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Spanish nationality
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What is Spanish nationality?
Spanish nationality is the legal condition that grants a person belonging and recognition as a citizen of Spain.
Spanish nationality can be acquired in different ways, the main ones being:
Nationality by origin
It is acquired by birth in Spanish territory, by descent from a Spanish father or mother, or by full adoption by Spanish citizens.
Nationality by residence
It is obtained for having legally and continuously resided in Spain for a certain period of time, complying with the established legal requirements.
Nationality by choice
It is granted to people who meet certain requirements, such as those who have been under the guardianship or guardianship of a Spanish citizen, those who have been married to a Spanish citizen for a certain time, or those born in Spain to parents foreigners who cannot transmit their nationality to them.
What is Spanish nationality for?
Spanish nationality is a legal status that confers a series of rights and duties to those who obtain it.
Some of the main functions and benefits of Spanish nationality are:
Civil and Political Rights
Spanish citizens have full civil and political rights in Spain, including the right to vote in municipal, regional, general and European elections, as well as the right to be elected to public office and participate in the political life of the country.< /p>
Consular protection and assistance
Spanish citizens have the right to consular protection and assistance from Spanish embassies and consulates abroad in case they need help in emergency situations, loss of documents, detention or any other legal or administrative situation in a country foreigner.
Mobility and free movement
Spanish citizens have the right to move freely and reside in any country of the European Union and the Schengen Area, as well as to enjoy the diplomatic and consular protection of other countries of the European Union in case of need.
Access to social services and benefits
Spanish citizens have access to social services and benefits in Spain, such as health services, education, social security, pensions, subsidies and other benefits.
Labor Rights
Spanish citizens have the right to work and practice their profession in Spain without restrictions, as well as to benefit from labor rights and protections established by Spanish labor law.
Transmission of nationality to descendants
Spanish nationality can be transmitted to the direct descendants of Spanish citizens, which allows future generations to maintain a link with Spain and access the benefits and rights associated with Spanish nationality.
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Ways to acquire Spanish nationality
How do you obtain Spanish nationality?
Spanish nationality by residence
To obtain Spanish nationality by residence, it is necessary to meet a series of requirements and follow an established legal process.
General requirements
Legal and continuous residence: It is necessary to have legally resided in Spain continuously for a set period of time, which generally varies between 2 and 10 years, depending on the applicant’s situation. During this period, you must maintain a legal residency status and comply with Spanish immigration laws and regulations.
Integration and good conduct: The applicant is required to demonstrate their integration into Spanish society, which may include proof of knowledge of the Spanish language, basic knowledge of Spanish culture and the absence of criminal record.
Application for nationality: Once the residence requirements are met and integration and good conduct are accredited, the application for Spanish nationality can be submitted to the Ministry of Justice or the competent authority in matters of nationality, accompanied by the required documentation.
Processing and study of the file: The nationality application file will be evaluated by the competent authorities, who will verify compliance with the requirements and carry out the pertinent investigations. This process may take time and may require the submission of additional documentation.
Oath or promise of allegiance: In case the application is approved, the applicant must take an oath or promise of allegiance to Spain and its Constitution in a formal act, generally in a civil registry.
Spanish nationality by marriage
Spanish nationality by marriage is obtained through a process called “nationality by option” and is available to foreign spouses of Spanish citizens.
General requirements
Marriage to a Spanish citizen: The first requirement to obtain Spanish nationality by marriage is to be married to a Spanish citizen. The marriage must have been legally recognized in Spain or in the country of origin of the foreign spouse.
Legal and continuous residence: The foreign spouse must have legally resided in Spain continuously for a set period of time, generally one year from the date of the marriage. During this period, you must maintain a legal residency status and comply with Spanish immigration laws and regulations.
Integration and good conduct: The foreign spouse is required to demonstrate their integration into Spanish society, which may include proof of knowledge of the Spanish language, basic knowledge of Spanish culture, and the absence of criminal record.
Application for nationality: Once the residence requirements are met and integration and good conduct are accredited, the application for Spanish nationality can be submitted by option to the Ministry of Justice or the competent authority in matters of nationality, accompanied by the required documentation.
Processing and study of the file: The nationality application file will be evaluated by the competent authorities, who will verify compliance with the requirements and carry out the pertinent investigations. This process may take time and may require the submission of additional documentation.
Oath or promise of fidelity: If the application is approved, the foreign spouse must take an oath or promise of fidelity to Spain and its Constitution in a formal act, generally in a registry civilian.
