Spanish Nationality by Residence

Spanish nationality by residence is one of the main routes to obtaining Spanish citizenship, as established in the Civil Code. This process allows foreigners who have legally and continuously resided in Spain for a certain period to apply for Spanish nationality by residence. It is the most common option for foreigners living in Spain, as long as they can demonstrate a history of legal residence, good conduct, and adaptation to Spanish society.

What are the advantages of obtaining a Spanish passport?

These are the many benefits you can expect when you become a Spanish citizen after processing Spanish nationality, opening doors to a life of stability, opportunities, and rights in Spain and across the European Union, once the requirements for Spanish nationality are met.

• Residence Stability: One of the greatest advantages of obtaining Spanish nationality by residence is the stability in terms of staying in Spain. As a Spanish citizen, you will no longer need to renew temporary residence permits, nor will you face the risk of deportation due to legal issues.
• One of the World’s Most Powerful Passports: With a Spanish passport, you can travel to 194 destinations without requiring a visa, which is a significant advantage both for travel enthusiasts and those who need to travel frequently for work.
• Family Reunification: Becoming a Spanish citizen significantly simplifies the family reunification process under EU law. It allows you to bring your first-degree relatives and extended family to Spain, shortening the waiting times and easing the requirements. This includes:
  • Spouse.
  • Children.
  • Parents.
  • Siblings, grandparents, grandchildren, or other extended family members.
• Access to the European Labor Market: Having Spanish nationality opens doors to work not only in Spain but also in any EU member country without the need for work permits or specific visas. This provides the freedom to look for and accept jobs across Europe.
• Ease of Travel within the EU: With a Spanish passport, you can travel throughout all Schengen Area countries simply by presenting your valid Spanish DNI (National ID). No short-stay visas are needed, making entry into the 26 Schengen countries much easier.
• Protection Against Criminal Records: Having Spanish nationality means that criminal records will not affect your citizenship status, unlike foreigners who may lose their residency due to this reason. Nationality can only be revoked in very specific cases involving serious crimes against the state.
• Benefits for Family Members: If you have a spouse and children, they can also benefit. Minor children automatically acquire Spanish citizenship, and the spouse can apply for the residence card of a family member of an EU citizen preferentially. After one year of marriage, the spouse can apply for Spanish nationality by residence.
• Political Rights: As a Spanish citizen, you will have full civil and political rights. You will be able to vote in elections, run for public office, and actively participate in the country’s democratic life, influencing the political future of the nation. You can also apply for civil service jobs.
• European Health Coverage: With Spanish nationality, you will receive the European Health Insurance Card, granting you the right to receive medical assistance during temporary stays in the 27 countries of the European Union.

What does our Spanish nationality service offer?

The application for Spanish nationality is the main process you must complete once you meet the requirements. At our firm, we want to accompany you in obtaining your Spanish citizenship through residence, offering all our clients:

• Experience and Speed in Resolutions: Our team of lawyers specializing in immigration law has years of experience guiding people like you toward Spanish citizenship. We know every detail of the process and are updated with the latest laws to ensure your application is handled efficiently and effectively.
• Personalized Advice: At Lexmovea, each client is unique. We take the time to understand your story and tailor our approach to your specific needs, ensuring that each step you take aligns with your personal and family goals.
• Transparency and Constant Communication: We maintain clear and constant communication, keeping you informed about the status of your application at every stage. We are always available to answer your questions and ease your concerns regarding your application for Spanish nationality by residence.
• Unwavering Commitment to Your Success: Your success is our success. We work tirelessly to ensure that your Spanish nationality application is approved, taking care of every detail and presenting your case impeccably before the competent authorities while advising you on how to obtain Spanish nationality through residence.

