Obtaining Spanish citizenship upon the birth of a child, marriage, option (settlement), for investment and purchase of real estate.
Spanish citizenship is a status that allows you to permanently reside in the territory of this country, work and conduct business in a highly developed and stable state. A Spanish citizen can travel without visas to the countries of the Schengen zone and the European Union, live and work in them, and be serviced by European banks on favorable terms, as he is considered an EU citizen .
A Spanish passport is a document that confirms a person’s nationality and grants the right to enjoy all the privileges of a citizen. The Spanish passport ranks third in the world rankings, providing the opportunity to visit 144 countries without a visa or through a simplified registration procedure. Spanish law provides for an extensive list of options for obtaining a passport, including investment programs and naturalization. In this article we will tell you how to obtain Spanish citizenship and consider all the reasons for this.
Rights and responsibilities of Spanish citizens
All rights, freedoms and obligations of Spanish subjects are regulated by the Constitution of the country, namely the second chapter of the first section. The legislation provides for the following rights of Spanish citizens:
- free visit to EU countries, employment and residence in them;
- participation in the electoral process both as a voter and as a candidate;
- priority employment and free business in Spain;
- medical care, social benefits;
- work in public services;
- free general education;
- inviolability of home and privacy of family life;
- equality of men and women in employment and marriage.
Also, Spanish nationals have a number of responsibilities:
- military service;
- payment of taxes;
- obligation to work to support one’s family.
How to obtain a Spanish citizen passport?
The most common way to acquire nacionalidad española is to live in the country for a long time for 10 years. The following steps are implied:
- obtaining an entry visa;
- request for a residence permit;
- after 5 years – submitting documents for permanent residence;
- after another 5 years – request for a Spanish passport.
More detailed information about the procedure for obtaining a visa, residence permit and permanent residence can be found in our other articles.
In this case, a residence permit can be issued on several grounds:
- education;
- employment;
- opening a business;
- investments.
However, long-term residence is not the only way to become a Spanish citizen. Moreover, all citizens have the same rights, regardless of the chosen path to the passport. There are additional grounds for obtaining citizenship:
- by origin;
- naturalization;
- option (adoption);
- by decision of the country’s authorities;
- marriage;
- refugee;
- return program for Sephardic Jews.
Next, we will take a closer look at the options for obtaining citizenship.
Job
Concluding an employment contract with a Spanish employer is the right path to a residence permit and subsequent stages. The downside is unemployment in the country – finding a high-paying job is quite difficult, and besides, citizens of Spain and the EU have priority. You can read more about labor migration to Spain here .
Business
This method does not give you the right to immediately obtain a Spanish passport, but in this way you can speed up the procedure for issuing a residence permit – only 1-2 months instead of 3-4. The minimum investment in your business is 1 million euros. At the same time, the foreigner is obliged to create new jobs for Spanish citizens and draw up a business plan that will be significant for the country. You can find out more about the conditions for business immigration in our other article .
Education
An educational residence permit is issued to everyone who was enrolled in a Spanish school or university. If, for example, a student did not find a job after graduation but went to his homeland, his period of study will not be counted towards the 10-year period. You can read more in the article about education in Spain .
Investments
This immigration option also makes it possible to quickly obtain a residence permit. You are then allowed to apply for citizenship after 10 years. To participate in this program, you must meet one of the established requirements. The minimum investment amount is 500 thousand euros. This money can be used to purchase real estate, develop a business, or open a deposit account. The investor’s entire family can take part in the immigration process, and no language testing is carried out.
Origin
Of course, all children of Spanish citizens automatically receive the same citizenship. In this case, it is not necessary for both parents to have a Spanish passport; it is enough that one of them is a citizen. According to Articles 17 and 20 of the Civil Code, this option also implies the following points:
- parents (or at least one of them) were born in the territory of this country;
- parents have lived in Spain for at least 1 year with a residence permit;
- the mother or father, grandmother or grandfather have Spanish citizenship by origin, and the applicant himself has lived in the country for at least a year on the basis of a residence permit;
- the child was found in Spain, but its origin has not been established.
This method is good because you only need to live in the country for 1 year. The downside is that children of diplomats and employees of Spanish missions cannot use it.
Naturalization
This concept in Spain differs from naturalization in other countries. There are no clear requirements for the applicant. According to Article 21 of the Spanish Civil Code , any foreigner who considers himself worthy of it can apply for citizenship by naturalization. This applies to prominent figures in the field of sports, science, culture, etc. Obtaining a Spanish passport in this case is not guaranteed – each application is considered individually, taking into account the history and achievements of the candidate.
Option (adoption)
Articles 19 and 20 of the Civil Code state that persons who have been taken into custody or adopted by citizens of this country can claim Spanish citizenship. If the adopted child has already reached the age of majority, then at the time of filing the application he must have been under guardianship for at least two years. He himself must live in Spain for at least a year.
State decision
According to Article 18 of the Civil Code of Spain , a person residing in the country and considering himself a citizen can legally acquire this status. In this case, the immigrant must be law-abiding and fulfill all civic duties, as well as be registered with the registry office and reside in Spain for at least 10 years.
