The main reasons why the application for Spanish nationality by residence is denied, are divided into two groups: In the first place we will refer to “timing reasons” and in a second place, to “documentation reasons”. Let’s have a look to each of those groups.

Timing reasons

Nationality by residence is requested as long as the person has legal and continuous residence in Spain. The general case is that the Spanish nationality can be requested after 10 years of legal and continuous residence have elapsed.

But we find other cases in which the general case is reduced to 5 years, for example in the case of refugees, or 2 years in the case of those people who have a nationality that has an agreement with Spain, such as Latin American countries, Andorra, Portugal, the Philippines, due to proximity and historical reasons. And finally we find the cases of one year, such as minors or people born in Spain, or people who are married to a Spanish citizen, etc.

The first reason for nationality refusal that we can find is that the application for nationality by residence has been submitted before meeting these deadlines. Or, for example, when someone thinks that these deadlines have been met but they have left Spain longer than the time allowed by law to consider that residence continued. Sometimes they have not realized it, and therefore do not meet the requirements of continued residence. 

¿How long can you leave Spain? Maximum 6 continuous months in the case of those people who are required to have 10 years of legal and continuous residence, and 3 months continuously for those who are required 5, 2 or one year to process the application. 

Therefore the most common reasons within this group are:

• Not having resided in Spain for the necessary time
• Not having had a legal and continuous residence in Spain

Documentation reasons

The second set of the reasons is the group that we would call “documentation reasons”. It may be the case that a necessary document has not been presented, that it has been delivered but is, for example, incorrectly apostilled or legalized, that it is not directly legalized or apostilled, that it has not been translated, or that there is a criminal record. There are a number of reasons why it may be denied. In these cases it is not usually a direct refusal, that is, the Ministry of Justice normally does not see that there is a reason for refusal and will not directly process a refusal resolution, but rather it will give an opportunity and notify the person that there is something missing or a lack of documentation and invites him to correct this error. After the notification, in the case in which said requirement is not met by the applicant, then there would be a refusal and archiving of the procedure.

Reasons of denial post-application

There are several reasons why an accepted nationality application may be denied, including:

• You have to meet certain economic and labor requirements, such as having a job and not being in a position of economic dependence. This means that you must be able to support yourself financially and not rely on public assistance or welfare.
• Not passing the language and Constitution knowledge exam (CCSE). You must pass an exam that tests your knowledge of Spanish language and culture, as well as your understanding of the Spanish Constitution and the rights and duties it establishes.
• Not passing a DELE exam (language exam), in case it’s required. Whether or not you need to take the DELE exam will depend on your situation. If you are from a Spanish-speaking country
• Having been convicted of a crime.
• Not having renounced a previous nationality if necessary (More about this here and here)
• Lie in the application or provide false documents.
• When intending to obtain nationality from a couple, not being “empadronados” together for at least a year

This article is not legal advice. If you need immigration experts advice, make sure to ask for a consultation with Spainguru’s vetted professionals here.