Comprehensive Services for Your Residence Nationality Application

• Preparation and Submission of Documentation: We assist you in gathering and preparing all the necessary documentation, ensuring it meets the required standards. We handle the formal and professional submission of your application, providing constant follow-up to ensure your case progresses smoothly.
• Support for Exams and Requirements: We provide resources and support to help you prepare for the language and cultural knowledge exams (DELE and CCSE), which are essential for obtaining nationality through residence. We want you to feel confident and prepared to successfully meet the requirements for Spanish nationality by residence. If needed, we can also register you for the exam.
• Legal Defense and Appeals: In case of any obstacles or denials, we are ready to defend your rights. We present the necessary appeals and arguments to overturn unfavorable decisions and ensure that your path to Spanish citizenship is not interrupted.

Contact Lexmovea today and take the first step toward a bright future in Spain! With us, your dream is in the best hands for your residence nationality application.

Different Scenarios: Required Legal Residency Time to Obtain Spanish Nationality by Residence

To apply for Spanish nationality by residence, the foreign applicant must have legally resided in Spain uninterrupted for at least 10 years before submitting the application.

However, there are situations in which this 10-year period can be reduced:

• Five years of legal residence: For those who have obtained refugee status.
• Two years: For citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or people of Sephardic origin.
• One year:
  • For those born in Spanish territory.
  • For those who have not properly exercised their right to acquire Spanish nationality by option.
  • For those who have been under guardianship, custody, or legal foster care by a Spanish citizen or institution for two consecutive years, even if this situation persists at the time of the application.
  • For those who, at the time of the application, have been married to a Spanish citizen for one year and are not legally separated.
  • For widowers or widows of Spanish citizens, as long as they were not legally or de facto separated at the time of the spouse’s death.
  • For those born outside of Spain to a father or mother (also born outside Spain), grandfather or grandmother, provided that they were originally Spanish.

Requirements to Acquire Spanish Nationality by Residence

To apply for Spanish nationality by residence, you must meet these requirements:

• Continuous residence in Spain immediately prior to the application: You must have legally resided in Spain uninterrupted for the required period, which varies depending on your personal situation and nationality, as detailed above.
• Good Civic Conduct: You must demonstrate exemplary behavior, respecting Spanish laws and norms, with no criminal record or adverse police reports.
• Integration into Spanish society: You must show that you have integrated into Spanish society, including knowledge of the Spanish language, culture, and customs.
• No criminal record: You must not have any criminal record, both in Spain and in your country of origin.
• Valid Documentation: All your documentation, including your passport and residence permit, must be valid at the time of the application and until the nationality oath.

Important! Meeting these requirements is crucial for your Spanish nationality application to be successful. If you have any doubts or need help evaluating whether you meet the requirements, feel free to contact a lawyer or immigration specialist.

Spanish Nationality Exams

The Cervantes Institute plays a crucial role in the process of acquiring Spanish nationality by developing and administering two exams required for Spanish nationality by residence in certain cases:

• Diploma of Spanish as a Foreign Language (DELE) Level A2 or Higher: This exam assesses your Spanish language proficiency and certifies that you have a sufficient level to communicate and integrate into Spanish society. You are exempt from this exam if you are a native Spanish speaker. Later, we provide a detailed list of exempt countries.
• Constitutional and Sociocultural Knowledge of Spain Test (CCSE): This test evaluates your knowledge of the Spanish Constitution and the country’s social and cultural realities. It is a requirement for granting Spanish nationality to Sephardic Jews originally from Spain and for acquiring nationality by residence in certain cases.

The CCSE test is offered in ten sessions per year, with two time slots available for each session, across more than 200 CCSE exam centers recognized by the Cervantes Institute.

CCSE Test for Nationality

The CCSE test is mandatory for anyone applying for Spanish nationality by residence. This test, administered by the Cervantes Institute, evaluates knowledge of the Spanish Constitution and the country’s social and cultural realities.

• Sessions: Conducted monthly, except in August and December.
• Format: Comprises 25 questions, divided into true or false and multiple-choice questions with three answer options.
• Fee: €85. This fee allows you to take the test up to two times.
• Validity: The approval certificate is valid for four years.

