Exemption from the Spanish Nationality Exams

If you are in the process of obtaining Spanish nationality through residency, you may have heard about the requirement to pass two essential exams: the CCSE (Constitutional and Sociocultural Knowledge of Spain) and the DELE (Diploma of Spanish as a Foreign Language). However, in certain cases, you may be exempt from taking these exams. In this article, we explain the details of the exemption from the Spanish nationality exams and the requirements for requesting it.

What are the CCSE and DELE exams?

To obtain Spanish nationality, foreigners must demonstrate sufficient knowledge of the Spanish language and culture. The CCSE and DELE exams are the tests designed to assess these knowledge areas:

• CCSE: This is a test on the Spanish constitution, culture, society, and the rights and duties of citizens.
• DELE: This evaluates proficiency in Spanish, although this test is only required for those whose native language is not Spanish.

Until the process was modified, applicants for Spanish nationality were subjected to personal interviews at the Civil Registry offices, which varied depending on the official. With the introduction of these standardized exams, the goal was to unify the procedure and ensure that all applicants have a homogeneous level of integration.

Who is exempt from takinleg these exams?

There are several situations in which applicants may be exempt from taking the CCSE and DELE exams. Below, I detail the cases in which it is possible to request this exemption:

1. Illiteracy or learning difficulties: Those who cannot read or write, or who have difficulty learning, can request an exemption from these exams. This process is carried out with the Ministry of Justice, who will resolve the request after evaluating the submitted evidence.
2. School in Spain: Individuals who have completed and passed compulsory secondary education in Spain (Graduado Escolar, Vocational Training, Bachillerato, or even university studies) will not need to present an exemption, as their level of integration will be considered sufficient. In this case, only the relevant academic titles should be submitted with the application.
3. Disability: The Cervantes Institute offers adaptations for people with disabilities who may need reasonable adjustments in the exams, allowing them to take the exams on equal terms.
4. Minors and people with judicially modified capacity: Minors or individuals with judicially modified capacity are exempt from taking these exams.

How to apply for an exemption from the exams?

The process for requesting an exemption from the exams must be completed before submitting the Spanish nationality application. It is important to follow these steps:

1. Prior application: The exemption must be requested separately before initiating the nationality process. If the exemption request is not resolved beforehand, you will not be able to begin the nationality application.
2. Required documentation: To apply for the exemption, you must submit evidence supporting your situation. This may include a medical report in the case of illiteracy, or an academic certificate if you have studied in Spain.
3. Resolution deadline: The decision regarding the exemption request must be made within a maximum of 6 months. If it is not resolved within this time frame, the request will be considered rejected.
4. Request to the Ministry of Justice: The request can be submitted through the Ministry of Justice’s electronic registry, at any public registry, or by postal mail. A receipt will be generated, and you must wait for the response from the competent authority.

Procedure for Requesting Exemption

The procedure to request an exemption from the CCSE and DELE exams must be initiated before submitting the nationality application. It is not possible to apply for nationality by residence if the exemption request has not been resolved beforehand, unless the applicant has completed compulsory secondary education in Spain.

Here are the steps for applying for the exemption:

1. Submission of the application: The exemption request must be made to the Ministry of Justice, along with supporting documentation. This may include medical reports, school certificates, and other relevant documents.
2. Resolution of the request: The Ministry of Justice has a maximum period of 6 months to resolve the exemption request. If it is not resolved within this period, the request is automatically considered rejected. If the exemption is granted, the applicant can proceed with the nationality application.
3. Adaptation of the exams: In certain cases, if a partial exemption is granted, the exams may be adapted to make them more accessible, such as conducting the DELE or CCSE exams orally or with additional assistance.

Warning Regarding the Exemption Procedure

The General Subdirectorate for Nationality and Civil Status has issued an important notice related to exemption requests. If the nationality application is submitted before the exemption request is resolved, it will be automatically archived. This measure is essential to ensure that all procedures are carried out correctly and in the order established by the regulations.

