The journey towards acquiring Spanish nationality, an undertaking already initiated by many, stands as a pivotal milestone for foreign residents in Spain. One of the most common questions is: What specific card is necessary for initiating the Spanish nationality application? Therefore, it’s crucial to understand which types of residency are not considered when pursuing Spanish nationality.
Spanish nationality by residence
To apply for Spanish nationality based on living here is to have lived in Spain legally and without any significant breaks before applying. But what kind of living situation do you need?
The first thing to think about is the amount of time you’ve spent here. In other words, it’s not just about having the right to live here; you also need to meet certain residency requirements in Spain beforehand:
1. As a general rule, the period of continuous residence in Spain before applying is 10 years.
2. 5 years are sufficient for those recognized as refugees.
3. 2 years when it concerns nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal, or Sephardic Jews.
4. The time of residence for one year is sufficient for:
– Those born on Spanish territory.
– Those who have not timely exercised the right to choose.
– Those who have been legally subject to the guardianship, custody, or care of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of application.
– Those who have been married to a Spanish man or woman for one year at the time of application and are not legally or de facto separated.
– Widows or widowers of Spanish men or women, if there is no legal or de facto separation at the time of the spouse’s death.
– Those born outside Spain to a father or mother, grandfather or grandmother, who were originally Spanish.
In summary:
| Residency Period | Years Required |
|---|---|
| General Rule | 10 years |
| Recognized as refugees | 5 years |
| Ibero-American countries, Andorra, Philippines, Equatorial Guinea, or Portugal, Sephardic Jews | 2 years |
| Born on Spanish territory | 1 year |
| Not exercised the right to choose | 1 year |
| Legal guardianship, custody, or care of a Spanish citizen or institution for two consecutive years | 1 year |
| Married to a Spanish citizen | 1 year |
| Widows or widowers of Spanish citizens | 1 year |
| Born outside Spain to a Spanish ancestor | 1 year |
Residency and Spanish nationality: Choosing the right path
Now that you’ve got a handle on these time limits, let’s talk about the type of residence you need for Spanish nationality. It’s important to realize that not all cards or permissions you get in Spain count when you’re trying to become a Spanish citizen.
For example, having a non-lucrative residence permit does help you meet the time requirements for applying for Spanish nationality. But if you have a Study Stay Authorization (A.k.a. Student Visa), that won’t count, and you can’t use it to meet those necessary time limits.
Can I qualify for Spanish nationality if I hold a student card?
No, there are a few important factors to consider.
Firstly, the Civil Code explicitly mandates that an applicant must have legal residency in Spain to apply for Spanish nationality.
Secondly, according to the Immigration Law and Regulations, there’s a legal distinction between a study stay and residency. They aren’t the same thing. Therefore, a student card indicates a stay, not residency, and doesn’t count for the purposes of Spanish nationality.
It’s worth noting that, in the past, the Ministry of Justice used to consider or include some of the time spent on a study stay when assessing applications. However, as of today, this time is no longer taken into account when applying for Spanish nationality.
Here’s an example:
“An individual from Morocco came to Spain in 2008 on a student visa to pursue their studies. After two years, in 2010, they changed their visa to a residence and work permit for employment, which they subsequently renewed until 2018. This totals, in 2018, 10 years since their initial arrival and continuous stay in Spain. Now, they are interested in applying for Spanish nationality in 2018. Is this possible?”
In this scenario, a Moroccan citizen needs to demonstrate 10 years of legal residency in Spain for Spanish nationality. However, in the presented example, the individual only acquired resident status in 2010 when they modified their visa. Since the time spent as a student does not count towards the requirement, they would need an additional two years of legal residency to commence their application process for Spanish nationality, that is, in 2020 onwards.
In summary:
- Arrival in Spain: 2008
- Student Visa: 2008 to 2010 (2 years)
- Change to Residence & Work Permit: 2010
- Renewed Residence & Work Permit: 2010 to 2018 (8 years)
- Eligible for Spanish Nationality: 2020 (10 years because the individual is a Moroccan national)
The student card and the long-term EU residence permit
Bear in mind that while your stay as a student in Spain doesn’t count towards eligibility for Spanish nationality, it does count for obtaining the Long-Term EU Residence Card.
According to Article 152 of Royal Decree 557/2011, as of August 24, 2023, foreigners can qualify for a long-term EU residence permit by meeting certain criteria, including five years of legal and continuous residence in Spain. Importantly, for the purpose of the long-term EU residence permit application, time spent as a student, student mobility, or non-labor internships is considered, albeit at 50% of their duration, provided the applicant is in residence status in Spain at the time of the application. This provision allows students to eventually secure the Long-Term EU Residence Card while studying in Spain, facilitating their long-term stay in the country.
