Applying for Spanish nationality through residency is one of the most common ways for foreigners to obtain Spanish citizenship. This process is designed for people who have lived in Spain for a set period and want to become citizens.

Here, we will dive into the specifics of this process, covering requirements, procedures, timelines, and key details to keep in mind.

General Requirements for Obtaining Spanish Nationality by Residency

The residency that qualifies for Spanish nationality must be legal, continuous, and immediately prior to the application. Additionally, the residency must be effective, meaning the applicant must be physically present in Spain at the time of applying.

1.1 Legal and Continuous Residency
Residency must be legal and uninterrupted for the required period. This means the applicant must have lived in Spain with a valid residency permit the entire time. Gaps in residency, even short ones, could disqualify the applicant unless they meet specific conditions (e.g., gaps of less than three months between permits are generally accepted).

Residency periods vary depending on the applicant’s background:

General rule: 10 years of continuous, legal residency. Stateless persons are included.
Special cases:

○ Nationals from Latin American countries, the Philippines, Andorra, Portugal, Equatorial Guinea, or Sephardic Jews: 2 years.

○ Refugees: 5 years.

○ Those born in Spain or legally under the guardianship of Spanish citizens/institutions: 1 year.

○ Spouses of Spanish citizens: 1 year (as long as they are not legally or de facto separated).

○ Widows/widowers of Spanish citizens: 1 year, provided no legal separation existed at the time of the spouse’s death.

○ Children or grandchildren of Spanish-born nationals.

1.2 Good Civic Conduct

Applicants must demonstrate good civic conduct, which goes beyond having a clean criminal record. Criminal convictions, whether in Spain or the applicant’s home country, may result in denial or significant delays. However, even without a criminal record, poor conduct could lead to rejection, as some legal precedents indicate.

1.3 Effective Residency

For residency to be considered effective:

- For the 10-year period, absences from Spain cannot exceed 6 continuous months.
- For 1- or 2-year periods, absences must not exceed 3 continuous months.

1.4 Knowledge of Spanish Language and Culture

To assess integration, applicants must pass tests evaluating their knowledge of the Spanish language and culture:

1. Language test (Level A2 or higher): Certification via the DELE (Diploma of Spanish as a Foreign Language) or an equivalent.
2. Cultural knowledge test (CCSE): Covers topics like the Spanish Constitution, culture, traditions, and citizens’ rights and obligations. Administered by the Cervantes Institute.
  There are some exemptions to this requirement, such as applications from individuals under 18 years of age, supported by certificates from accredited schools attesting to attendance, language proficiency, and participation, as well as persons with legally modified capacity or nationals from Spanish-speaking countries, who are only required to take the CCSE exam. There is also the possibility of requesting a waiver.

2. Procedure for Applying for Spanish Nationality by Residency

The process can be lengthy and complex, but following the steps precisely will help avoid unnecessary delays or rejection.

2.1 Gather Necessary Documentation
Essential documents include:

- - Valid passport.
  - Residency card or permit.
  - Criminal record certificates from the home country (valid for 3 months).
  - Birth certificate (valid for 6 months, properly legalized).
  - DELE test certificate (if required).
  - CCSE test certificate

Note: All foreign documents must be legalized and translated by an officially recognized sworn translator recognized by the Ministry of Foreign Affairs in order to use them in Spain.

2.2 Submit the Application
Applications can be submitted online through the Ministry of Justice’s official website.

2.3 Application Processing
The application review process may take a considerable amount of time, which can vary depending on the volume of applications and the complexity of each case. The file will be assessed in accordance with the established legal requirements, and the submitted documentation will be verified. In some cases, if documents are missing or additional information is needed, the applicant will be notified to complete them.

2.4 Resolution of the Application
After reviewing all documents and verifying the requirements, a decision will be made. The applicant will be notified of approval (granting nationality) or rejection. If no decision is made within one year, legal recourse is available to expedite the process.

2.5 Oath
Successful applicants must take an oath to formalize their Spanish nationality. This can be done at a Civil Registry or notary, with a deadline of 6 months from the notification date.

Currently, as long as the appointment with the Civil Registry has been requested within 6 months from the notification of nationality, it does not matter if the appointment is scheduled beyond that period, since the appointment request was made within the established timeframe.

2.6 Obtaining a Spanish ID and Passport
After the oath, the Civil Registry issues a Spanish birth certificate. With this, applicants can apply for their Spanish ID (DNI) and passport at an authorized police station.

4. Our Recommendation
Obtaining Spanish nationality through residency might seem complicated, but it doesn’t have to be with the right guidance. If you’re unsure where to start or worried about making mistakes, don’t stress—we’re here to help! Our team of expert nationality lawyers will guide you every step of the way to ensure a smooth process. Contact us today, and let’s make your dream of Spanish citizenship a reality!