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How to apply for spanish nationality?

Obtaining Spanish nationality implies recognition of the link that the person has with Spain, whether by descent, birth, residence… which gives you a series of rights and duties. The main advantage is the right to reside in Spain as well as the countries of the European Union. From Foreigners Aema we advise you on how to obtain Spanish nationality according to your personal circumstances.

Application for spanish nationality requirements

As the Spanish Civil Code indicates, any application for Spanish nationality has common requirements regardless of the different types of procedures. First. In all cases, knowledge of the Spanish language and culture must be accredited, for which the nationality test must be passed, which includes the CCSE exam to demonstrate knowledge of the Spanish Constitution and social and cultural reality.

For those applicants who have completed secondary education in Spain or approved centers with the Spanish educational system, it will not be necessary to take the CCSE Exam. In cases where the applicant is not from a Spanish-speaking country, it is necessary to take a level A2 Spanish exam. Both exams are held at the Instituto Cervantes and from Extranjeros Aema we help you register and pay the fees .

It is important to mention that the acquisition of Spanish nationality may entail the prior renunciation of the previous nationality, except in the case of former colonies and Brazil and Portugal. The act will always be registered in the Civil Registry, and the birth or marriage certificate must be modified according to the procedure to be followed. Finally, the swearing-in of Spanish nationality will be carried out, for which we will manage your appointment.

Nationality by spanish residence

In the case of the application for Spanish nationality by residence, the civil code indicates as a general rule 10 years of residence. It is essential that the residence be legal and continuous. If not, it is one of the most common causes of denial. However, depending on the applicant’s nationality, the deadlines vary. In other words, for the case of Andorran, Equatorial Guinean, Filipino, Latin American, Portuguese and Sephardic residents, the general term is reduced to just 2 years.

The term for Spanish nationality for refugees is 5 years. In the case of stateless minors, the formula of the simple presumption that automatically grants Spanish nationality operates. In addition, Spanish nationality is acquired by the child born in Spain after one year of residence. This period is the same for Spanish nationality by marriage. The application for the Spanish widow is also valid.

Spanish nationality record by option

You can open your file and apply for Spanish nationality by option in the event of being the son or daughter of a Spaniard. This is valid both in the case of adoption, in which case your right expires at 20 years, and by biological father or mother ( ius sanguinis), after 21 years. Therefore, this option is the opposite of the so-calledius soli, which occurs mostly in America, which grants nationality by virtue of being born in the country.

In this case, age is very important, as there is a model of Spanish nationality by option for those over 18 years of age and another for minors. In cases of minority of Age there are two ways. Minors under 14 years of age must be assisted by their parents or legal guardians who complete the nationality form on their behalf by option. In nationality by option for people over 14 years of age, the data sheet for Spanish nationality by option is filled out on their behalf.

A different assumption, but related to descent, is for being the grandson of Spaniards who after a year of legal residence in Spain can apply for nationality. A common question is whether it is possible to acquire nationality for grandchildren of Spaniards in Argentina, Cuba, Mexico, Venezuela… who had to flee due to the Civil War and the Dictatorship and who were forced to renounce their nationality. Currently in 2021, the Law on Grandchildren is still pending approval similar to the previous Law on Historical Memory, from Foreigners Aema we will keep you informed.