Spanish citizenship by residency: requirements, timelines and exams

Citizenship by residency is the route to Spanish nationality in which you prove that you have lived in Spain legally, continuously and immediately before the application, for the period the law requires in your case. It is governed by the Código Civil (the Spanish Civil Code), articles 21 to 23, and by Real Decreto 1004/2015.

Any foreign national of legal age (or emancipated) who is legally resident in Spain and meets the residence period for their situation can apply. Children under 14 and people whose legal capacity has been modified by a court apply through their legal representative, with prior authorisation from the registrar of the Registro Civil (the Spanish Civil Registry).

Having lived in Spain for many years is not enough on its own: the residence must be legal, with a valid residence card or TIE (the Spanish foreigner identity card) throughout the whole period. Managora checks your residence history and confirms which period applies to you before anything is started.

The general period is 10 years of legal and continuous residence. The law shortens it in several situations: 5 years for anyone with recognised refugee status, and 2 years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and for Sephardic Jews of Spanish origin.

The period drops to 1 year in situations such as having been born in Spanish territory, having been married to a Spanish national for 1 year (with no legal or de facto separation), being the widow or widower of a Spanish national with no separation at the time of death, having been born outside Spain to a father, mother, grandfather or grandmother who were originally Spanish, or having been under the guardianship, care or fostering of a Spanish citizen or institution for 2 years.

The residence must be continuous: long absences from Spain can interrupt it. Managora reviews your periods of residence and your absences so that the application is not refused on that ground.

On top of the residence period, the law requires you to prove good civic conduct and a sufficient degree of integration into Spanish society.

Good civic conduct is assessed using the criminal record certificates from Spain and from your country of origin (and from any country where you have lived). A criminal record does not always prevent you from obtaining citizenship, but it must be spent or justified; each case is looked at individually.

Integration is proved, as a general rule, by passing two Instituto Cervantes tests: the CCSE exam (constitutional and sociocultural knowledge of Spain), which is compulsory for everyone, and the DELE exam at level A2 or above, from which nationals of countries where Spanish is an official language are exempt. Minors and people whose legal capacity has been modified by a court are exempt from the tests and prove integration by other means.

The application is filed with personal documents and with documents from your country of origin, properly legalised. Spanish documents (empadronamiento, registration on the padrón or town hall register of residents, and the residence card) are obtained here; foreign ones must arrive apostilled (Hague Convention) or legalised through consular channels, and translated into Spanish by a sworn translator when they are in another language.

The usual documents are: birth certificate from your country of origin (apostilled or legalised and translated), criminal record certificates from Spain and from your country of origin (apostilled and translated), a full valid passport, a valid residence card or TIE, a certificado de empadronamiento (proof of registration on the local padrón), certificates showing you have passed the CCSE and the DELE A2 (or the exemption) and proof of payment of the tasa (official fee) 790 026.

In the special situations, specific documents are added: for example, a marriage certificate and the birth certificate of the Spanish spouse if you apply on the basis of marriage. Managora gives you the exact list for your case, handles the apostille and the sworn translation, and puts the complete file together.

The application is filed online with the Ministerio de Justicia (the Spanish Ministry of Justice), through its electronic office, using a digital certificate or Cl@ve (the Spanish public administration's online identification system) and the AutoFirma signing app. Once the application has been created, you have a set period to complete it and attach all the scanned documents; when you submit it, the system issues a receipt with a file number so you can follow it up.

The Ministry (Dirección General de Seguridad Jurídica y Fe Pública) has a maximum of 1 year to decide, counted from the moment the complete file is received. If that year passes with no express decision, the application is deemed refused by negative administrative silence, which opens the way to an appeal.

In practice, timings vary with the workload and, above all, with how well put together the file is: an incomplete file leads to requests for further information and delays. Managora files the application for you, follows it up in the electronic office and responds to any requests that arrive.

The grant does not automatically make you Spanish. From the notification of the grant, you have a non-extendable period of 180 calendar days to complete three acts: swear or promise loyalty to the King and obedience to the Constitution and the laws, renounce your previous nationality (where applicable) and register the acquisition at the Registro Civil.

The oath or promise can be made before a notario (a Spanish notary, a public officer) or before the registrar of the Registro Civil. Renouncing the previous nationality is not required of nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, nor of Sephardic Jews, who keep their nationality of origin.

If you do not complete the oath and the registration within the 180 days, the grant lapses and the procedure would have to be started again. Managora warns you of the deadlines, arranges the oath appointment and handles the registration so that you do not lose the grant or have to start over.