Spanish nationality by residence

The steps

1. 1

   What nationality by residence is, Step 1

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   If you have lived legally in Spain for the required time, you can apply for Spanish nationality. It is granted by the Ministry of Justice, which may refuse it on reasoned grounds of public order or national interest.

   The Civil Code requires:

   • Legal, continuous residence immediately before the application, for the period that applies to you (10, 5, 2 or 1 year; see the next step).
   • Good civic conduct and a sufficient degree of integration into Spanish society. Integration is proven with two Instituto Cervantes exams: the DELE A2 (unless you are exempt) and the CCSE.

   The procedure is electronic: this guide follows the online application on the Ministry of Justice's electronic office, with Cl@ve or a digital certificate. There is also an official paper form («Solicitud de nacionalidad por residencia», in the Ministry of Justice's list of forms), which we do not fill in. We do not work out whether you already meet the period: check it yourself against the date your legal residence started.

2. 2

   Your period: ten years of legal residence, Step 2

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   Only in some situations

   The general period is ten years of legal, continuous residence immediately before the application.

   Shorter periods: five years if you have been recognised as a refugee; two years for nationals by origin of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and for Sephardic Jews; one year in the cases of article 22.2 of the Civil Code (for example, if you were born in Spain or have been married to a Spanish national for a year without being separated). If one of these applies to you, say so in your profile.

3. 3

   Your period: two years of legal residence, Step 3

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   Only in some situations

   Because of your nationality by origin, two years of legal, continuous residence immediately before the application are enough (article 22.1 of the Civil Code: Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal).

   Also, when you take the oath you will not have to renounce your previous nationality: article 23 of the Civil Code exempts nationals of these countries. If you have been married to a Spanish national for a year, or were born in Spain, one year is enough: say so in your profile.

   Note: article 22.1 refers to nationals by origin of these countries. If you acquired that nationality later, this period does not apply to you: the general ten years applies (or the reduced period that fits your case).

4. 4

   Your period: a reduced period, Step 4

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   Only in some situations

   Depending on the case you chose:

   • Refugees: five years of legal residence.
   • One year of legal residence is enough if: you were born in Spain; you did not exercise your right to opt for Spanish nationality in time; you were for two consecutive years under the guardianship, full representative curatorship, custody or foster care of a Spanish citizen or institution; when you apply you have been married for a year to a Spanish national and are not legally or de facto separated; you are the widow or widower of a Spanish national and were not separated when they died; or you were born outside Spain to a father, mother, grandfather or grandmother who was originally Spanish.

   In every case your residence must be legal, continuous and immediately before the application, and you will need documents that prove your case.

5. 5

   Pass the Instituto Cervantes exams, Step 5

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   There are two exams, both run by the Instituto Cervantes:

   • DELE A2 or higher (Spanish language). You are exempt if you already hold a DELE A2 or higher, or are a national of a country or territory where Spanish is an official language.
   • CCSE (constitutional and sociocultural knowledge of Spain). It costs €85 and includes two attempts and the preparation materials. There is a sitting almost every month, in Spain only. Register online on the Cervantes website with your NIE.

   Children under 18 and people with judicially modified capacity are exempt from both exams. If you cannot read or write, or have learning difficulties, you can ask for an exemption (dispensa) on the Ministry of Justice's electronic office, and you must ask before the nationality application: if you file both at the same time, the nationality application is closed.

   You do not need to upload the certificates if you authorise the Ministry to check them with the Instituto Cervantes in your application.

   Documents

   • ☐DELE diploma, level A2 or higherOnly in some situationsThe price depends on the level and the country; in Spain you see it when you register on the Instituto Cervantes exams website.
   • ☐CCSE exam passed€85 on the Instituto Cervantes exams website.
6. 6

   Gather your documents, Step 6

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   Documents are uploaded scanned to the online application. Foreign documents must be legalised (or carry an apostille if your country signed the Hague Convention; public documents from EU countries are exempt) and translated into Spanish. Check the legalisation carefully to avoid requests for more information.

   The application includes authorisations for the Ministry to check your padrón registration, your criminal record in Spain and your immigration records. If you do not give them, you must provide the padrón certificate, the Central Criminal Records certificate and your TIE yourself.

   Documents

   • ☐Birth certificate from your country, legalised and translatedUnless you prove you are a refugee or stateless.
   • ☐PassportUnless you prove you are a refugee or stateless.
   • ☐Criminal record certificate from your country of origin, legalised and translatedFor adults who are not refugees or stateless. If you are from an EU country, the Spanish Central Criminal Records certificate stating that your country was consulted is accepted instead.
   • ☐Proof of payment of fee 790 code 026
   • ☐Documents proving your caseOnly in some situationsFor example, of your marriage to a Spanish national, your refugee status, your birth in Spain or your Spanish ancestry.
7. 7

   Pay fee 790 code 026, Step 7

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   Fee answer sheetIncluded in the pack · €89

8. 8

   File the application online, Step 8

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   Online filing guideIncluded in the pack · €89

9. 9

   Track your application, Step 9

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   When you send the application you get a receipt with the registration date and time. You can see the stage of your file in the sede's Consulta telemática de expedientes (no digital certificate needed); that check is not a notification. Electronic notifications arrive through DEHú.

   If you are asked to correct something, you have three months; otherwise your application is treated as withdrawn. The legal maximum to decide is one year; there is no minimum. In practice, many applications take longer. If the year passes without an answer, the application is deemed refused (negative silence), and you can appeal.

10. 10

    Oath and Civil Registry entry, Step 10

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    If nationality is granted, you have 180 days from the notification to do the following before the Civil Registry or a notary:

    • swear or promise loyalty to the King and obedience to the Constitution and the laws;
    • renounce your previous nationality, unless you are from an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal, or Sephardic;
    • ask for the entry in the Civil Registry.

    If you do not do it within that period, the grant lapses. Until the entry you must keep good civic conduct. Bring the originals of the documents you uploaded in case they need to be checked.