Spanish nationality

Is this your case?

• You have been legally resident in Spain for years and want to stop renewing residence cards.
• You are from an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal, and have 2 years of legal residence.
• You are married to a Spanish citizen, or you were born in Spain.
• You have already applied and have had no answer, or you have been asked for documents and don't know how to respond.
• Your application has been refused and you want to know whether you can appeal.

What it involves

Nationality by residence is the route by which a foreign national who has lived legally in Spain for the period required by law can become a Spanish citizen. The application is made to the Ministry of Justice and, once granted, is completed with the oath or promise and registration at the Civil Registry. From then on, you can apply for your Spanish ID card (DNI) and passport.

Requirements

Years of legal, continuous residence immediately before the application:

• 10 years: the general rule.
• 5 years: people with refugee status.
• 2 years: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and people of Sephardic origin.
• 1 year: people born in Spain; people married to a Spanish citizen for at least one year and not separated; widows and widowers of a Spanish citizen; people born outside Spain to a father, mother, grandfather or grandmother who was originally Spanish; people who were under the guardianship, care or foster care of a Spanish citizen or institution for two consecutive years; and people who did not exercise their right of option in time.

Please note: being registered on the padrón (the local census) is not the same as legal residence, and time on a student stay permit does not count. Long absences from Spain can also call into question whether your residence has been continuous. If you have spent periods abroad, we review this before applying.

In addition:

• Good civic conduct: no criminal record, either in Spain or in your country of origin. If you have a criminal record in Spain, it must be cancelled first.
• Integration into Spanish society, usually shown by passing two Instituto Cervantes exams:
  • CCSE, on the Spanish Constitution and society.
  • DELE A2, a Spanish language exam. It is not required for nationals of countries where Spanish is an official language.

Who doesn't have to take the exams? Minors, people whose legal capacity has been modified by a court, and people who completed ESO (compulsory secondary education) in Spain, by presenting their certificate. In very specific cases you can request an exemption, but it is only granted when fully justified.

Documents

They vary from case to case. Usually:

• Valid passport.
• Valid residence card (TIE).
• Birth certificate, legalised or apostilled and, if necessary, translated.
• Criminal record certificate from your country of origin, legalised or apostilled and translated.
• Padrón registration certificate (certificado de empadronamiento).
• CCSE and DELE A2 diplomas, or the document showing you are exempt.
• Proof of payment of the fee (form 790, code 026: €104.05).
• Depending on the case: marriage certificate, documents of the Spanish spouse, etc.

Process and timescales

1. Case review. We check how many years of residence the law requires in your case and whether you meet the requirements before we start.
2. Exams. We guide you through registering for the CCSE and, if it applies to you, the DELE A2.
3. Documents. We gather the documents with you and handle legalisations, apostilles and translations.
4. Submission. We submit the application online to the Ministry of Justice.
5. Follow-up. We monitor the file and respond to any requests for documents.
6. Decision. The law allows one year for a decision, although many files are currently decided sooner. If the year passes with no answer, the application is deemed refused, and we explain your options.
7. Oath or promise. Once nationality is granted, you have 180 days to swear or promise allegiance before the Civil Registry. If you don't, the grant lapses.
8. DNI and passport. Once you are registered at the Civil Registry, you can apply for your Spanish documents.