DELE Test for Nationality

The DELE test, also administered by the Cervantes Institute, grants an official certificate of Spanish language proficiency. It is mandatory for applicants over 18 years old and those without modified legal capacity, except for nationals of the following countries:

• 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

If you hold one of these nationalities but it is not the primary nationality used to apply for Spanish nationality, you must present a valid passport from that country or a consular certificate proving your nationality. As a native Spanish speaker or someone from a country where Spanish is the official language, you are exempt from taking this exam.

For all other applicants, the conditions are as follows:

• Required Level: The DELE test must be at least Level A2.
• Structure: Comprises four sections: reading comprehension, integrated skills (listening comprehension and written expression), listening comprehension, and integrated skills (reading comprehension and oral expression).
• Fee in 2024: €134.Validity: The DELE diploma does not expire.
• Validity: The DELE diploma does not expire.

Important Reminder Proper preparation for these exams is essential to succeed in your Spanish nationality application.

How Can I Register for the CCSE and/or DELE?

Registration for both exams is done through the Cervantes Institute’s online platform. Follow these steps:

1. Create a Profile: Access the platform and create a profile using your email and a password.
2. Check Sessions and Centers: Once your profile is set up, you can view exam dates, available centers, and choose the option that best suits your needs.
3. Complete Registration: Follow the instructions on the platform to finalize your registration and make the required payment.

Exemption from the Spanish Nationality Exam

Acquiring Spanish nationality by residence typically requires passing the CCSE and DELE exams unless certain conditions allow for an exemption from the Spanish nationality exams. This exemption simplifies the process for specific groups, making it more accessible.

Who Can Request the Exemption?

The exemption is intended for individuals who have completed Compulsory Secondary Education in Spain, cannot read or write, or have learning difficulties. It also applies to minors and individuals with modified legal capacity. It is important to note that those who have completed higher education in Spain do not need to request the exemption; they can directly present their academic qualifications.

Who Is Exempt from Taking the Nationality Exams?

Although the CCSE and DELE exams are general requirements for acquiring Spanish nationality by residence, there are certain exceptions:

• People with disabilities: The Cervantes Institute provides accommodations and reasonable adjustments to ensure that people with disabilities can take the exams under equal conditions.
• Illiterate individuals or those with learning difficulties: They can request an exemption from both exams from the Ministry of Justice before submitting the nationality application.
• Individuals who have completed Compulsory Secondary Education (ESO) in Spain: They are exempt from taking both exams.
• Minors and individuals with modified legal capacity: They are also exempt. In these cases, certificates from educational or care centers where the individual has been enrolled must be provided. For minors, the certificate should include information about their class attendance, level of Spanish, parental involvement, and any factor that may affect their integration or that of their legal representatives into Spanish society.

Requesting the Exemption from the Spanish Nationality Exam

The exemption request must be submitted before initiating the nationality by residence application with the Ministry of Justice. Otherwise, the nationality application will be archived. The Ministry of Justice has six months to resolve the exemption request. If this period is exceeded without a response, the request will be considered denied. It is crucial to follow this procedure to avoid delays or complications in the nationality acquisition process.

Notarial Act for Nationality Exam Exemption

A notarial act is a public document issued by a notary that certifies a fact or declaration. For the request for exemption from the Spanish nationality by residence exam, the notarial act serves as reliable proof that the applicant meets the requirements to be exempt from taking this exam. A template for the nationality exam exemption can be downloaded directly from the Ministry’s official website.

