Nationality Procedures

Nationality is the legal bond that unites the person with the state and has the double aspect of being a fundamental right and constituting the legal status of individuals. Due to this relationship, the individual enjoys rights that he can demand from the state organization to which he belongs and the latter, in return, can impose the fulfillment of a series of obligations and duties.

Spanish nationality is acquired, preserved and lost in accordance with the provisions of the law.

One of the ways to obtain nationality is by residence, which requires the person to reside in Spain for ten years legally, continuously and immediately prior to the request. There are cases where the required period of residence is reduced; these are:

Five years: for the granting of Spanish nationality to those who have obtained refugee status

Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin.

One year:

• Whoever was born in Spanish territory.
• The one who did not duly exercise his right to acquire Spanish nationality by option.
• The one who has been legally subject to guardianship (under the supervision of a guardian), custody 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 the protection of minors and foster care that are legally recognized) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the request.
• The one who, at the time of the request, has been married to a Spaniard for a year and is not legally or de facto separated.
• The widow or widower of Spanish or Spanish, if at the time of the death of the spouse they were not separated, in fact or judicially.
• Those born outside of Spain to a father or mother (also born outside of Spain), grandfather or grandmother, provided that all of them were originally Spanish.

In addition, the interested party must prove good civic conduct, and a sufficient degree of integration into Spanish society.

• The interested party, by himself, provided that he is over 18 years of age or is emancipated.
• Those over 14 years of age assisted by their legal representative.
• The legal representative of the minor under 14 years of age.
• The person with the capacity judicially modified by himself or the legal representative of said person, depending on what the incapacitation sentence indicates.

Documents that must accompany the application of adults in any case:

• Standard application form. In case of filing in electronic headquarters, it will be replaced by the online form.
• Foreigner Identity Card. Family Card of a citizen of the European Union or Certificate from the Central Registry of Foreigners or the Union Citizen Registry.
• Passport Number complete and valid from the country of origin.
• Birth Certificate of the interested party, duly translated and legalized.
• Criminal record certificate from your country of origin, translated and legalized, in accordance with existing international agreements or consular certificate of conduct issued on the basis of consultation with the competent authorities of the country of origin
• Marriage certificate if the applicant is married.
• Proof of payment of the fee
• Criminal record certificate from the Central Registry of convicts. It can be replaced by the authorization to consult the Ministry of Justice consigned in the application model
• Certificate of registration. It can be replaced by the authorization to consult the Ministry of Justice consigned in the application model
• Cervantes Institute Diplomas the constitutional and sociocultural knowledge test (CCSE) and the Spanish language knowledge test (DELE). It can be replaced by the authorization to consult the Ministry of Justice consigned in the application form. In the case of nationals of a country in which Spanish is the official language, exempt from taking the DELE exam in accordance with the Nationality by Residence Regulations, a valid passport or nationality certificate proving the exemption. Likewise, knowledge of the Spanish language may be accredited by providing the official certificates of the teaching of Spanish as a foreign language, the Aptitude certificates and the Elementary Cycle Academic Certificates, issued by the Ministry of Education, Culture and Sports, Competent Councils of the Autonomous Communities, or Official Language Schools, in accordance with current legislation.

Documents that must accompany the application of minors or people with judicially modified capacity, in any case:

Minors under 14 years of age or persons with judicially modified capacity who must act through a legal representative: 

• Standard application form signed by both parents or legal representatives or by a single parent in the case of single-parent families. A single parent may also sign if a court ruling is provided proving the loss of parental authority of the other parent or in the case of the absence of one of the two parents, providing a notarial certificate of authorization:

When the interested party is a person with judicially modified capacity, the request will be formulated by the legal representative or representatives resulting from the incapacitation sentence.​

When there is no agreement between the parents, testimony of the resolution issued in the voluntary jurisdiction file resulting in the authorization to request Spanish nationality on behalf of the minor must be provided to the file.

In case of presentation in electronic headquarters, the standardized application model must be attached with the same requirements mentioned in the previous section.

• Birth certificate from the country of origin duly legalized and translated, where appropriate, in accordance with International Agreements.
• full passport or identification document in the case of nationals of member countries of the European Union.
• Proof of payment of the fee.
• Identification document of the legal representatives: DNIE, NIE or passport.
• Certificate of training center, residence, reception, attention or special education that certifies the sufficient degree of integration, mandatory in the case of school-age children.

Over 14 years of age but under 18 years of age, not emancipated or with judicially modified capacity, who can act on their own, assisted by their legal representative

• Standard application form. The paper application must be signed by both the interested party and their legal representatives. In the presentation in electronic headquarters, the digital signature of one of them will suffice, but attaching a scanned model of the paper application signed by all.
• Birth certificate from the country of origin duly legalized and translated, where appropriate, in accordance with International Agreements.
• full passport identification document in the case of nationals of member countries of the European Union.
• Proof of payment of the fee.
• Certificate of training center, residence or reception that certifies the sufficient degree of integration. This certificate will be mandatory for applicants who are minors of school age and provided that the minor or the person with judicially modified capacity is registered in one of these centers.
• Document proving legal representation (Judicial order where the representation or identification document of the parents is established in the case of minors subject to parental authority)

Additional documents that must be provided in specific cases

Refugees.

• Identity card for foreigners stating their refugee status.
• Blue Passport of the Geneva Convention of 1951 (if you have it).
• Certificate from the Asylum and Refuge Office of the Ministry of the Interior (this certificate will be valid for six months from the date of issue) stating:

1. Name and surname.
2. Date and place of birth.
3. Parent names.
4. That he maintains his refugee status.

Born in Spanish territory.

• Literal birth certificate of the interested party registered in the Spanish Civil Registry
• Those who have not timely exercised the power to opt.
• Birth certificate of the Spanish father/mother.
• Literal birth certificate of the interested party registered in a Spanish Civil Registry or judicial resolution stating the adoption by Spanish or the acknowledgment of parentage.

Persons under guardianship, guardianship or non-provisional foster care.

In foster care cases:

• Order of the competent Court by which the person who is going to exercise guardianship, guardianship or foster care is designated.

In cases of foster care by a Spanish Institution:

• Resolution of said Institution assuming guardianship, guardianship or foster care.

Married to Spanish.

• Literal birth certificate of the Spanish spouse, issued by the Spanish Civil Registry.
• Literal marriage certificate issued by the Spanish Civil Registry.
• Certificate of Coexistence or Joint Registration with the spouse.

Widower of Spanish.

• Literal birth certificate of the spouse issued by the Spanish Civil Registry.
• Literal marriage certificate issued by the updated Spanish Civil Registry, that is, issued on dates close to the application for nationality.
• Spouse's death certificate.
• Certificate of joint registration or coexistence on the date of death of the spouse.

descendant of spanish

• Literal birth certificate of the Spanish father/mother.
• Literal birth certificate grandparent/grandmother, only when one of them, or both, are of Spanish descent. In this case, the birth certificate of the father/mother of Spanish descent must also be submitted, whether or not he/she was Spanish.

Sephardim

• Documentation proving Sephardic status in accordance with the provisions of article 1.2 of Law 12/2015, of June 24, regarding the granting of Spanish nationality to Sephardic Jews from Spain.