What happens if I do not request the exemption before submitting the nationality application?

If you submit the nationality application and have not resolved the exemption request, the nationality process will be archived. The Ministry of Justice will not proceed with the nationality application until the exemption is either approved or rejected.

What happens if the exemption is partial?

In some cases, the Ministry of Justice may grant a partial exemption. This means that the exams may be adapted, for example, by conducting them orally or with other adjustments.

What happens if I don’t request the exemption before applying for nationality?

It is very important that you request the exemption before submitting the nationality application. If you don’t, your nationality application will be archived and will not be processed until the exemption is resolved. This is one of the warnings issued by the General Subdirectorate for Nationality and Civil Status, which emphasizes that the nationality process will be halted if the exemption request is not resolved beforehand.

Successful Cases of Exemption for Spanish Nationality

Over the years, we have assisted many applicants in their process of exemption from the nationality exams. Many of them have successfully obtained a total or partial exemption, allowing them to move forward with their Spanish nationality application without having to take the exams.

Why Choose Lexmovea to Manage Your Exemption from Spanish Nationality Exams?

At Lexmovea, we have a specialized team in handling the exemption from Spanish nationality exams. Our knowledge and experience allow us to manage your application efficiently, ensuring that you meet all the requirements and avoid any setbacks in the process.

If you need help applying for an exemption from the exams or submitting your nationality application by residence, don’t hesitate to contact us. Our team of lawyers is ready to advise and help you obtain your Spanish nationality as quickly and effectively as possible.

Legal Framework for the Exemption from Spanish Nationality Exams

Under the regulations governing the acquisition of Spanish nationality, the Orden JUS/1625/2016 (Order of September 30, 2016) plays a fundamental role in managing the procedure. Article 10 of this order clearly outlines how applicants who cannot meet the established requirements, such as the CCSE and DELE exams, should proceed in order to obtain Spanish nationality.

With the reform, the obligation to pass these exams was introduced, covering both knowledge of the Spanish language and the sociocultural and constitutional aspects of Spain. However, there are circumstances that allow for an exemption from these exams, making it easier for individuals in specific situations to access nationality. Below, I will explain what this exemption entails, how to request it, and what its implications are.

Frequently Asked Questions About the Exemption from Spanish Nationality Exams

1. How long does the Ministry of Justice take to resolve the exemption request? The Ministry of Justice has a period of 6 months to resolve the exemption request. If the request is not resolved within this time, it is considered rejected.
2. What happens if I don’t request the exemption before applying for nationality? If you submit the nationality application before the exemption request is resolved, your nationality application will be archived. It is necessary to obtain the exemption before applying for nationality, except for those who have completed compulsory secondary education in Spain.
3. What documents are needed to request the exemption from the exams?
   • The usual documentation includes:
   • Official exemption request form.
   • Certificates that substantiate the reason for the request (e.g., medical report in case of illiteracy, school certificates, etc.).
   • A copy of the passport or identification document.
4. What happens if the exemption is partial? If the exemption is granted partially, the applicant may take the exams with adaptations. This could include taking the exams orally or with other modifications depending on the applicant’s personal circumstances.
5. Can I apply for Spanish nationality before receiving the exemption? No, the application for Spanish nationality cannot be initiated until the exemption request is resolved, except for applicants who have completed compulsory secondary education in Spain. In these cases, they can submit the nationality application without needing to request the exemption beforehand.
6. What happens if the Ministry of Justice does not resolve my exemption request? If the Ministry of Justice does not resolve the exemption request within the established 6 months, the request is considered rejected by administrative silence. This may delay the process of obtaining Spanish nationality, and it is recommended to contact a specialized lawyer to ensure that all procedures are carried out correctly.
7. Can I submit the exemption request myself, or do I need a lawyer? Although the exemption request can be submitted directly, having the advice of a lawyer specialized in immigration can expedite the process and ensure that all documents are correctly submitted. At Lexmovea, we have experts who will guide you through the entire process.