Based on the Civil Code and the procedure in force (Spanish Official Gazette and Ministry of Justice). Sources at the end. The official texts are in Spanish.

In short: citizenship by residence is requested online from the Ministry of Justice once you have lived in Spain legally and continuously for 10 years. It is 2 years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal and for Sephardic Jews, and 1 year if you have been married to a Spanish citizen for a year. You must pass a Spanish test (DELE A2, with exemptions) and a culture test (CCSE), pay the fee and, once it is granted, swear or promise to obey the Constitution. The legal time limit to decide is one year.

How many years you need

  • 10 years: the general rule for most nationalities.
  • 5 years: people with refugee status.
  • 2 years: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and Sephardic Jews.
  • 1 year, among other cases: being born in Spain, or being married to a Spanish citizen for a year (and not separated).

The residence must be legal, continuous and immediately before the application. Time with a valid residence permit counts, including one obtained through arraigo. Time spent without papers does not, and very long absences can put the continuity in doubt. We can tell you in a call whether you already qualify.

Requirements and exams

  • Good civic conduct and enough integration. The Ministry of Justice checks it with a report from the Ministry of the Interior and with the exams. A criminal record, or an open proceeding, can count against you.
  • DELE A2 (basic Spanish). You are exempt if you already hold a DELE A2 or higher, or if you are a national of one of the Spanish-speaking countries listed in the regulations.
  • CCSE (constitutional and sociocultural knowledge). Everyone takes it, including Spanish speakers; the exam costs €85. Both exams are run by the Instituto Cervantes.
  • Renouncing your previous nationality, except for Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and Sephardic people of Spanish origin.

If you have a criminal record, speak to us before you apply: it may be better to clear it first.

Step by step

  1. Check your years and that your residence permit is valid and renewed.
  2. Gather the certificates from your country (birth and criminal record), apostilled or legalised and translated into Spanish.
  3. Pass the DELE A2 and the CCSE at the Instituto Cervantes, or show your exemption.
  4. Pay the fee (model 790, code 026). The Ministry of Justice currently lists €104.05, which can change.
  5. File online on the Ministry of Justice website, with Cl@ve or a digital certificate. A lawyer can file for you.
  6. Answer any request for missing documents on time, or the file is closed.
  7. Swear or promise before the Civil Registry within 180 days of the notification. It is registered within five days and you are Spanish.

How long it takes

The legal time limit is one year from when the application reaches the Ministry. After that, the law treats it as refused by silence, although in practice the file can continue and be resolved later, so it is worth having a lawyer review it before you decide whether to wait or appeal. A refusal can be appealed, normally within one month (administrative appeal) or two months (court appeal) of the notification.

Mistakes to avoid

  • Certificates not apostilled, not translated or out of date: the most common cause of delay.
  • Thinking Spanish speakers take no exam: the CCSE is for everyone.
  • Letting your residence card expire while the file is processed.
  • Applying without checking your records.
  • Missing a request or the 180 days to swear: the file is closed or the grant loses effect.

How we help

We work out which period applies to you, review your certificates and records, prepare the application and file it online in your name, answer requests and follow the file until the oath. If it is refused or a year passes with no reply, we assess the appeal. We help you in English and Spanish, at our office in the centre of Bilbao (calle Colón de Larreátegui, 15), or by video call and phone from anywhere. Ask for a free first call.

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Sources