Different Ways to Submit a Spanish Nationality by Residence Application

You have several options for submitting your application for Spanish nationality by residence:

• Online Submission The most common and recommended method is through the Ministry of Justice’s online platform. You will need a Digital Certificate to access and complete the process, or you can have a representative, such as a lawyer, submit it on your behalf.
• Through Professional Associations Some Bar Associations, Social Graduate Associations, and Solicitors have agreements to submit the application on your behalf. This is usually the FASTEST option.
• Public Registry You can submit it through any Public Registry, including the Common Electronic Registry and the Ministry of Justice’s Electronic Registry.
• Postal Mail It is also possible to send your application by postal mail.

Who Can Submit a Spanish Nationality by Residence Application?

The application can be submitted by:

• The applicant, as long as they are over 18 years old or emancipated.
• A person aged 14 or older, accompanied by their legal representative.
• The legal representative of a minor under 14 years old.
• The legal representative of a person with modified legal capacity, or the person themselves, as long as they receive proper assistance as stated in the incapacity ruling.

Additionally, the application can also be submitted through a voluntary representative, such as a lawyer specializing in Spanish nationality by residence.

Documents and Fees Required for the Spanish Nationality by Residence Application

In general, all applicants must submit the following documents to the Ministry of Justice for a Spanish nationality by residence application:

• Proof of payment of the administrative fee (Form 790, code 026, with an amount of €104.05 in 2022).
• Official application form.
• Birth certificate from the country of origin, legalized and translated if necessary, in accordance with international agreements.
• Complete copy of a valid passport.
• Criminal record certificate from the country of origin, legalized and translated as per international agreements.
• Updated proof of residency registration (empadronamiento).
• Complete copy of a valid residence card or Certificate of Registration as an EU Citizen, if applicable.
• Additional documents you wish to include in your file, such as a copy of your employment contract, health card, or training certificates.
• Certificate of passing the CCSE and/or DELE exams, if required.

Specific Documentation for Spanish Nationality by Residence Application

The application for Spanish nationality by residence requires different documentation depending on the eligibility pathway. Below is the required documentation for Spanish nationality by residence in each case:

• Born in Spanish Territory
  • Birth certificate issued by the Spanish Civil Registry.
• Those Who Did Not Exercise the Right to Opt in Time
  • Birth certificate of the Spanish parent.
  • Birth certificate of the applicant registered in a Spanish Civil Registry or a judicial resolution certifying adoption by a Spanish citizen or recognition of parentage.
• Persons Under Guardianship, Custody, or Non-Temporary Foster Care
  • Family foster care: Court order designating the guardian or custodian.
  • Institutional foster care in Spain: Resolution from the institution assuming guardianship, custody, or foster care.
• Married to a Spanish Citizen
  • Literal birth certificate of the Spanish spouse.
  • Literal marriage certificate.
  • Joint certificate of residence or proof of cohabitation with the spouse.
• Widowed of a Spanish Citizen
  • Literal birth certificate of the Spanish spouse.
  • Updated marriage certificate.
  • Death certificate of the spouse.
  • Joint certificate of residence or proof of cohabitation at the time of the spouse’s death.
• Descendant of a Spanish Citizen
  • Literal birth certificate of the Spanish parent or grandparent.
  • If the applicant is a grandchild, the parent’s birth certificate must also be provided, regardless of their nationality.
• Sephardic Jews / Spanish Nationality for Sephardic Jews
  • Sephardic status is accredited according to the Instruction of September 29, 2005, from the Directorate-General of Registries and Notaries.
• Refugees and Stateless Persons
  • The Blue Passport of the 1951 Geneva Convention.
  • A certificate or resolution from the Asylum and Refugee Office accrediting refugee or stateless status.
  • Documentation from the Ministry of the Interior for Spanish nationality accrediting this status may replace the birth certificate, criminal record certificate, and, in some cases, the passport.
  • The standardized application form (or online form) and proof of payment of the fee are always mandatory.

What Are the Stages a Spanish Nationality by Residence File Goes Through?