Marriage
You can obtain citizenship after a year of residence in the country by marrying a Spanish resident. The union can be legalized both in Spain and in any other country. The marriage must be valid at the time of application for the passport. An authorized employee will check the union for authenticity. Widows and widowers of Spaniards also have the right to citizenship if the couple lived in marriage for a year in Spain and then the citizen died.
Refugee
According to the Geneva Convention, Spain is obliged to provide asylum to all those in need. To do this, the foreigner must prove the existence of a threat due to which he cannot return home. In addition to assistance with housing and employment, refugees have the opportunity to obtain Spanish citizenship after 5 years of living in the country. However, they do not need to pass a test on knowledge of language, culture and law.
Sephardic Jews
Sephardim were a group of Jews living on the Iberian Peninsula who were expelled from Spain in late 1492. In 1982, a special law was passed regarding the return of Sephardic descendants to Spain, and in 2012 the conditions were simplified. Thus, descendants of expelled Jews have the right to receive a Spanish passport after 2 years of residence in the country, subject to documentary proof of their origin.
List of documents for obtaining Spanish citizenship
Basic list of documents that are submitted regardless of the candidate’s status:
- international passport;
- statement;
- passport;
- card confirming the identification of a foreigner;
- birth certificate;
- certificates of no criminal record at home and in Spain;
- certificate of registration in Spain;
- confirmation of a stable income (employment contract, for example);
- health certificate obtained in Spain;
- receipt of payment of duty.
Depending on the basis, this list may be supplemented with the following documents:
- for refugees – an identity card;
- for adopted children and persons under guardianship – an appropriate court decision;
- for spouses of Spanish citizens – marriage certificate and joint registration;
- for widowers and widows – certificates of marriage, registration and death of the spouse;
- for descendants of Spanish citizens – birth certificates of parents, grandparents.
Fees and duties
The state fee for obtaining citizenship is 100 EUR and is the same for everyone. Additionally, you must pay for the CCSE test (Constitutional and Cultural Knowledge of Spain) – 85 EUR. Some categories of persons are exempt from passing the exam (refugees, investors).
The process of obtaining Spanish citizenship
The procedure for obtaining citizenship after 5 years of permanent residence consists of several stages, which are discussed below.
Submission of documents
You can submit an application to the Registro Civil, that is, the civil registry office, at the place of registration. To do this, you must first register on the website of the Ministry of Justice or by phone. The second option is to submit an application online on the same website, attaching scanned copies of all the necessary documents. Also, on the day of submitting documents, an additional interview with a judge may be held; it is scheduled separately.
Exams
After the application is accepted, the applicant is assigned a day to take the exams. One of them is for language proficiency, DELE. If the immigrant already has this certificate confirming level A2 or higher, then there is no need to take the test. It is enough to attach the certificate to the general package of documents. The second exam is CCSE, on knowledge of the culture, history and politics of the country. The test consists of 25 questions and is not required for everyone. If a candidate does not pass this exam on the first try, he can try again for free.
Candidate consideration
The application review period is 1 year. If during this time the candidate has not received any notification, it can be considered that he was rejected. If a positive decision has been made, the immigrant is sent a notification letter by mail.
Receiving a passport
After receiving a positive decision letter, the applicant must appear in court to take an oath. The last stage – registration of citizenship and issuance of a new passport, is carried out at the registry office. It is worth considering that, according to Spanish law, a citizen is required to have a double surname. It consists of the first surnames of the father and mother. Minor changes due to translation into Spanish are possible.
All persons applying for citizenship through residence permit and permanent residence, marriage, naturalization and option (adoption) are required to sign a statement renouncing their first citizenship. But whether it is canceled or not depends on the legislation of the immigrant’s homeland.
Can citizenship be denied?
Main reasons for negative decisions:
- lack of documents or errors in them;
- problems with the law at home or in Spain;
- lack of income or low level of income;
- the requirements for time of residence in the country are not met;
- providing false information.
Since there is a possibility of refusal, it is better to contact migration specialists. Lawyers provide advice on migration issues, help with preparing documents and going through all stages of the move. With their help, you can minimize risks and obtain cherished citizenship.
Frequently asked questions (FAQ)
Is it possible to give birth and obtain Spanish citizenship?
Parents will not be able to obtain a passport because their child was born in Spain; there are no benefits for them. But the child will be able to become a citizen if the requirements described earlier in the article are met.
Is civil marriage suitable for obtaining a passport?
In Spain, the concepts of “civil marriage” and “cohabitation” are different. A civil marriage is a union concluded in a municipality. It gives the right to grant citizenship to a foreign spouse. Cohabitation is the usual living of partners together, which gives the right only to a residence permit, provided that the couple lives together for at least a year.
What is the difference between naturalization and settled life?
Naturalization in Spain differs from the process in other countries. Here, citizenship by naturalization can only be obtained by persons with outstanding achievements in sports, science, etc. Settlement means living in the country for at least 10 years legally.