Obtaining Spanish nationality by residence requires examining the period of the applicant’s residence in Spain for the timeframes established by law.
GENERAL RULE
The general rule states that we may apply for Spanish nationality if we have been legally and continuously resident in Spain for the ten years immediately preceding the application.
EXCEPTIONS
This is the general rule, but there are exceptions in which the filing periods are shortened:
- Five years: for those who have been granted refugee status.
- Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or persons of Sephardic origin.
- One year:
– Those born in Spanish territory.
– Those who did not duly exercise their right to acquire Spanish nationality by option.
– Those who have been legally subject to the 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 that in which there is a decision by the public authority entrusted in each territory with the protection of minors, and foster care arrangements that are judicially recognised) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the application.
– Those who, at the time of the application, have been married to a Spanish citizen for one year and are not legally or de facto separated.
– The widower or widow of a Spanish citizen, if at the time of the spouse’s death they were not de facto or judicially separated.
– Those born outside Spain to a father or mother (also born outside Spain), or a grandfather or grandmother, provided that all of them were originally Spanish.
WHO CAN APPLY FOR/SUBMIT SPANISH NATIONALITY BY RESIDENCE?
- The applicant, on their own behalf, provided they are over 18 years of age or emancipated.
- A person over 14 years of age assisted by their legal representative.
- The legal representative of a minor under 14 years of age.
- A person whose legal capacity has been modified by a court, acting on their own, or that person’s legal representative, depending on what the incapacity judgment provides.
If you wish to apply for Spanish nationality by residence, please do not hesitate to contact us on 628 37 90 16.
Anna Nicolàs Torán
Lawyer, Nationality Department, Martinez & Caballero Abogados