In the process of applying for Spanish nationality by residence, the file goes through several key stages that determine progress toward obtaining citizenship. Initially, after submitting the application, it enters a status of “Under processing,” where the documentation is reviewed, and required reports are requested. Subsequently, the file is analyzed by the Ministry of Justice, which may request additional information or proceed directly to a resolution.

If more documents are requested during the review, the status of the Spanish nationality file will change to “Pending requirement.” This means the applicant must provide the missing information for the process to continue. This step is not always necessary but is crucial when the initial documentation is insufficient.

Finally, the process culminates in a resolution, which can be either favorable or unfavorable. In the case of a favorable resolution, nationality is granted, and the applicant can proceed with the oath to the Constitution. If denied, there are options to appeal the decision, depending on the reasons for the denial. This process is complex, and each stage requires meticulous attention to ensure success in the application.

Spanish Nationality by Residence File Statuses

Here is a list of the different statuses a Spanish nationality by residence file may go through:

1. Registered (open): This indicates that the Ministry of Justice has received the application correctly.
2. Under processing – pending receipt of required reports: At this stage, the documentation is reviewed, and internal procedures begin, primarily involving requests for information from authorities such as the CNI, Cervantes Institute, Police, Guardia Civil, etc.
3. Under processing – pending receipt of documents: The file is waiting for the applicant to provide additional necessary documents to continue the process. If you submitted everything correctly, this status should not occur; otherwise, you must provide the required documents for your nationality by residence application.
4. Under processing – documents submitted: The requested documents have been correctly submitted and received.
5. Under processing: The file is being analyzed in detail by the Ministry of Justice, along with any additional documentation provided.
6. Under review: This is the final stage before resolution, where a decision is made on whether to grant or deny nationality.
7. Resolved favorably: Nationality has been granted, and the applicant can proceed with the oath to the Constitution.
8. Resolved unfavorably: The application has been denied. The decision can be appealed depending on the reasons for the denial.

Resolution and Notification of the Spanish Nationality by Residence Application

Resolution and Notification of the Application

Once your application has been processed, the Ministry of Justice will issue a resolution informing you whether your Spanish nationality has been granted or denied. This process may take up to one year from the date your application reaches the Directorate-General for Registries and Notaries. If no response is received within this period, it will be considered denied due to administrative silence, which allows you to appeal to obtain an explicit resolution.

Note: If you do not receive a response within one year, it does not necessarily mean your application has been denied. It simply means (although this should not happen, and in fact, most cases in recent years have been resolved in less than a year) that you may need to wait a bit longer or file an appeal to expedite the process after one year.

The notification of the resolution will be sent to you or your representative, as indicated in the application. This notification will include details about the available appeals, deadlines, and the competent body for filing them.

Oath of Spanish Nationality by Residence

Once nationality is granted, you must formalize it by taking an oath or pledge of allegiance to the King and obedience to the Spanish Constitution and laws in an act called the Spanish Nationality Oath. This act is performed at the Civil Registry of your residence within 180 days of the notification. During the oath, you must also renounce your previous nationality unless you are a citizen of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or are Sephardic. After the oath, your acquisition of nationality will be registered in the Civil Registry.

It is important to request an appointment for the oath as early as possible, as some Civil Registries, especially in large cities like Madrid or Barcelona, may experience significant delays due to high demand. Currently, this procedure cannot be performed at consulates.

The oath can also be taken before a notary, which often shortens waiting times.

Spanish Birth Registration

Once you have sworn or pledged allegiance to Spain and your acquisition of nationality has been registered in the Civil Registry, you will receive a Spanish Birth Certificate. This document is essential for the next step: obtaining your National Identity Document (DNI) and Spanish passport. The birth certificate must explicitly state that it is for DNI purposes.

