Author
There are several criteria foreseen by the law for obtaining the Spanish nationality:
- Spaniards of origin: applicants born from a Spanish national mother or father, or applicants born from foreign parents but who have at least one parent was born in Spain.
- Residence in Spain: which vary depending on the nationality and status of the applicant. These are:
- 5 years for refugees and 10 years for beneficiaries of subsidiary protection;
- 2 years for nationals of Spanish American countries, Andorra, Philippines, Guinea, Portugal or Sephardi;
- 1 year for applicants who were born in Spain and those who were under public guardianship for a period of 2 years, applicants married to Spanish nationals for at least 1 year, widows of Spanish nationals, and Spanish descendants.
- Possession: applicants of Spanish citizenship during 10 years continuously;
- Option: applicants who are or have been under Spanish custody (patria potestad) or with Spanish nationals or born parents.
The management of the naturalisation process is undertaken by the Directorate-General for Registers and Notaries. The procedure is exclusively administrative and Civil Registers participate in the final oath taken by the naturalised person.
The application is submitted through an online platform, a website which will allow starting the process immediately with the request of the necessary documents and the assignment of a registration number.
Another feature of the procedure of acquisition of Spanish nationality by residence is the replacement of the interview on integration with two examinations or tests to be carried out at the Headquarters of the Cervantes Institute. The first test assesses the knowledge of the Spanish language (except for countries that are already Spanish speaking). The second test is on knowledge of constitutional and socio-cultural aspects of the country (CCSE). This second test consists of 25 questions, 13 of which must be correct to pass the exam. Neither disabled persons nor children go through these tests. 5 calls are scheduled for the taking of the first test and 10 for the second.
Costs foreseen under the whole procedure include around 100 € tax for naturalisation, plus €85 for the constitutional and socio-cultural test and €130 for the language exam.[1]
The CCSE tests have been subject to several critiques due to the type of information that can be asked, as it seems not to be relevant to assessing the degree of integration of the applicant, and as many organisations and newspapers have pointed out that most of the Spanish population would not know to answer either.[2] The test consists in 25 questions on constitutional and socio-cultural knowledge of Spain, and participants have to respond correctly to at least 15 questions to pass the exam. In 2022, 129,296 persons registered to carry out such a test and 3,654 out of them did not pass the exam.[3]
According to available information, the situation appears to have improved recently, as the tests have been simplified, and a preparatory handbook is available for candidates.
The whole naturalisation process is known to be highly bureaucratic and lengthy. The average duration of the process reaches a minimum of 1.5 years. The Spanish Ombudsperson has informed that between 2020 and March 2021 there were 289,846 pending applications for nationality.[4] The Government launched a new plan for 2021,[5] which resulted in granting nationality for residence to 163,946 persons in 2021.[6] In 2022, a total of 122,236 persons were granted nationality, and there were 158,056 pending applications.[7] In 2023, a total of 218,237 applications for nationality were pending for a decision, while the persons who obtained the nationality through residence were 242,342.[8]
In a decision taken in May 2022, the Provincial Court of Guipúzcoa (País Vasco) recognised for the first time the Spanish nationality to a child born during her mother’s arrival to the Spanish coast. Due to the impossibility to obtain the nationality from Cameroon and Morocco, the child had restricted access to public municipal services and could not benefit from certain social benefits. The Court’s decision on granting the Spanish nationality is based on the best interest of the child, and on the necessity to avoid the negative consequences that statelessness condition would create for the minor.[9]
[1] Instituto Cervantes, ‘Exámenes’, available in Spanish at: https://bit.ly/3TiyWfN.
[3] El Periódico, ‘¿Te atreves con este test? 25 preguntas para obtener la nacionalidad española’, 12 September 2023, available in Spanish at: https://tinyurl.com/3vszrbmu.
[4] Defensor del Pueblo, ‘solicitantes de nacionalidad por residencia’, May 2021, available in Spanish at: https://bit.ly/3MKGdBn.
[5] Para Inmigrantes Info, ‘Justicia ya trabaja en un Plan de Choque de Nacionalidad para 2021’, 8 February 2021, available in Spanish at: https://bit.ly/3aqIL6w.
[6] Presidencia del Gobierno, ‘El plan de choque de nacionalidad 2021 resuelve más 160.000 expedientes de nacionalidad por residencia’, 14 December 2021, available in Spanish at: https://bit.ly/3IhKwjT.
[7] Ministerio de Justicia, ‘Datos estadísticos básicos de nacionalidad a 31/12/2022’, available in Spanish at: https://bit.ly/3mYgLzV.
[8] Ministerio de Justicia, ‘Datos estadísticos básicos de nacionalidad a 31/12/2023’, available in Spanish at: https://tinyurl.com/tj8wntrt.
[9] Audiencia Provincial de Guipúzcoa, Decision 341/2022, 2nd Section, 11 May 2022, available in Spanish at: https://bit.ly/3vPcsIw; Cadena Ser, ‘La Justicia reconoce por primera vez la nacionalidad española a una niña nacida en “el camino” hacia España’, 8 June 2022, available in Spanish at: https://bit.ly/3JHIsUH.