Immigration · Spanish nationality
Nationality by residence requires lawful, continuous residence immediately before the application, good civic conduct and integration. Completing the qualifying years does not guarantee approval. A favourable decision still requires further steps before nationality is acquired.
Grupo Avanza Consultores, based in Paterna (Valencia), reviews your residence history, dates and documents. We can start remotely and reply in writing in English. Before accepting the work, we agree its scope, the permitted representation and any steps requiring your presence.
This guide covers nationality by residence under the Spanish Civil Code, rather than acquisition by option, carta de naturaleza or other routes. An NIE, a TIE, long-term residence or marriage to a Spanish citizen does not itself mean you have acquired Spanish nationality. We check the appropriate route and documents before agreeing the work.
The general rule is ten years. Five-, two- and one-year periods apply in specific circumstances. Residence must always be lawful, continuous and immediately before the application.
Civil Code, Article 22. The shorter period must be supported by evidence.
Good civic conduct and integration must be demonstrated. DELE and CCSE have rules on evidence, exemptions and dispensations. Passing the tests does not replace the other requirements.
Civil Code, Article 22(4); Order JUS/1625/2016, Article 10.
Approval alone does not complete acquisition. You must check the notification, complete the applicable formalities and request registration. Registration is constitutive of acquisition.
Civil Code, Articles 21(4) and 23; Law 20/2011, Article 68.
The general qualifying period is ten years of residence. It is five for people who have obtained refugee status; this must not be extended to every form of protection. Two years apply to nationals by origin of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, or to Sephardic Jews. A second passport alone does not establish nationality by origin for this rule.
Article 22(2) allows a one-year residence period for someone born in Spanish territory; someone who did not exercise the right to opt in time; and someone legally subject for two consecutive years to guardianship, curatorship with full representative powers, custody or foster care by a Spanish citizen or institution, even if that situation continues when they apply.
One year also applies to someone who, when applying, has been married to a Spanish citizen for one year and is not legally or factually separated; the widow or widower of a Spanish citizen if they were not legally or factually separated when the spouse died; and someone born outside Spain whose father, mother, grandfather or grandmother was originally Spanish. Evidence is required for each case. Marriage alone neither grants nationality nor removes the residence requirement. Article 22(3) also contains a specific rule for a spouse living with a Spanish diplomatic or consular official accredited abroad.
In all these cases residence must be lawful, continuous and immediately before the application. Authorisations, dates and absences are reviewed together with the reasons and evidence. Long-term residence absence rules must not be carried over to nationality, and no universal number of days abroad should be applied without assessing the case.
A study stay (estancia por estudios) does not, by itself, amount to the residence required for nationality. This distinction follows from Civil Code Article 22(3) and Organic Law 4/2000 Articles 30 bis and 33. Being a student does not exclude someone who actually holds a different residence authorisation: the real immigration status must be checked. Partial counting of some study periods for EU long-term residence does not carry over to nationality.
Civil Code · Article 22 · Organic Law 4/2000 · Articles 30 bis and 33
Alongside the residence period, good civic conduct and sufficient integration into Spanish society must be demonstrated. Criminal records or other issues require examination of their substance and circumstances; a label alone does not establish whether an application will succeed or fail. Passing a test does not, by itself, establish every requirement either.
The general evidence requirements include DELE at A2 level or higher and CCSE, subject to applicable exemptions, equivalent qualifications and dispensations. Nationality-based exemption from DELE must be checked against Article 10(2) of the Order. For that purpose, a second nationality listed in the provision can be evidenced; it does not itself exempt someone from CCSE or give them a shorter qualifying residence period.
People with disabilities may need support and reasonable adjustments for tests and the procedure. Disability does not automatically grant a dispensation. People who cannot read or write, or have learning difficulties, may apply for a dispensation and provide evidence for an individual assessment.
Where a prior dispensation is needed, the nationality application must wait until the dispensation application has been resolved expressly or by administrative silence. The dispensation procedure has its own six-month maximum and negative administrative silence: silence does not grant a dispensation. The Order allows people who attended school in Spain and passed Spanish compulsory secondary education (ESO) to apply for nationality without a prior dispensation application, supplying the relevant evidence. Holding a diploma does not by itself establish this exception, which must not be extended to a recognised foreign qualification without checking its legal basis.
Applicants under eighteen are exempt from these tests, but integration must still be evidenced in the way appropriate to their age and circumstances. Certificates from schools or other centres specified in the rules may be needed. Test dates, particular adjustments and the validity of each qualification are checked before taking action.
Civil Code · Article 22(4) · Order JUS/1625/2016 · Article 10
We assess identity, residence history and absences, any grounds for a shorter period, criminal records and evidence of integration tests, exemptions or dispensations. Each document’s validity and need for translation, legalisation or an apostille depend on its origin and use. The required evidence is determined after reviewing the case.
