How many years of residence are needed
Article 22 of the Civil Code sets the periods and admits no creative interpretation. The residence must be legal, continuous and immediately before the application.
- Ten years: general rule.
- Five years: people who have obtained refugee status.
- Two years: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and people of Sephardic origin.
- One year: anyone born on Spanish territory; anyone who did not exercise the right to opt in due time; anyone who has been legally under the guardianship, custody or foster care of a Spanish citizen or institution for two consecutive years; anyone married to a Spaniard for one year and not separated legally or de facto; the widow or widower of a Spaniard if there was no separation at the time of death; and anyone born outside Spain to a father or mother, grandfather or grandmother who were originally Spanish.
That last one-year case, the grandchild of someone originally Spanish, is the one most often overlooked. It is worth reviewing the family tree before assuming you must wait ten years.
Marrying a Spanish person does not grant citizenship automatically. It reduces the residence period to one year when, on filing, the marriage has also lasted one year and there is no legal or de facto separation. The full explanation is in Spanish citizenship by marriage.
The two exams
A sufficient degree of integration is proved with two Instituto Cervantes tests:
- CCSE, constitutional and sociocultural knowledge of Spain. Everyone takes it except for the legal exemptions.
- DELE A2 or higher, in Spanish language. Nationals of countries where Spanish is an official language are exempt, and minors and people with judicially modified capacity have their own regime.
The diplomas and certificates have their own validity and their own sittings, and places run out. It is the first thing we plan when someone starts the file, because it sets the calendar for everything else.
Documents and procedure
The file is processed online before the competent Ministry, under the procedure of Royal Decree 1004/2015. The typical folder includes:
- Valid passport and foreigner identity card.
- Birth certificate from the country of origin, legalised or apostilled and translated by a sworn translator.
- Criminal record certificate from the country of origin, also legalised and translated.
- Padrón certificate and, depending on the case, marriage certificate, children's birth certificates or those proving the kinship that shortens the period.
- CCSE and DELE certificates, unless exempt.
- Proof of payment of the fee.
Legalisation and translation are the part that delays the file most and is most underestimated: see apostille and sworn translations.
Once the file is submitted, it is followed with the ministry's own tool: cómo va lo mío, which shows the real status of the procedure without calling anyone.
After the grant
A favourable decision does not automatically make you Spanish. You must swear or promise loyalty to the King and obedience to the Constitution and the laws, renounce the previous nationality where the law requires it, and register the acquisition in the Civil Registry. All of that has a deadline, and letting it pass can make the grant lapse.
The next practical step is the Spanish DNI and passport, requested by appointment at the National Police.
If you still have years to go, the task is to keep your residence impeccable: any interruption of legal status breaks the required continuity. See renewing residency and TIE.
Shall we handle it for you?
Registered gestora administrativa, ICGA Valencia. Fixed quote before we start and a free first consultation.
Frequently asked questions
How many years of residence do I need?
Ten as a general rule; five for refugees; two for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and people of Sephardic origin; and one in several cases, including being born in Spain, being married to a Spaniard for one year or being the grandchild of someone originally Spanish.
Which exams must be passed?
The CCSE on constitutional and sociocultural knowledge, and the DELE A2 or higher in language. Nationals of countries where Spanish is an official language are exempt from the DELE.
Must the residence be continuous?
Yes: legal, continuous and immediately before the application. Long absences and periods in an irregular situation break the continuity.
Do I have to give up my current nationality?
It depends on the country. At the oath the previous nationality is renounced except where Spanish law allows it to be kept, as with nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal.
How do I know where my file stands?
With the Ministry of Justice's «Cómo va lo mío» search tool, which shows the status of the procedure from your identification details.
Legal basis
- Spanish Civil Code, arts. 17 to 26, on acquiring Spanish nationality
- Royal Decree 1004/2015, procedure for acquiring Spanish nationality by residence
- Law 39/2015 on Common Administrative Procedure, art. 14 on electronic dealings with the administration
- Royal Decree 203/2021, Regulation on public sector action by electronic means