Spanish nationality by residence is being made, the country's valid passport or consular certificate of recognition of the nationality must also be provided. nationality other than the main one. This is the case, for example, of a French citizen who also has Panamanian nationality.
The DELE level A2 exam consists of four tests:
1. Reading comprehension and use of language.
2. Integrated skills: listening comprehension and written expression and interaction.
3. Listening comprehension and use of language.
4. Integrated skills: reading comprehension and oral expression and interaction.
Exceptionally, DELE exemption can be requested in particular cases:
• Total dispensation:
o Graduates in official studies, completed in Spain and in Spanish, at an intermediate or higher level
o Graduates in Compulsory Secondary Education (ESO) from Spain
o People with learning disorders or difficulties greater than 65%
• Partial dispensation
o People who do not know how to read or write
The exam of constitutional and sociocultural knowledge of Spain, the CCSE, must be taken and passed by all those interested in applying for Spanish nationality by residence. The CCSE exam is a test that is administered and managed by the Cervantes Institute.
There are calls every month of the year, except in August and December. It is an exam with 25 questions, true or false and multiple choice questions (three closed answer options). Through this test, knowledge of the Constitution and Spanish social and cultural reality are evaluated.
Finally, indicate that those people who have completed compulsory education in Spain (School Graduate or ESO) are exempt from the DELE and CCSE exams.
We remain at your disposal to analyze those measures that may be of interest to individuals, self-employed workers or companies through the email legalidad@legalidad.eu or through the telephone number +34910601422 and we will assist you without obligation.
Legal warning: The content of this document cannot be considered in any case a recommendation or legal advice on any matter.