Nationality
Spanish nationality by residence
It is the end of the road and, by some distance, the application that brings the most joy into the office. It is also one of the longest, so it is worth starting it properly and with the arithmetic clear.
Nationality by residence requires that you have lived in Spain legally, continuously and immediately before the application for the period set out in the Civil Code. That period is not the same for everyone, and there lies the first piece of good news for many people: there is a very favourable regime depending on your country of origin.
How long you need
| Situation | Legal residence required |
|---|---|
| General rule | 10 years |
| People with refugee status | 5 years |
| Nationals of Latin American countries, the Philippines, Equatorial Guinea, Andorra, Portugal and Sephardic Jews | 2 years |
| Married to a Spanish national, widowed, born in Spanish territory and other Civil Code cases | 1 year |
The two exams
With limited exceptions, two Instituto Cervantes tests must be passed. The CCSE covers constitutional and sociocultural knowledge of Spain, and everyone takes it. The DELE A2 evidences your level of Spanish, and nationals of countries where Spanish is an official language are exempt.
Practical tip: these are scheduled exams with registration deadlines that close well in advance. Planning them before you have assembled every document saves months, because the certificate has a limited validity and you want to sit them neither too early nor at the very end.
From file to oath
- 01
Gather and legalise
Birth certificate from your country of origin, legalised or apostilled and translated by a sworn translator, criminal record certificates from your country and from Spain, padrón certificate and a valid residence card.
- 02
File
The application is submitted electronically to the Ministry of Justice. A complete, well-ordered file from the outset avoids requests that add months to a procedure that is already long.
- 03
Wait and respond
Additional documents may be requested during processing. The same rule applies as everywhere else in immigration: response deadlines are short and run from the notification.
- 04
Oath and Civil Registry
Once granted, you swear or promise loyalty to the King and obedience to the Constitution before the Civil Registry, and register the birth. Only then can you apply for a Spanish ID card and passport.
Updated
Frequently asked questions
Do I have to renounce my current nationality?
The general Civil Code rule requires renouncing your previous nationality, with the important exception of Latin American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, whose nationals do not have to. In practice the real effect of that renunciation also depends on the law of your country of origin, which is a separate question worth looking at on its own.
How long does a nationality file take?
The maximum legal decision period is one year from a complete filing, after which negative silence applies. In practice timescales vary considerably. What lengthens them most are requests for missing documents — precisely what can be avoided by preparing the folder properly from the start.
Do years on a student card count?
One of the most frequently asked questions, and the answer depends on the period and the rules applicable at the time, which have changed. It is worth reviewing with your actual cards in front of you before writing those years off or counting on them.
Can I apply for my children at the same time?
Minor children have their own route and their own requirements, which do not always match the parents’. In many cases their situation is more favourable than parents assume, particularly if they were born in Spain. It is worth looking at the whole family together rather than one at a time.