Spanish Nationality by residence: a complete guide

Spanish Nationality by Residence

What is it?

Nationality is the legal bond between the person with the condition and has the dual role of being a fundamental right and establish the legal status of persons. For this relationship, the individual enjoys rights that may require the state organization to which it belongs and, in return, can impose compliance with a series of obligations and duties.

Spanish nationality is acquired, retained and lost in accordance with the provisions of the law.

One way of obtaining citizenship is residence, which requires the person’s residence in Spain for ten years of legal, continuous and immediately prior to the application form. There are cases in which a period of residence is reduced; these are:

• Five years: to grant Spanish citizenship to those who have obtained refugee status
• Two years: for nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal or of Sephardic origin people.
• A year:
  • He who is born in Spanish territory.
  • He who does not properly exercised its right to acquire Spanish nationality by option.
  • Which has been subject to legal protection (under the supervision of a tutor), foster care or (the placement that allows the reduction of legal residence one year is one in which there is resolution of the public entity in each territory have entrusted child protection and foster care who are legally recognized) of a Spanish citizen or institution for two consecutive years, even if I will continue in this situation at the time of application.
  • Which, at the time of the request, take a year married a Spanish or Spanish and is not legally separated or in fact.
  • The widow or widower of Spanish or Spanish, if they were not separated in fact or judicially at the time of the spouse’s death.
  • The born outside Spain, father or mother (also born outside of Spain), grandparent, provided that all of them originally had been Spanish.

In addition, the applicant must prove good civic conduct and sufficient integration into Spanish society.

Who can request it?/present

• The person concerned, by itself, whenever over 18 or is emancipated.
• The more than 14 years assisted by his legal representative.
• The legal representative of 14 years.
• The person with the capacity modified judicially himself or the legal representative of incapacitated of the above mentioned person, depending on what point the judgment of incapacitation.

Further information

Documents to accompany the application of age in any case:

1. Standard application model. If electronic filing based on the form is replaced online.
2. Foreign Identity Card. Family card of citizen of the European Union or Certificate of Foreign Registration or Central Registry of citizen of the Union.
3. Full and valid passport from the country of origin.
4. Birth certificate of the interested party, duly translated and authenticated
5. Criminal record of his country of origin, translated and authenticated in accordance with existing international agreements or conduct consular certificate issued on the basis of consultation with the competent authorities of the country of origin.
6. Marriage certificate if the applicant is married.
7. Proof of payment of the fee
8. Criminal record certificate from the Central Registry of prisoners. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form.
9. Certificate of registration. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form.
10. Diplomas of the Cervantes Institute Test constitutional and sociocultural knowledge (CCSE) and the test of knowledge of Spanish (DELE). It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form. In the case of nationals of a country where the official language is Castilian, exempt from the exam DELE under Regulation residence nationality, passport or certificate of nationality proving the exemption.

Documents that must accompany the request for minors or people with the ability modified judicially in any case:

A) 14-year-old minors or you present yourself with the capacity modified judicially that should act across legal representative:

1. Standardized application model signed by the representative legal. En case based electronic filing is replaced by the on-line form.
2. Birth certificate from the country of origin duly legalized and translated where necessary, in accordance with international conventions.
3. Full passport or identification document in the case of citizens of member countries of the Schengen area.
4. Proof of payment of the fee.
5. Authorization or the civil registrar of the minor or the person with the capacity modified judicially, in the terms foreseen in the current regulation.
6. Document identification or the legal representative.
7. Certificate training center, residence, reception, care or special education attesting a sufficient degree of integration, compulsory for children of school age.
8. Identity Card overseas residence card for family members of citizens of the European Union or Certificate of Registration of Union citizens. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form.
9. Certificate of registration. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form

B) 14 and over but under 18 and not emancipated or legally incapacitated they can act by themselves assisted by his legal representative

1. Standard application model. The paper application must be signed both by the applicant and by their legal representatives. The presentation in electronic office will suffice with the digital signature of one of them but attaching scanned the paper application form signed by all.
2. Birth certificate from the country of origin duly legalized and translated where necessary in accordance with international conventions.
3. Full passport identification in the case of citizens of member countries of the Schengen area
4. Proof of payment of the fee.
5. Certificate training center, residence or host proving a sufficient degree of integration. This certificate will be obligatory in less petitioners in school age and whenever the minor or the person with the capacity modified judicially is inscribed in some of these centers.
6. Document establishing legal representation (Writ where the representation or identification of parents is established in the case of minors subject to parental authority)
7. Identity Card overseas family residence card of citizen of the European Union or Certificate of Registration of the Union citizens. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form
8. Certificate of registration. It can be replaced with the authorization of the Ministry of Justice consultation contained in the application form

Additional documents to bring in specific cases

Refugees.