Authority to represent must be established for the act entrusted to us and cannot replace required personal acts. We distinguish a saved draft from a filed application and monitor notifications when follow-up forms part of the engagement.
For children, age, agreement between legal representatives and family circumstances matter. A legal representative acts for a child under fourteen; agreement between representatives no longer requires the prior Civil Registry authorisation required before the reform, while disagreement requires the prescribed voluntary-jurisdiction proceedings. Older children act with assistance. People with disabilities receive the support and procedural adjustments they need, without automatically applying outdated incapacity rules. Children under fourteen do not take an oath or promise or renounce another nationality, and their representative cannot perform these strictly personal acts for them.
Civil Code · Article 21(3) · Royal Decree 1004/2015 · Article 5 · Order JUS/1625/2016 · Annex · Justice Ministry · Nationality portal · Justice Ministry · Note of 3 September 2021
The statutory one-year maximum under Article 11(3) of Royal Decree 1004/2015 runs from receipt by the Directorate-General named in that provision. It is not the actual processing time and does not begin when a draft is saved. We assess the calculation and any suspensions. Administrative silence is negative; it does not grant nationality.
Approval opens a 180-day period from the day after notification for the required declarations and request for registration. The oath or promise and renunciation, where applicable, are personal acts; requesting an appointment cannot be assumed to suspend the period. Renunciation has legal exceptions, and the other country’s law may matter, so we cannot promise automatic retention or loss of another nationality.
Registration of acquisition in the Spanish Civil Registry is constitutive. The duty to appear, make declarations and request registration within the period does not mean the Registry must physically complete the entry within those 180 days. We check notices and registry evidence before assessing the file’s status.
Royal Decree 1004/2015 · Article 11(3) · Royal Decree 1004/2015 · Article 12(1), part not annulled · Civil Code · Articles 21(4) and 23 · Law 20/2011 · Article 68 · Justice Ministry · Instruction of 22 December 2021
We identify nationality, acquisition route, authorisations, absences and any shorter qualifying period. If you have a notification, its date and contents come first.
We check originals, integration evidence and any need for a dispensation, representation or support. We identify missing documents and steps.
We agree scope and fees before accepting the work. We establish who can carry out each step and where your involvement is required. Approval and appointments depend on the competent authorities.
General guidance. Individual eligibility and dates can only be established from the documents in each case.
The general rule is ten years. Five apply to people granted refugee status; two to the nationality-by-origin or Sephardic cases in Article 22(1); and one to the specific cases in Article 22(2). Lawful, continuous residence immediately before the application is always required. The marriage route also requires one year of marriage to a Spanish citizen when applying, with no legal or factual separation; it does not remove the residence requirement.
A study stay alone is not the lawful residence required. The actual immigration status must be checked: a student may hold a different residence authorisation. Partial counting for EU long-term residence does not automatically apply to nationality.
Dates, duration, reasons, evidence of absences and the residence history must be assessed. We do not give a universal day limit or carry long-term residence limits over to nationality. Residence must be continuous and immediately before the application.
Regulated exemptions, equivalent qualifications and dispensations exist. DELE exemption alone does not exempt someone from CCSE. Disability may require support and adjustments without an automatic dispensation. The ESO provision requires school attendance in Spain and completion of ESO, with evidence. If a prior dispensation is needed, administrative silence does not grant it.
Yes, subject to the requirements and representation rules. Under-eighteens are exempt from the tests but must evidence integration through the applicable means. A child under fourteen acts through their legal representative; disagreement between representatives requires the prescribed voluntary-jurisdiction proceedings.
Documents depend on identity, residence, age, origin and the grounds relied on, including applicable evidence. Validity, translation and legalisation are checked where required. Authority must be established for the particular step, and representation does not replace required personal acts.
The rule sets a maximum of one year to decide and notify from entry at the Directorate-General it names; it does not guarantee actual processing time. The calculation and any suspensions must be checked. Administrative silence is negative, not a grant of nationality.
Approval does not complete acquisition. A 180-day period from the day after notification applies to the required declarations and request for registration, with personal acts and exceptions to renunciation requiring individual assessment. Civil Registry registration is constitutive; we review the notice and registry position in each case.
General information based on official sources consulted on 21 October 2026: Civil Code, Articles 21–24; Royal Decree 1004/2015, Articles 5, 6, 11 and 12; Order JUS/1625/2016, Article 10 and Annex; Organic Law 4/2000, Articles 30 bis and 33; Law 20/2011, Article 68. The partial annulment of Article 12(1) by the Supreme Court judgment of 15 July 2024, published in BOE on 10 September 2024, is taken into account. Current rules and original case documents are checked before acting. This guide does not confirm individual eligibility. Linked sources are in Spanish.
Tell us your nationality, current authorisation, residence history and whether you have received a notification. We reply in writing in English by WhatsApp or email. We can start remotely; meetings in Paterna (Valencia) are by appointment. Scope and fees are agreed before we accept the work.