Management of Spanish Passport and DNI After Nationality Approval

With the Birth Certificate in hand, you can apply for your DNI and passport at any police station in Spain. To do so, you must schedule an appointment and present the following documentation:

• Literal Birth Certificate or Certificate of Spanish Nationality Registration: Issued by the Civil Registry no more than six months prior to the application date.
• Recent Photograph: A color photo measuring 32 x 26 mm, with a plain white background, taken from the front, without dark glasses or garments that hinder identification.
• Certificate or Proof of Residency Registration: Issued by the City Council no more than three months prior to the application date.
• If the applicant is under 14 years old or has legally complemented capacity: The person with parental authority, guardianship, or a legal representative must be present.
• If it is your first registration as a naturalized citizen and you hold a TIE or Certificate of Registration as an EU Citizen: You must present this document.

Certificate of Concordance

At the same time as applying for your DNI, you can request a Certificate of Concordance. This document allows you to update your information with various institutions where your previous NIE was registered, such as the Immigration Office, the Tax Agency, or Social Security. This way, you can prove that you are now a Spanish citizen and hold a DNI.

The Certificate of Concordance is essential to avoid confusion and streamline future procedures, ensuring that your new Spanish identity is recognized in all areas.

Reasons for Denial of Spanish Nationality by Residence

If your application for Spanish nationality by residence is denied, it may be due to several reasons, such as:

• Criminal or police records.
• Outdated documentation.
• Lack of legal and continuous residence in Spain.
• Premature submission of the application.

The reasons for denial are not strictly defined, so each case is evaluated individually.

What to Do If Your Application Is Denied?

You have two options to appeal the decision:

• Optional Appeal for Reconsideration: This appeal is filed with the same Ministry of Justice within one month of the notification of denial. If no response is received within a month, it is considered dismissed, and you can proceed with the contentious-administrative appeal. Currently, the Ministry of Justice is experiencing delays in resolving these appeals.
• Contentious-Administrative Appeal: This appeal is filed directly with the National Court (Audiencia Nacional) within two months of the notification. It requires the assistance of a lawyer and a court representative (procurador).

Important! If your application is denied, it is crucial to act quickly and seek legal advice to evaluate your options and file the appropriate appeal within the established deadlines.

Legal Framework for Nationality by Residence

The acquisition of Spanish Nationality by Residence is primarily regulated by Article 22 of the Spanish Civil Code.

Additionally, in 2015, Royal Decree 1004/2015, dated November 6, was approved, establishing the Regulation governing the process of acquiring Spanish nationality by residence. The Order JUS/696/2015, dated April 16, is also essential, as it clarifies some key aspects of the Regulation.

Loss and Recovery of Spanish Nationality

Why Can Spanish Nationality by Residence Be Lost?

There are different reasons why a Spanish citizen may lose their nationality, depending on whether they are Spanish by origin or not.

Emancipated Spaniards

They may lose their nationality if, while habitually residing abroad:

• They voluntarily acquire another nationality.
• They exclusively use the foreign nationality they held before emancipation.
• They spend 3 years without using their Spanish nationality.

Loss occurs three years after acquiring the new nationality or emancipation unless they declare their intention to retain Spanish nationality at the Civil Registry within that period.

Exceptions:

• Acquiring the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal does not automatically result in loss.
• An explicit renunciation is required.Explicit renunciation of Spanish nationality is only effective if the individual holds another nationality and habitually resides abroad.
• Nationality is not lost if Spain is at war.

Spaniards Who Are Not of Origin

They may lose their nationality if:

• They exclusively use the nationality they renounced when acquiring Spanish nationality for three years.
• They voluntarily join the armed forces or hold a political position in another country against the explicit prohibition of the Spanish Government.
• A final judgment declares that there was falsification, concealment, or fraud in acquiring Spanish nationality.

How to Recover Spanish Nationality?

If you have lost Spanish nationality, you can recover it by fulfilling the following requirements:

• Be a legal resident in Spain: This requirement does not apply to emigrants or their children.
• Declare your intention to recover nationality at the Civil Registry.
• Register the recovery in the Civil Registry.

How to Ensure the Spanish Nationality File Is Resolved as Quickly as Possible?

