How to obtain Spanish Nationality
Spanish nationality makes you a Spanish citizen, that is, it grants you the Spanish citizenship. This allows you, among other rights:
- Live indefinitely in Spanish territory.
- Right to vote or free movement and work within the European Union.
Although the most common way to obtain Spanish nationality is by right of birth, there are different ways to obtain it and we are going to analyze them in this article.
Ways to obtain Spanish Nationality
Currently there are 4 ways to be eligible to obtain nationality:
- Carta de naturaleza
- Residence
- Origen
- Option
Option 1. Nationality by Nature Card
This way of obtaining Nationality is the most peculiar of all, since it is not subject to any rule, but rather it is the Government through Royal Decree that grants it. It's an unrealistic option for most people. They are usually awarded to distinguished, honorary people or refugees.
Option 2. Nationality by Residence
It is the option that is best known. It requires that the person have resided in Spain for 10 years legally, continuously and immediately prior to the request for Nationality. Although in general it is required that the person has lived for 10 years In the country, there are shorter deadlines according to certain conditions:
- If the person is a refugee, the time required is 5 years.
- If the person comes from any Latin American country, Equatorial Guinea, Portugal, Andorra or the Philippines, the time required is 2 years.
- If the person is married to a Spanish citizen, the time required is 1 year, then obtaining Nationality by Marriage.
For this process it is necessary to pass exams called CCSE. If the person belongs to a non-Spanish speaking country, a DELE qualification. We invite you to see more about these Spanish nationality exams and take some tests to see your level and if you would be able to pass.
Requirements to obtain Nationality by Residence
- Live the required years, according to each person, uninterruptedly. You cannot leave the country for long periods or frequently. Spending more than 3 consecutive months outside the country can be a problem.
- The required years begin to count from when the first residence card becomes valid. The days in which you have lived as an irregular citizen or the days in which you have lived with a student or tourist visa will never count.
- It is very important that the person does not have a criminal record or uncivil behavior in Spain. Any type of sanction or fine can harm the process of obtaining Nationality.
Option 3. Nationality by Origin
Children born to a Spanish father or mother can obtain Spanish Nationality. Those who are grandchildren of a Spanish citizen can also obtain it.
Those born in Spain to foreign parents can also obtain it, if one of the two parents was born in Spain. If neither of the foreign parents was born in Spain, but both lack (stateless) Nationality or if the legislation of neither of them attributes a Nationality to the child, he or she can obtain Spanish Nationality.
Children born in Spain whose parents' identity is not known are also Spanish by origin.
Option 4. Nationality by Option
Nationality by Option can be obtained by foreign citizens who are in any of the following cases:
- People who are or have been subject to the parental authority of a Spaniard.
- People whose father or mother had been Spanish and had been born in Spain.
- People whose filial determination or birth in Spain occurs after eighteen years of age.
- Those people whose adoption by Spaniards occurs after the age of eighteen. In this case, the right to opt for Nationality exists until the period of two years has elapsed from the moment of adoption.
The right to request nationality by Option expires two years after reaching the age of majority, except in the case of people whose father or mother had been Spanish and born in Spain, where there is no deadline.
This is the route normally used by foreigners who have acquired Spanish Nationality so that their minor children can also acquire Spanish Nationality.
Documents necessary to apply for Spanish Nationality
The first thing you need to do is prepare all the documents. Typically, you will need:
- Full passport and NIE
- Current residence permit
- Certificate of passing the exams DELE A2 and CCSE (the DELE A2 exam is a language exam that will not be necessary to take if you come from any Latin American country; the CCSE exam is a cultural test that will not have to be taken if you have completed ESO or Baccalaureate). Both exams are organized by the Cervantes Institute.
- Criminal record
- Birth certificate
- Marriage certificate (if you apply for nationality by marriage)
- Current and historical register
- Birth certificate of the children (in case you want your children to obtain Nationalization by Option)
- Proof of payment of the corresponding fee (costs just over 100 euros)
- Demonstration of having sufficient financial means
Application for Spanish Nationality: process and requirements
- Have the documents that we have indicated prepared.
- Presentation of the application and resolution.
- Oath to the King of Spain and the Constitution.
- Obtaining a passport and ID at any local police station.
- Request for a certificate of agreement so that all institutions have the change from NIE to DNI.
The application can be submitted electronically at this link (https://sede.mjusticia.gob.es/es/tramites/nacionalidad-espanola) or in person at the Civil Registry.
The resolution of the request may take 2 to 3 years in total.
In summary, Spanish Nationality will grant you benefits in terms of carrying out administrative procedures, it will give you the right to vote and to work and free movement in the European Union. However, the process can be expensive and it is always advisable to put yourself in the hands of expert lawyers.
