Naturalisation

Spain

Country Report: Naturalisation Last updated: 30/11/20

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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 Sefardies;
    • 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.

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.[1]

Costs foreseen under the whole procedure include 100 € tax for naturalisation, plus €80 and €120 for taking the first and second exam.

The whole naturalisation process is known to be quite tedious, and overall very long. The average duration of the process reaches a minimum of 1.5 years. Despite the recent measures taken by the government, the system still faces serious backlogs, with 400,000 applications still left to be assessed as of June 2018, only just 5 officers in charge of dealing with them.[2] In November 2018, the Ministry of Justice announced a plan with measures to resolve the backlog of around 360,000 of pending applications, including through the possibility of contracting about 100 professionals.[3]


[1] See the following articles for reference: https://goo.gl/mBWbj6, https://goo.gl/EhDh9R, https://goo.gl/VLyFXz.

[2] El Confidencial, ‘El gran atasco de la nacionalidad española: 5 funcionarios para 400.000 expedientes’, 2 June 2018, available in Spanish at: https://bit.ly/2FyaiER.

[3]  El Confidencial, ‘Plan de choque del Gobierno para conceder la nacionalidad a más de 300.000 personas’, 3 November 2018, available in Spanish at: https://bit.ly/2zoEs7U.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation