Legal residence

 Those cases in which the foreigner is a non-resident visa holder (such as the Schengen and students visa), as well as those cases in which the foreigner is in Spain irregularly, are excluded from the temporary calculation for nationality purposes.

Continuity

 Residence in Spain must be uninterrupted, except for sporadic absences from the territory. Although the concept of sporadic absence is not legally defined, it is advised that it should not be more than 30 to 60 days in a one-year period.

Civic behaviour and a sufficient degree of integration

In order to meet this requirement, it is essential to have no criminal record before and during the process of applying for nationality by residence.

1. General assumption

Foreigners who have resided in Spain for ten years, proving that they meet the aforementioned requirements, may apply for Spanish nationality by residence.

2. Refugees

When the foreigner has refugee status and has resided legally and continuously for five years, he/she may apply for Spanish nationality by residence.

3. Nationals of Latin American countries, Andorra, the Philippines, Portugal, Equatorial Guinea and foreigners of Sephardic origin

Given that these countries have had historical ties with Spain, only two years of legal and continuous residence in Spain are required in order to apply for nationality by residence. Similarly, those who prove their Sephardic origin and reside in Spain may apply for nationality by residence after two years of residence.

In addition to substantially reducing the period of residence, the acquisition of Spanish nationality in these cases does not imply the loss of the previous nationality.

4. Cases in which the period of legal residence is reduced to one year in order to apply for Spanish nationality

• Those born in Spanish territory of foreign parents.
• Adults who did not opt in in a timely manner: Children of Spaniards of origin and born in Spain, those who have been subject to the parental authority of a Spaniard and those whose parentage with a Spanish father was determined after the age of 18 have the right to opt for Spanish nationality. If this right is not exercised in a timely manner, they may apply for Spanish nationality by residence after one year has elapsed.
• The person who has been legally subject to the guardianship, curatorship with full powers of representation, guardianship or foster care of a Spanish citizen or Spanish institution for two consecutive years, even if the foreigner is still in this situation at the time of application.
• The spouse of a Spanish citizen, without being divorced or de facto separated.
• The widower of a Spanish citizen, if at the time of death they had not been separated or divorced.
• Foreigners who were born outside Spain of Spanish parents, or grandchildren of Spanish grandparents, who were originally Spanish, regardless if the Spanish member of the family was born in Spain.

1. Legitimised

• Foreign citizens resident in Spain.
• Legal or voluntary representative of the foreigner that resides in Spain.
• Professional bodies or associations that have signed an agreement to this effect with the Ministry of Justice.

2. Accreditation of knowledge of the Spanish language and of the Spanish socio-cultural environment.

Language (DELE test)

Applicants for nationality must accredit basic knowledge of at least A2 level of the Spanish language, with an official certificate issued by the Cervantes Institute, except for citizens from Latin American countries.

Constitutional and socio-cultural knowledge (CCSE test)

For the accreditation of the applicant’s constitutional and socio-cultural knowledge, he/she must present the certificate of approval of the exam administered by the Cervantes Institute.

3. Start of the procedure

• Telematically, through the Ministry of Justice website.
• Before the bodies of the Public Administrations. Administration is compelled to send the documentation telematically at a later date.

4. Jurisdiction and time limit for a decision

The public organism called Dirección General de Seguridad Jurídica y Fe Pública is responsible for instructing the process of nationality by residence and issuing a proposal for a decision on it.

The proposed decision granting or denying nationality by residence shall be submitted to the Ministry of Justice. It is the Ministry that makes a final decision and notify the interested party of the act within a period of one year.

5. Swearing-in and registration of nationality

Once the decision granting nationality by residence has been notified, the applicant must swear-in fidelity to the Constitution and the king, and register the acquisition of nationality with the Civil Registry, Notary or before a Consular Official.

• Valid passport of the applicant.
• Document proving your legal residence at the time of application.
• Criminal record from Spain and, if applicable, from any other country in which he/she has resided in the last five years.
• Authorisation of the applicant to act on his/her behalf.
• Birth certificate of the applicant.
• Certificate of census registration (padrón).
• Certificates of passing the DELE test, if applicable, and the CCSE test.