Dispensation to take the CCSE exam to obtain Spanish nationality

Waiver to obtain Spanish nationality

There have been many doubts regarding the new procedure to obtain Spanish Nationality, and specifically, many of our clients come to our office to ask us about the tests that must be done in order to apply for it, and therefore, prove social roots in Spain.

These tests have gone through different phases. At first, no type of control was carried out, much less a test was carried out, so that people who wanted to obtain Spanish Nationality only had to prove the requirements demanded by the Law.

Subsequently, and after a legal vacuum, a small test was carried out before the official to whom you delivered the documentation in the Civil Registry. This evolution had major problems, since the questions that the official asked were not homogeneous, but could vary from one person to another, which gave rise to total inequality, due to the complexity or ease of the questions.

It was not until 2015 that a precise and exact regulation of the necessary tests to be able to apply for Spanish Nationality was made, and for this reason the best known as Royal Decree 1004/2015, of November 6, was born, by which approves the Regulation that regulates the procedure for the acquisition of Spanish Nationality by Residence.

As a general rule, it was established that all people who want to apply for Spanish nationality by residence must take two tests: The constitutional and sociocultural knowledge test (CCSE) and the Spanish language knowledge test (DELE). Nationals of a country in which Spanish is the official language will be exempt from taking this second test.

Are there any exceptions for not taking the CCSE test?

Order JUS/1625/2016, of September 30, on the processing of procedures for granting Spanish Nationality by residence, which came to light on October 12, 2016, responds to this. And in its article 10.5 and 6, four exceptions to the CCSE exam were limited.

  • People who cannot read or write.
  • People who have learning difficulties
  • Those who have been educated in Spain and have passed ESO
  • Minors under 18 years of age and people with judicially modified capacity.

To date, the body in charge of resolving applications for Spanish nationality, the General Directorate of Registry and Notaries, has not put into practice the waiver or waiver form, in order to request it, it is waiting for it to be the Ministry of Justice who carries out said publication.

As a novelty, what the Ministry of Justice is allowing, that those people who have completed their studies of ESO, FP, Bachelor or University Studies in Spain, simply providing the title that accredits the overcoming of these.
Diana Caballero Aguirre.
Founding Partner Martínez Caballero Abogados.