At Lexmovea, we know from experience that the best way to ensure resolutions are as fast as possible is to submit an impeccable Spanish nationality by residence file from the start. All documents should be perfectly legible and complete. Additionally, applications submitted electronically or through professional associations are typically resolved much faster, as they go directly to the Ministry of Justice without needing to pass through intermediate registries.

If your nationality application has been unresolved for more than a year, you may consider filing a contentious-administrative appeal to expedite the process.

If you still have questions, remember that we are here to help.

Questions and Answers About Applying for Spanish Nationality by Residence

1. How long does it take to process a Spanish nationality by residence application?The nationality application process can vary but generally takes between 1 and 3 years. It is a detailed procedure, and while you may receive a response earlier, in some cases, the wait can be longer.
2. Is it mandatory to take an exam to obtain Spanish nationality by residence? Yes, in most cases. You will need to take two tests: the CCSE exam, which evaluates your knowledge of Spanish society, and the DELE exam, which certifies your Spanish language proficiency. However, there are exceptions that we have detailed in this article.
3. Can I apply for Spanish nationality by residence if I have a criminal record? Criminal records can negatively affect your application. To maximize your chances, it is better to have these records expunged before starting the process.
4. Is it necessary to reside continuously in Spain to apply for nationality? Yes, maintaining continuous residence in Spain is essential. Prolonged absences may affect the years accumulated for your nationality application.
5. Can I work in Spain while waiting for the resolution of my nationality application? Absolutely. As long as you maintain a valid residence permit, you can work without any issues while waiting for the resolution, provided your residence includes a work permit.
6. Can I include my children or spouse in my nationality application? No, each person must submit their nationality application separately, meeting the specific residency and documentation requirements for each case.
7. What should I do if my Spanish nationality by residence application is denied? If your application is denied, you have the right to file an appeal for reconsideration (recurso de reposición) or a contentious-administrative appeal (recurso contencioso-administrativo).
8. Can I start the process if I have completed the required years of residence but do not yet have an appointment? Yes, you can start the process. Once you meet the years of residence requirement, you can submit your application, although appointment times and waiting periods may vary depending on your location in Spain.
9. Is it possible to expedite the Spanish nationality application process? There is no direct way to expedite the process. However, if your nationality process has been unresolved for over a year, you may file a contentious-administrative appeal to expedite the resolution.
10. What happens if I change my address while waiting for the resolution of my application? It is important to notify any change of address, as the administration must always have your updated address to send any official communication to your usual residence.
11. Can Spanish nationality applications be submitted online? Yes, you can currently apply for Spanish nationality by residence online using the Ministry of Justice’s digital platform in Spain. You can submit the application yourself or through an authorized representative, such as an immigration lawyer, as long as all nationality by residence requirements are met.
12. How long does each stage of the Spanish nationality by residence process take? The nationality application process usually takes between 1 and 3 years. First, the application is submitted, which can take weeks. Then, the Ministry of Justice reviews the file, which may take between 12 and 24 months. Finally, after a favorable resolution, the nationality oath at the Civil Registry can take weeks or months, depending on administrative workload.
13. What is the fee for Spanish nationality by residence? The fee for processing Spanish nationality by residence is €104.05. This amount must be paid when submitting the application and is a mandatory requirement for the file to be admitted. Make sure to keep the payment receipt as part of the necessary documentation.
14. Who is exempt from taking the Spanish nationality exam? Not everyone is required to take the Spanish nationality exam (CCSE). Exemptions include minors under 18, individuals with recognized disabilities, or those who cannot read or write (with prior justification).
15. Can I obtain Spanish nationality by residence without being a resident? You cannot obtain Spanish nationality by residence without legally residing in Spain. This process requires a minimum period of continuous residence, which varies depending on the case: 10 years in general, although it may be reduced for Latin Americans or individuals with international protection. More details are provided in the previous section.