Naturalization
The process of acquiring Spanish citizenship through residency or other legal means.
Sections
1. Overview of Spanish Citizenship by Naturalization
Naturalization is one of the pathways to obtaining Spanish citizenship. It is a discretionary process granted by the Spanish government under exceptional circumstances. Unlike other pathways (e.g., citizenship by residence, marriage, or descent), naturalization is not based on fixed criteria like years of residence but rather on the applicant's unique contributions, ties to Spain, or humanitarian reasons.
2. Legal Framework
The process of naturalization in Spain is governed by:
- The Spanish Civil Code (CΓ³digo Civil), Article 21.1.
- Royal Decree 1004/2015, which regulates the procedures for acquiring Spanish nationality.
Naturalization is granted at the discretion of the Spanish government, specifically by the Council of Ministers, and is considered an exceptional measure.
3. Key Requirements for Naturalization
While naturalization is discretionary, applicants typically need to demonstrate the following:
A. Exceptional Circumstances
- Significant contributions to Spanish society, culture, economy, or science.
- Strong humanitarian reasons (e.g., statelessness, refugees, or asylum seekers).
- Special ties to Spain (e.g., long-term residence, family connections, or cultural integration).
B. Residency in Spain
- While there is no fixed residency requirement for naturalization, applicants are often expected to have lived in Spain for a significant period (e.g., 2β10 years) to demonstrate integration and ties to the country.
C. Integration into Spanish Society
- Proficiency in the Spanish language (typically at least A2 level under the CEFR).
- Familiarity with Spanish culture, history, and society, often assessed through the CCSE exam (Conocimientos Constitucionales y Socioculturales de EspaΓ±a).
D. Clean Criminal Record
- Applicants must provide a criminal record certificate from their country of origin and from Spain, showing no serious offenses.
E. Financial Stability
- Proof of sufficient financial resources to support yourself and any dependents.
F. Renunciation of Previous Citizenship
- Spain generally requires applicants to renounce their previous citizenship unless they are from a country with a special agreement (e.g., Latin American countries, Andorra, the Philippines, Equatorial Guinea, or Sephardic Jews).
4. Costs of Naturalization
The costs associated with the naturalization process include:
A. Application Fees
- The application for Spanish citizenship typically costs β¬104.05 (as of 2023). This fee is non-refundable.
B. Additional Costs
- Language Exam (DELE A2 or higher): β¬85ββ¬150, depending on the testing center.
- CCSE Exam: β¬85.
- Document Translation and Legalization: Costs vary depending on the number of documents and whether they need to be translated by a sworn translator or legalized/apostilled.
- Criminal Record Certificate Fees: Varies by country of origin.
5. Step-by-Step Procedure for Naturalization
The process for obtaining Spanish citizenship through naturalization involves the following steps:
Step 1: Gather Required Documents
You will need to collect and prepare the following documents:
- Application Form (Modelo de solicitud de nacionalidad espaΓ±ola por naturalizaciΓ³n).
- Valid Passport (copy and original).
- Residence Permit (if applicable).
- Birth Certificate, legalized and translated into Spanish.
- Criminal Record Certificate from your country of origin and Spain.
- Proof of Financial Stability (e.g., bank statements, employment contract, or tax returns).
- Language Proficiency Certificate (DELE A2 or higher).
- CCSE Exam Certificate (if applicable).
- Proof of Exceptional Circumstances (e.g., awards, humanitarian status, or contributions to Spain).
Step 2: Submit the Application
- Applications for naturalization must be submitted to the Ministry of Justice (Ministerio de Justicia).
- You can apply online through the Electronic Headquarters of the Ministry of Justice (Sede ElectrΓ³nica del Ministerio de Justicia) or in person at a Civil Registry Office (Registro Civil).
Step 3: Pay the Application Fee
- Pay the β¬104.05 fee and keep the receipt as proof of payment.
Step 4: Attend an Interview (if required)
- In some cases, applicants may be called for an interview to assess their integration into Spanish society.
Step 5: Wait for a Decision
- The decision is made by the Council of Ministers and can take 1β3 years or longer, depending on the complexity of the case.
Step 6: Oath of Allegiance
- If approved, you must take an oath of allegiance to the Spanish Constitution and renounce your previous citizenship (if required).
- This step is completed at the local Civil Registry Office.
Step 7: Obtain Spanish Citizenship
- Once the oath is taken, you will receive a Certificate of Spanish Citizenship and can apply for a Spanish passport and national ID card (DNI).
6. Country-Specific Considerations
A. Dual Citizenship
- Spain allows dual citizenship only with certain countries (e.g., Latin American countries, Andorra, the Philippines, Equatorial Guinea, and Sephardic Jews). Citizens of other countries must renounce their original nationality.
B. Language and Cultural Exams
- The DELE A2 exam and CCSE exam are mandatory for most applicants unless exempt (e.g., minors, individuals with disabilities, or those educated in Spain).
C. Processing Times
- Naturalization applications can take 1β3 years or more to process due to the discretionary nature of the process.
D. Stateless or Refugee Applicants
- Stateless individuals or refugees may have a simplified process and are often prioritized for naturalization.
E. Sephardic Jews
- Descendants of Sephardic Jews expelled from Spain in 1492 had a special pathway to citizenship (now expired as of October 2019). However, they may still apply for naturalization under exceptional circumstances.
7. Tips for a Successful Application
- Demonstrate Strong Ties to Spain: Highlight your contributions to Spanish society, culture, or economy.
- Prepare a Comprehensive Application: Ensure all documents are complete, accurate, and properly translated/legalized.
- Be Patient: The process can be lengthy, so plan accordingly.
- Seek Legal Assistance: Consider hiring an immigration lawyer to navigate the complexities of the naturalization process.
8. Additional Resources
- Ministry of Justice Website: www.mjusticia.gob.es
- Cervantes Institute (for DELE and CCSE exams): www.cervantes.es
- Electronic Headquarters of the Ministry of Justice: sede.mjusticia.gob.es
If you have further questions or need clarification on any aspect of the naturalization process in Spain, feel free to ask!