SPANISH
NATIONALITY
“We know how important Spanish nationality is for you,
so we will do all what we possibly can to assist you at every step,
so you don’t have to worry about anything”
Spanish nationality is the legal bond that binds a physical person with the Spanish State and attributes the status of citizen.
From birth, each child has the right to have a name, a surname and a nationality.
The right to nationality is a fundamental human right, guaranteed in article 15 of the Universal Declaration of Human Rights, of December 10, 1948, which includes the right of each person to acquire, to change or to retain a nationality:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of her nationality or of the right to change her nationality.
The regulation of the nationality and legal status of foreigners contained in the Civil Code of Spain (the fundamental and basic law of Spanish civil law in force since 1889), has roots in historical law and is progressive. Based on the First Title of the First Book of the Civil Code “Of Spaniards and Foreigners”, the right to obtain Spanish nationality can be executed through different ways of acquiring nationality:
– Nationality by residence;
– Nationality by option;
– Nationality for Spaniards of origin;
– Nationality by naturalization;
– Nationality by possession of state.
The mode of acquisition of nationality by residence is the most popular way of acquiring Spanish nationality, it requires the person’s residence in Spain for ten years legally, continuously and immediately prior to the request.
There are exceptions, in which the required period of residence is reduced:
Five years: for the granting of Spanish nationality to those who has a refugee status.
Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and for people of Sephardic origin.
One year:
– Whoever was born on Spanish territory;
– Those who did not properly exercise their right to acquire Spanish nationality by option;
– Those who have been legally subject to guardianship (under the supervision of a guardian), adoption or foster care (the foster care that allows the reduction of legal residence to one year is the one in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and foster care that are judicially recognized) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the request;
– Anyone who, at the time of application, has been married to a Spaniard for a year and is not legally or de facto separated;
– The widower or widow of a Spanish or Spanish, if at the time of the spouse’s death they were not separated de facto or judicially;
– Those born outside of Spain of a father or mother (also born outside of Spain), a grandfather or grandmother, provided that all of them were originally Spanish.
What documents do I need
to apply for Spanish nationality by residence?
– Application form;
– Birth certificate of the country of origin, legalized and apostilled (if it is not in Spanish it must be legally translated) within less than 12 months of issuance;
– Complete copy of valid passport;
– Certificate of criminal record of the country of origin, legalized and apostilled (if it is not in Spanish it must be translated) within less than 6 months of issuance;
– Certificate of person’s registration in the census within less than 3 months of issuance;
– Complete copy of the valid residence card or copy of the Certificate of Registration of Citizen of the European Union, in case of EU citizens;
– Apt certificate of the CCSE and / or DELE depends on the case;
– Paid fee with an amount of 103,02 Euros.
