In a recent interview with Ainhoa Manero from Sterna Abogados, Bruno from Spainguru explored the process of obtaining Spanish citizenship by residence. This guide summarizes their discussion, answering key questions about eligibility, fast-track options, and legal requirements.
Eligibility and Residency Requirements
What is Spanish citizenship by residence?
Spanish citizenship by residence refers to the legal process where foreign nationals can apply for Spanish citizenship after legally residing in Spain for a specified period. The duration depends on various factors such as nationality, ancestry, or marital status.
How long do you need to reside in Spain before you can apply for citizenship?
For most nationalities, the required period is 10 years of legal residence. However, this is reduced to 2 years for citizens of Ibero-American countries, the Philippines, and Portugal, as well as Puerto Ricans. It is further reduced to 1 year for individuals married to a Spanish citizen or those with Spanish ancestry.
Does having Spanish ancestry affect the process for gaining citizenship by residence?
Yes, if your parent or grandparent was Spanish, you can apply for citizenship after just one year of residency in Spain. Alternatively, you could apply through Ley de Memoria Democrática, if applicable.
Can digital nomads or remote workers apply for citizenship by residence after living in Spain?
Yes, all types of legal residencies, including those obtained through the Digital Nomad Visa, count towards the residency requirement for citizenship. The only exception is time spent on a student visa.
Can you apply for citizenship while living in a different EU country but with Spanish residency?
Legally, you are expected to reside in Spain while applying for citizenship. However, as long as Spain remains your official place of residency, it is difficult for authorities to detect if you live elsewhere in the EU due to the borderless nature of the Schengen Area.
Family and Dependents
What is the process for minors or dependents of someone applying for Spanish citizenship?
If a parent gains citizenship, their minor children can also apply through a process called “nacionalidad por opción” even if they do not reside in Spain. If minors live in Spain, the application can be filed concurrently with the parent’s. Children under 18 do not need to take the citizenship exams.
Once I obtain Spanish citizenship, how can I help my family members obtain theirs?
Your spouse can apply for citizenship after one year of marriage registration in Spain. Minor children can apply for citizenship via “nacionalidad por opción”. Unfortunately, children over 18 must apply independently, following the standard procedures.
Can non-EU parents obtain citizenship through their Spanish child?
No, parents cannot fast-track their citizenship through their Spanish child. However, they can obtain residency through their child and eventually apply for citizenship after the required 10-year period of residency.
Exams and Integration
Are there any specific language or cultural knowledge tests required for citizenship?
Yes, non-Spanish speakers must take the DELE A2 Spanish language exam. All applicants, except minors, must take the CCSE cultural exam, which covers Spanish geography, history, and politics.
How do you prove integration into Spanish society during the application process?
Passing the required language and cultural exams is one way to prove integration. Additionally, maintaining a clean criminal record is viewed as an important sign of integration.
How can I avoid taking the DELE A2 language exam when applying for Spanish citizenship?
You can avoid the language exam if you can prove that you have studied in Spanish, such as holding a university degree obtained in Spanish. However, the program must have been conducted in Spanish, as degrees in other languages (like English) will not qualify.
Criminal Records and Denials
What documentation is required to prove legal residence in Spain?
Applicants must provide proof of legal residency, such as their residency card (NIE) and a valid passport. Additional documents like the empadronamiento certificate and residence certificate from the police may also be required to verify the length of residency.
How does Spain handle criminal records in the citizenship application process?
Having criminal records, unpaid taxes, or unresolved fines can negatively affect your application. Applicants are required to submit a clean criminal record from both their home country (if applicable) and Spain.
What are the common reasons for Spanish citizenship applications to be denied?
Common reasons for denial include not meeting the required residency period (even being short by one day), failing to legalize or apostille necessary documents, and having unresolved criminal or police records.
Dual Citizenship and Tax Implications
How does Spain handle dual citizenship with countries like the US or the UK?
Spain requires citizens of non-Ibero-American countries, like the US and the UK, to formally renounce their original citizenship. However, this renunciation is often not recognized by the home country, meaning individuals may retain dual citizenship unofficially.
Are there any tax implications for someone gaining Spanish citizenship by residence?
Taxes in Spain are based on residency, not nationality. Once you live in Spain for over 183 days a year, you are considered a tax resident, regardless of your citizenship. However, becoming a Spanish citizen may affect tax treaties, such as the U.S.-Spain tax treaty for pensions.
Fast Track Options
If I am eligible for the two-year Fast Track, how long can I be outside of Spain before applying for Spanish citizenship?
The recommendation is not to be outside of Spain for more than three months per year to maintain continuous residency for citizenship purposes. This guideline comes from legal rulings rather than explicit law, so it is safer to follow it.
As a Puerto Rican, how can I benefit from the two-year Fast Track for Spanish citizenship, and what document do I need to obtain?
Puerto Ricans can take advantage of the two-year Fast Track by obtaining a Certificado de Ciudadanía de Puerto Rico, which proves their Puerto Rican origin. With this document, they can apply after two years of residency and are also exempt from the Spanish language exam.
Can a person who is Puerto Rican but was born in the United States still be eligible for the two-year Fast Track for Spanish citizenship?
Yes, as long as you can prove your Puerto Rican origin through the Certificado de Ciudadanía de Puerto Rico. This certificate confirms your eligibility based on your ancestral ties to Puerto Rico.
If I was born in the US but my parents were born in an Ibero-American country, would my Ibero-American citizenship qualify me for the two-year Fast Track to Spanish citizenship?
Yes, as long as you can prove your Ibero-American citizenship, you can benefit from the two-year Fast Track for Spanish citizenship. You would need to provide documentation, such as your passport from the Ibero-American country.
Other Application Considerations
Can you expedite the citizenship process under certain conditions?
Yes, there are two ways to expedite the process. First, applying through the Madrid Bar Association can be faster, as they pre-filter applications. Only Lawyers registered at the Madrid bar can do it. Second, if your application is still pending after a year, you can take your case to court, where the court is mandated to resolve it.
What are the costs involved in applying for Spanish citizenship by residence?
Costs include the application fee, exam fees (if applicable), and costs for translations and legalizations of documents. On average, applicants should budget around €350 to €400 for the total process.
Can I leave Spain while my Spanish citizenship application is pending?
Yes, you can leave Spain after submitting your application, as long as all the residency requirements were met at the time of application. However, staying in Spain is generally safer to avoid any potential issues.
Spanish Long-term Residency and Renewals
Are there any drawbacks to indefinite renewals of Spanish long-term residency?
No, there are no significant disadvantages to renewing long-term residency indefinitely. Permanent residency in Spain allows you to maintain your residency status without becoming a tax resident unless you meet the standard tax residency requirements.
What happens if I have lived in multiple countries before applying for Spanish citizenship?
Living in multiple countries before applying has no direct impact on your eligibility. However, you must provide a clean criminal record from every country in which you’ve resided during the 10-year period before your application.
Healthcare and Spanish Citizenship
Will I get free healthcare in Spain if I become a Spanish citizen?
Spanish citizenship does not automatically grant you access to free public healthcare. Access to healthcare in Spain is tied to employment or social security contributions. However, exceptions are sometimes made for individuals without income who cannot afford private insurance.
