Basic Guide to Achieve Spanish Citizenship

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Obtaining Spanish citizenship is a process that opens the door to residing in Spain for those with a sufficient motive or connection. This guide provides an overview of the pathways to Spanish citizenship, including the conditions and necessary documentation.

Introduction to Residency in Spain

Residency in Spain can be temporary or permanent. Temporary residence allows for a stay of more than 90 days but less than five years, with the possibility of renewal. Permanent or long-term residence permits living and working in Spain indefinitely under the same conditions as Spaniards. After five years of continuous temporary residence, foreigners may be entitled to long-term residence.

Pathways to Spanish Citizenship

Spanish citizenship can be acquired after living in Spain for ten years, with certain exceptions allowing for earlier application. Key pathways include:

  • Nationality by Residence: Requires ten years of legal, continuous residence in Spain immediately prior to the application.

  • Nationality by Nature Letter: Granted at the discretion of the Government by Royal Decree, based on exceptional circumstances.

  • Spanish Nationality by Origin: Applicable to those born to a Spanish parent or those born in Spain under specific conditions.

  • Nationality by Possession of State: Granted to those who have possessed and used Spanish nationality for ten years continuously, in good faith, based on a title registered in the Civil Registry.

  • Nationality by Option: A benefit for foreigners under certain conditions, such as being subject to the parental authority of a Spaniard or having a Spanish parent born in Spain.

Permanent Residence vs. Spanish Citizenship

Permanent residence allows you to live in Spain while retaining your nationality and passport. As a permanent resident, you enjoy most benefits of Spanish citizens, provided certain conditions are met. However, acquiring Spanish citizenship requires giving up your original nationality and passport unless you qualify for an exemption. Spanish citizens gain EU citizenship, allowing freedom of movement throughout the EU and the right to vote in local and European elections.

Applying for Spanish Nationality

Applications for Spanish nationality can be made by individuals over 18 years of age, those aged 14 or older with legal assistance, or through a legal guardian for those under 14. The application process involves proving good citizenship, no criminal record, and a sufficient degree of integration into Spanish society, including language proficiency and knowledge of Spain's political, social, and cultural fields.

Exemptions to the 10-Year Standard

Certain individuals can apply for Spanish nationality earlier than the standard ten years, including refugees (after five years) and nationals of Spanish-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and those of Sephardic origin (after two years). The required period is only one year for individuals born in Spain, married to a Spaniard, or widowed from a Spaniard.

Application Fees and Procedures

Spain charges a non-refundable fee for processing citizenship applications. As of 2021, the fee was 103.02 € per application. After acquiring Spanish nationality, certain procedures must be completed at the Civil Registry, including swearing fidelity to the King and obedience to the Constitution and laws.

Double Nationality

Spanish law allows dual nationality under specific conditions, such as being from a Spanish-American country, Andorra, the Philippines, Equatorial Guinea, or Portugal. However, acquiring another nationality or using a former nationality for more than three years without declaring the intention to retain Spanish nationality can result in the loss of Spanish citizenship.

Prepared on the information from echeverriaabogados.com

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