The main reasons why an application for Spanish nationality by residence is denied can be divided into two groups: timing reasons and documentation reasons.
However, recent expert updates also highlight additional causes such as criminal or police records, lack of cohabitation proof for married applicants, and failure to respond to official requests.

Let’s take a look at all of them.

Timing Reasons

Nationality by residence is requested as long as the person has legal and continuous residence in Spain.

• The general case requires 10 years of legal and continuous residence.
• For refugees, the requirement is 5 years.
• For nationals of countries with historical and cultural ties to Spain — such as Latin American countries, Andorra, Portugal, and the Philippines — the period is 2 years.
• In certain cases, such as being born in Spain, married to a Spanish citizen, or having Spanish parents, only 1 year is required.

Common timing-related reasons for refusal:

• Applying before completing the required period of residence (for example, even 10 days too early).
• Having spent too much time outside Spain, breaking the “continuous residence” requirement.
  • The law allows a maximum of 6 continuous months abroad for 10-year cases, and 3 continuous months for those requiring 5, 2, or 1 year of residence.

Tip:

Before applying, request a certificate of legal residence from the Ministry of Interior. This confirms your exact legal residence dates and helps avoid submitting too early.

Documentation Reasons

The second group includes all cases related to missing, incorrect, or unverified documentation. Applications may be denied if:

• A required document was not presented, expired, incorrectly legalized, not apostilled, or not translated properly.
• The applicant failed to respond to a requerimiento (official request) asking to fix missing or incorrect documents.

The Ministry of Justice usually notifies applicants of any missing items and gives an opportunity to correct the issue. However, if the applicant does not respond in time, the case may be archived or refused.

Tip:

If you submitted your application online (via telemática), check your electronic inbox regularly. Many refusals occur simply because people miss official notifications.

Criminal Records (Antecedentes Penales)

Having a criminal record, even for a minor offense, is one of the most common reasons for denial. Even small fines, restraining orders, or suspended sentences count as a conviction until they are officially cancelled.

What you can do:

• Request a criminal record certificate and check for any outstanding convictions.
• If records exist, you must request cancellation through the court or Ministry of Justice before applying for nationality.
• Note that nationality cannot be granted while any criminal record remains active, regardless of how minor it may seem.

Police Records (Antecedentes Policiales)

Many applicants are unaware that police records — even without conviction — can cause problems. For example, being detained during an incident (like a protest or football match) and fingerprinted may leave a police record in the system of the National Police or Civil Guard.

What you can do:

• Request access to your police record and, if it exists, apply for its cancellation before submitting your nationality request.
• Police records are separate from criminal records, and both must be clear.

Married to a Spanish Citizen but Not Being Empadronados Together

Applicants married to a Spanish citizen can apply after one year of residence, but must prove continuous cohabitation with their spouse.

A very common reason for denial is not being empadronados (registered in the same address) together for at least one year. Even if the marriage is valid, the authorities assume you have not lived together if you appear at different addresses on the padrón (local registry).

Common causes:

• Temporary separation for tax, work, or family reasons.
• Registering separately to manage healthcare or rental contracts.

Ensure that both you and your spouse are empadronados at the same address for at least 12 consecutive months before applying.

Failure to Provide Additional Documents After Application

Sometimes, even after submitting your application, the Ministry may request:

• Updated or corrected documents.
• Explanations about travel history, arrests, or residence periods.

If you do not respond to such a request within the deadline, your application will be automatically denied. This is one of the most easily avoidable mistakes — often due to missed emails or unread notifications.

Other Post-Application Denial Reasons

In addition to the issues above, nationality can also be denied if:

• You do not meet financial self-sufficiency requirements (for example, being dependent on welfare assistance).
• You fail the CCSE exam (constitutional and cultural knowledge test).
• You fail the DELE exam (Spanish language test) when required.
• You did not renounce your previous nationality when applicable.
• You provided false or misleading information in your application.

Avoiding Mistakes: Get Professional Help

One of the final points highlighted by experts is the importance of using a qualified immigration lawyer instead of relying on friends or relatives who “know how it’s done.” Many denials happen simply because applicants followed informal advice instead of professional guidance.

At Spainguru, we recommend verified legal experts like Sterna Abogados, who specialize in Spanish nationality applications and can help you prevent these common errors.

Conclusion

To summarize, the main reasons why Spanish nationality applications are denied include:

1. Not having the required legal and continuous residence time.
2. Submitting the application too early.
3. Having criminal or police records not cancelled.
4. Not being empadronados together (for marriage-based cases).
5. Missing or incorrectly legalized documents.
6. Failing to respond to official document requests (requerimientos).
7. Providing false information or lacking economic means.

Avoiding these mistakes is possible with careful preparation and professional assistance.

If you need expert help when applying for Spanish citizenship, please contact our recommended Spanish immigration experts.