Spanish nationality by descent or nationality of origin
The Spanish nationality by descent refers to the possibility of obtaining Spanish nationality through the ancestry or descent of a Spanish citizen.
General requirements
Descendants of a Spanish father or mother: Children of legal age of a Spanish father or mother can obtain Spanish nationality by descent. To do this, they must submit an application for Spanish nationality and prove their affiliation with the Spanish father or mother through the corresponding birth certificate or affiliation certificate.
Descendants of a Spanish grandparent: The grandchildren of legal age of a Spanish grandfather or grandmother can also obtain Spanish nationality by descent. To do this, they must submit an application for Spanish nationality and prove their affiliation with the Spanish grandfather or grandmother through the corresponding birth certificate or certificate of affiliation, as well as demonstrate their ties to Spanish culture and integration into Spanish society.
Spanish nationality by option
The Spanish nationality by option refers to the possibility of obtaining Spanish nationality through a legal option established in Spanish law.
General requirements
Option for legal residence in Spain: Foreigners who have legally resided in Spain for at least 10 consecutive years can apply for Spanish nationality through this route. In addition, they must meet other requirements, such as proving knowledge of the Spanish language, basic knowledge of Spanish culture and the absence of a criminal record.
Option for being the son/daughter of a Spanish father or mother: Children of legal age of a Spanish father or mother can opt for Spanish nationality through this route, provided that the father or mother is of Spanish origin or has acquired Spanish nationality before the birth of the child.
Option by birth in Spain: Foreigners born in Spain and who have legally resided in the country for at least one consecutive year can apply for Spanish nationality through this route, provided that at least one of their parents is also unknown, lacks nationality or the law of their country of origin does not allow nationality by birth.
Option for marriage with a Spanish citizen: Foreign spouses of Spanish citizens can opt for Spanish nationality through this route, provided they have been married and legally residing in Spain for at least one year. In addition, they must meet other requirements, such as proving knowledge of the Spanish language, basic knowledge of Spanish culture and the absence of a criminal record.
FAQs
How to obtain Spanish nationality?
How long does it take to obtain Spanish nationality?
The time required to obtain Spanish nationality may vary depending on the type of procedure used and the circumstances of each case. Below are some of the approximate deadlines for obtaining Spanish nationality in different cases:
Nationality by residence: To obtain Spanish nationality by residence, it is required to have legally resided in Spain continuously for a certain period of time. The general term is 10 years, although there are some exceptions, such as 5 years for those who have obtained refugee status, 2 years for citizens of Ibero-American countries, and 1 year for Sephardim from Spain. It is important to take into account that during the application process, you must prove compliance with the established requirements and pass the integration tests and knowledge of the Spanish language.
Nationality by marriage: To obtain Spanish nationality by marriage to a Spanish citizen, it is required to have been married and have legal residence in Spain for a minimum period of 1 year. In addition, other requirements must be met, such as effective coexistence as a couple and passing integration tests and knowledge of the Spanish language.
Nationality by option: Spanish nationality by option is applied in specific cases, such as children of Spanish parents, people adopted by Spaniards, people born in Spain to foreign parents, among others. The terms and requirements to obtain nationality by option may vary depending on the specific case and must be consulted in detail in the applicable legislation.
Which countries have a dual nationality agreement with Spain?
Most Latin American countries have a dual nationality agreement with Spain, for the rest of the countries the specific case must be followed and the nationality of origin must be examined to determine if there is an agreement.
List of countries in alphabetical order with dual nationality agreement:
Andorra, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Equatorial Guinea, Ecuador, Philippines, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Portugal, Puerto Rico, El Salvador, Uruguay, Venezuela and France.
What must be done once the Spanish nationality is granted?
The step to follow once the favorable resolution granting nationality is obtained, is the oath process, this process must be carried out in the civil registry where the foreign citizen is registered. This procedure is free. There is also another way to process the oath of nationality and it is through a notary with domicile in the town of residence of the foreign citizen. This option has an economic cost.
What to study for the Spanish nationality exam?
There are two types of exams that must be passed by foreign citizens, this will depend on the nationality of origin. The test of constitutional and sociocultural knowledge of Spain (CCSE) is for all applicant foreign citizens. The DELE A2 Spanish test is a diploma and/or official degree accrediting the degree of competence and mastery of the Spanish language. This test is aimed at foreign applicants where the Spanish language is not spoken. Passing these tests is essential and mandatory to process the application for Spanish nationality by residence.
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