Spanish nationality by residence

This is without doubt the naturalisation procedure used by most foreign nationals. This route requires that the applicant be resident in Spain for the length of time and under the legal conditions provided for. In other words, it is founded on a physical link.

This type of naturalisation is regulated and subject to a specific and very detailed administrative procedure in the course of which the three requirements or conditions that the applicant must prove are verified:

• Continuous legal residency immediately prior to the application. The length of time the person concerned is required to be resident varies depending on their nationality or personal circumstances. Only residency permits or authorisations provided for under immigration legislation are valid for the residency to be legal for the purposes of evaluation with a view to acquisition of nationality.

• Good civic behaviour. This is evidenced by a criminal record certificate from the country of origin and reports issued by the relevant Spanish authorities.

• Integration in Spanish society. Currently, proof of integration is highly objective since the applicant must pass the tests set by the Instituto Cervantes. The tests check the applicant’s knowledge and fluency of the Spanish language and constitutional and sociocultural knowledge of Spain. Note that nationals of Latin American countries are exempt from proving the language requirement.

The legal residency periods are as follows:

• 10 years: general period

• 5 years: for granting Spanish nationality to persons who have obtained refugee status

• 2 years: for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or persons of Sephardic origin

• 1 year: a) persons born in Spanish territory, b) persons who have not duly exercised their right to acquire Spanish nationality by option, c) persons who have been legally placed in the custody, guardianship or foster care of a Spanish citizen or institution for 2 consecutive years, including those still in this situation at the time of application, d) persons who, at the time of application, have been married to a Spanish national for 1 year, with no legal or de facto separation, e) the widow(er) of a Spanish national if, at the time of death of the spouse, there is no legal or de facto separation, f) persons born outside Spain to a father or mother, or grandparent, provided all were originally Spanish.