• Foreign Identity Card stating his refugee status.
• Blue passport Geneva Convention of 1951 (if dispose of it).
• Certificate Refugee Office of the Ministry of the Interior (this certificate shall be valid for six months from the date of issue) stating:
  • Name and surname.
  • Date and place of birth.
  • Names of parents.
  • That keeps his refugee status.

Born in Spanish territory.

• Literal birth certificate of the interested enrolled in the Spanish Civil Register

Those who have not timely exercised the right to choose.

• Birth certificate of the father/mother Spanish.
• Literal birth certificate of the interested enrolled in a Spanish Civil Registry or judicial decision stating the adoption or the recognition of Spanish descent.

People in care, custody or not interim care.

In cases of foster care:

• Auto of the competent court by which designate the person who will exercise the guardianship, custody or foster care.

In cases of refuge for Spanish Institution:

• Resolution of that institution assuming guardianship, custody or foster care.

Married with Spanish.

• Literal birth certificate of the Spanish spouse, issued by Spanish civil registry.
• Literal marriage certificate issued by Spanish civil registry.
• Coexistence or Voter Registration Certificate together with the spouse.

Widower of Spanish

• Literal birth certificate of the spouse issued by Spanish civil registry.
• Literal marriage certificate issued by Spanish civil registry updated, that is, issued close to the citizenship application dates.
• Spouse’s death certificate.
• Certificate of registration or cohabitation set the date of death of the spouse.

Descended from Spanish

• Literal birth certificate of the father/mother Spanish.
• Literal birth certificate of grandfather/grandmother, only when one or both are Spanish ancestors. In this case, you must also present the birth certificate of the father/mother descended from Spanish, although he/she has been or Spanish.

Sephardic

• Proof of Sephardic condition as established in Article 1.2 of Law 12/2015, of June 24, on granting Spanish nationality to the Sephardic Jews originating from Spain.

In any case, it shall proceed to payment of the fee in advance to submission of the application, and the same can be made of through the following means:

• Payment through the payment gateway of the Inland Revenue (pending authorization of technical means):
  • By accessible on its website, as set out in Resolution of January 10, 2008, the Undersecretary of Justice specific form.
  • The payment will be credited by proof that facilitates the AEAT website or through the proof of payment of the bank, always providing the service of electronic banking for payment of that fee, which shall contain the number Complete Reference (NRC), along with the “Copy for the administration” 790- sheet model code 026.
• Other forms of payment:
  • Payment via electronic banking systems:
    • If you have open and electronic signature to operate in any of the collaborating financial institutions account, you can pay through their electronic services. To do this, you must first download the 790-026 model code of this portal, and include your receipt number in the corresponding section of its electronic banking system.
  • In person in Spain:
    • You can go with the printed code 790- 026 completed a financial entity collaborating with the Tax Agency to conduct the liquidation. Payment is credited with the mechanical validation or authorized signature of the financial institution on the copy “Copy for the administration” of the code printed 790- 026 must be provided to the competent administrative body to the proceedings and, together with the application.
    • Payment shall be allowed only in Spain, through the aforementioned means, for those people who have DNI or NIE.

TAX PRICE: around 104.05 € (Tax for 2022) *when apply in 2023, be sure to verify the updated amount before paying the tax.

Here enclosed the Tax form. Do not photocopy the tax to re-use as it has a unique code of payment.

IMPORTANT: you must be careful to properly settle the amount of the fee, because if done for the wrong amount the bank can not return or compensate for it and, if apply for reinstatement, the applicant must initiate a record of returning sums paid.

CORRECTION OF THE APPLICATION:

According to Article 10 of the Regulation establishing the procedure for the acquisition of Spanish nationality by residence, approved by Royal Decree 1004/2015, of November 6, regulating or if the application documents submitted do not meet the requirements for obtaining Spanish nationality by residence, will require the applicant or his representative to remedy the lack or accompany, telematics or physically, for verification documents come in within three months. Of that remedy not be produced by the person concerned, he shall be withdrawn at his request.

Resolution

The Director General of Registries and Notary, resolve by delegation from the Ministry of Justice under the Order JUS / 696/2015 of 16 April.

The resolution declaring the grant or refusal of the Spanish nationality by residence shall be notified to the applicant on the place and manner and lodged in the claim.

The effectiveness of granting Spanish nationality to be conditional on residence within 180 days are met before the civil registrar of the home, the requirements of Article 23 of the Civil Code:

• The most interested of 14 and able to testify on their
• Swear or promise allegiance to the King and obedience to the Constitution and laws
• Renounce their previous nationality. Excepted from this requirement natives of Latin American countries, Andorra, Philippines, Equatorial Guinea or Portugal and the Sephardim.
• Register the acquisition of nationality in the Spanish Civil Register

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