According to the National Institute of Statistics, during the year 2021 a total of 144,012 foreigners residing in Spain acquired Spanish nationality, which represents an increase of 14.1% compared to the previous year. The most frequent nationalities of origin were Morocco, with 42,000 approved applications; Colombia, with 8,328, and Ecuador with 8,325.
There are several ways to obtain Spanish nationality: by residence, by choice or by marriage. Obtaining nationality is a process that can take time and is complicated when the requirements are not met.
Among the available modalities to obtain Spanish nationality, 121,760 cases were by residence, and 21,712 were by option. These two types of application are the most common, but they are not the only ways to become a Spanish national. In addition, the requirements may vary depending on the background of each applicant.
In Spain there are four main ways for a foreign citizen to obtain Spanish nationality. In the first place, it is possible to apply for citizenship by residence, that is, by having lived long enough in the country. Secondly, a foreigner can become a Spanish citizen by option when her parents have previously obtained Spanish nationality.
A third form applies to foreigners who are married to a Spanish citizen, since they can apply for citizenship by marriage. And the same can be done by the grandchildren of a Spanish citizen, a modality known as nationality by descent. Each of these options has its own requirements and exceptions.
Applying for nationality by residence is the most viable modality for foreigners who arrive in the country with the intention of working. In the first instance, they will only be able to obtain a temporary residence permit for one year and with the possibility of renewal. After five years they will be able to apply for a permanent residence permit and, after 10 years in the country, they will have the right to nationality by residence.
However, if the foreigner has entered the country under refugee status, they will only have to wait five years to present their application for nationality. Likewise, if the foreigner comes from any Latin American country, Portugal, Equatorial Guinea, the Philippines or Andorra, the waiting time is reduced to just two years and they will not have to renounce their previous nationality, that is, they will be able to obtain dual nationality.
Within this modality, the count of years begins when the foreigner obtains his first residence card, which means that the months or years spent as an irregular foreigner will not count. In addition, he will have to live that period of time within Spanish territory uninterruptedly, being able to be absent for a maximum of three months.
Nationality by option is a benefit that Spanish law offers, among other things, to minor children of foreign nationals or who are in the process of obtaining their citizenship. Children may opt for this concession up to 20 years of age, as long as the father or mother have applied for Spanish nationality before their child turned 18.
Thanks to this opportunity, the children of foreign citizens born in Spanish territory have access to their own citizenship more quickly. Likewise, people over 18 years of age who were adopted by Spanish citizens or who are or have been in the custody of a Spaniard can also benefit.
Those who are married to a Spanish citizen or are the grandchildren of Spaniards can also take the process to obtain Spanish nationality. In these cases, it is possible that the statutory time of residence is only one year. Of course, the time that the foreigner spends in Spanish territory will not count as irregular.
Regardless of the mode of acquisition used to obtain Spanish nationality, the applicant must meet certain general requirements. As a main point, it is essential to comply with the legal residence terms required by law, which can be ten, five, two or one year depending on the case. It is convenient to clarify that the time with a study visa does not count for these purposes.
Another general requirement requires that the applicant take the Spanish nationality exams to prove that they have a sufficient degree of integration with the nation. The CCSE test is used to measure the level of constitutional and sociocultural knowledge of the foreigner, while the DELE A2 language test is for applicants who do not have Spanish as their mother tongue.
Thirdly, the foreigner who wants to obtain Spanish nationality must have no criminal record, both in Spain and in their country of origin, and be able to prove their good civic conduct. For this, it is especially important that he avoid having any altercation with the civil authorities of the country.
In addition, it is essential that the foreigner makes sure not to present any expired document during the procedures to apply for Spanish nationality. This is one of the most often overlooked requirements that creates a lot of stress and wasted time. Finally, during the entire time that the application takes, the foreigner must not make trips outside of Spain for more than three months.
