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Citizenship and Naturalization

Steps and requirements for foreign nationals to acquire Spanish citizenship.

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Comprehensive Guide to Citizenship and Naturalization in Spain

Acquiring Spanish citizenship is a significant step for immigrants who wish to fully integrate into Spanish society. The process is governed by national laws and regulations, and it requires applicants to meet specific eligibility criteria, follow a structured procedure, and fulfill legal obligations. Below is a detailed guide to help you understand the process of citizenship and naturalization in Spain.

1. Legal Framework for Spanish Citizenship

Spanish citizenship is regulated by the following key legal texts:

  • Spanish Civil Code (Código Civil): Articles 17–26 outline the rules for acquiring, retaining, and losing Spanish nationality.
  • Law 19/2015: This law modernized the naturalization process, introducing online applications and standardized requirements.
  • Royal Decree 1004/2015: Establishes the procedural framework for naturalization applications.

Spain recognizes several pathways to citizenship, including naturalization, birthright, and citizenship by descent. However, this guide focuses on naturalization for immigrants.

2. Eligibility for Spanish Citizenship by Naturalization

Naturalization is the most common route for immigrants. The eligibility criteria depend on the applicant's circumstances and length of legal residence in Spain. Below are the main categories:

A. General Residency Requirement

  • 10 years of legal and continuous residence in Spain is required for most applicants.
  • Applicants must demonstrate integration into Spanish society, including knowledge of the language, culture, and legal system.

B. Reduced Residency Periods

Certain groups are eligible for shorter residency requirements:

  1. 5 years:
    • Refugees who have been granted asylum in Spain.
  2. 2 years:
    • Nationals of Ibero-American countries (e.g., Mexico, Argentina, Colombia), Andorra, the Philippines, Equatorial Guinea, and Sephardic Jews.
  3. 1 year:
    • Individuals born in Spain to foreign parents.
    • Individuals married to a Spanish citizen for at least one year (provided they are not separated).
    • Widows or widowers of Spanish citizens (if the spouse was not separated at the time of death).
    • Children or grandchildren of Spanish nationals born in Spain.

3. Standard Procedure for Naturalization

The process of applying for Spanish citizenship involves several steps. Below is a step-by-step guide:

Step 1: Fulfill Residency and Integration Requirements

  • Ensure you meet the required period of legal residence in Spain.
  • Obtain a Certificate of Legal Residence from the police or immigration office.
  • Demonstrate integration into Spanish society, including language proficiency and cultural knowledge.

Step 2: Prepare Required Documents

Applicants must gather and submit the following documents:

  1. Application Form: Available online through the Ministry of Justice portal.
  2. Valid Passport: A copy of all pages of your passport.
  3. Residence Permit: Proof of legal residence in Spain.
  4. Birth Certificate: Must be legalized and translated into Spanish (if issued abroad).
  5. Criminal Record Certificates:
    • From Spain (issued by the Ministry of Justice).
    • From your country of origin and any other country where you have lived in the past 5 years.
  6. Proof of Integration:
    • Certificate of passing the CCSE Exam (Constitutional and Sociocultural Knowledge of Spain).
    • Certificate of passing the DELE A2 Exam (Spanish language proficiency) unless you are from a Spanish-speaking country.
  7. Marriage Certificate (if applicable): For those applying based on marriage to a Spanish citizen.
  8. Proof of Payment of Fees: Receipt of payment for the application fee.

Step 3: Submit the Application

  • Applications are submitted online through the Ministry of Justice's electronic platform (https://sede.mjusticia.gob.es/).
  • You will need a digital certificate (certificado digital) to access the platform.

Step 4: Pay the Application Fee

  • The standard fee for naturalization applications is €104.05 (as of 2023).
  • Payment can be made online or at a bank using the official payment form (Modelo 790).

Step 5: Attend an Interview (if required)

  • In some cases, applicants may be called for an interview to assess their integration into Spanish society.

Step 6: Wait for a Decision

  • The Ministry of Justice reviews applications, which can take 1–3 years to process.
  • You can check the status of your application online.

Step 7: Swear Allegiance to the King and the Constitution

  • Once your application is approved, you must swear allegiance to the Spanish King and Constitution at a local Civil Registry office.
  • This step must be completed within 180 days of receiving approval.

Step 8: Obtain Your Spanish Passport and DNI

  • After swearing allegiance, you can apply for a Spanish passport and National Identity Card (DNI).

4. Costs Associated with Naturalization

The costs of applying for Spanish citizenship include:

  1. Application Fee: €104.05.
  2. CCSE Exam Fee: €85.
  3. DELE A2 Exam Fee: €130 (if required).
  4. Document Translation and Legalization: Varies depending on the country of origin.
  5. Digital Certificate: Approximately €20–€30 (if you do not already have one).

5. Country-Specific Considerations

A. Dual Citizenship

  • Spain does not generally allow dual citizenship. Applicants must renounce their original nationality unless they are from:
    • Ibero-American countries.
    • Andorra, the Philippines, Equatorial Guinea, or Sephardic Jewish communities.
  • Renunciation is a formal requirement but may not be enforced in practice for some countries.

B. Language and Cultural Exams

  • The CCSE Exam tests knowledge of Spanish culture, history, and the Constitution. It consists of 25 multiple-choice questions.
  • The DELE A2 Exam assesses Spanish language proficiency at an intermediate level. Native Spanish speakers are exempt.

C. Processing Delays

  • Citizenship applications can take several years to process due to high demand and administrative backlogs. Applicants should be prepared for delays.

D. Legal Assistance

  • While not mandatory, hiring an immigration lawyer or gestoría can help ensure your application is complete and accurate.

6. Tips for a Successful Application

  1. Start Early: Begin gathering documents and preparing for exams well in advance.
  2. Keep Records: Maintain copies of all submitted documents and receipts.
  3. Stay Informed: Regularly check the status of your application online.
  4. Seek Professional Help: Consider consulting an immigration lawyer for complex cases.

7. Additional Resources

By following this guide, you can navigate the process of obtaining Spanish citizenship with confidence. Ensure you meet all requirements, prepare your documents carefully, and stay patient throughout the process. ¡Buena suerte! (Good luck!)