Spanish Nationality Procedures All about Spanish Nationality

Spanish Nationality Procedures
All about Spanish Nationality

SPANISH NATIONALITY BY RESIDENCE.

What is Nationality by Residence?

Spanish Nationality by Residence is one of the ways of acquiring Spanish citizenship contemplated by the Spanish Civil Code. Through this procedure, the foreigner who has been residing in Spain for a time in a legal and continuous manner can request and acquire Spanish nationality. Nationality by residence is the most common way of obtaining Spanish nationality and that used by most foreigners residing in Spain, proving a previous legal residence time, good civic conduct and integration.

Normative .The acquisition of Nationality by Residence is mainly regulated in article 22 of the Spanish Civil Code.In 2015, Royal Decree 1004/2015, of November 6, was approved, which approved the Regulation regulating the procedure for acquiring Spanish nationality by residence. (Read the full text of the Spanish Nationality Regulation here).Furthermore, Order JUS / 696/2015 of April 16 is very important, clarifying some of the most important aspects of the previous Regulation.Assumptions. Required time of legal residence to acquire Spanish nationality by residence.To acquire Spanish nationality by residence, the applicant foreigner must have resided legally in Spain continuously for at least 10 years before the application.There are several cases in which the term of 10 years of residence can be reduced:

Five years of legal residence: for the granting of Spanish nationality to those who have obtained refugee status.

Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin.

One year:

• Whoever was born in Spanish territory.
• He who did not properly exercise his right to acquire Spanish nationality by option.
  
• Whoever has been legally subject to guardianship (under the supervision of a guardian), guardianship or foster care (the foster care that allows the reduction of legal residence to one year is one in which there is a resolution of the public entity that has in each entrusted territory the protection of minors and foster care that is legally recognized) of a Spanish citizen or institution for two consecutive years, even if it continues in this situation at the time of the request.
• The one who, at the time of the application, has been married for a year to a Spaniard or Spaniard and is not legally or de facto separated.
• The widower or widow of Spanish or Spanish, if at the time of the death of the spouse were not separated, in fact or judicially.
• The one born outside of Spain to a father or mother, (also born outside of Spain), grandfather or grandmother, provided that all of them had originally been Spanish.

Requirements to acquire Spanish nationality by Residence:

• Continuous residence in Spain immediately prior to the application.
• Good Civic Conduct.
• Integration.
• Lacking a criminal record, both in your country of origin and in Spain.
• Your documentation must be in force.

Procedure for applying for Spanish Nationality by Residence
I want to apply for Spanish nationality by residence, but where do I start?

CCSE and / or DELE exams
All people who are interested in starting the process of Spanish nationality by residence, must prove the passing of two exams, the DELE minimum level A2 exam, which is the diploma of Spanish as a foreign language and the CCSE exam, on constitutional knowledge and sociocultural of Spain.These two tests are face-to-face, and are designed and administered by the Instituto Cervantes.

DELE exam
The passing of the DELE exam grants an official title that accredits the degree of competence and domicile of the Spanish language and is awarded by the Instituto Cervantes. This exam must be taken and passed by all applicants over the age of eighteen and people who do not have the capacity modified by the courts. Nationals of:ArgentinaBoliviaChileColombiaCosta RicaCubaEcuadorThe SaviorGuatemalaEquatorial GuineaHondurasMexicoNicaraguaPanamaParaguayPeruPuerto RicoDominican RepublicUruguayVenezuelaIn order to take advantage of this exemption, if one of these nationalities is not the main one, with which you are applying for Spanish nationality by residence, you must also provide the country's current passport or consular certificate of recognition of the nationality that is not the main one. This is the case, for example, of an Italian citizen who also has Argentine nationality.

The DELE level A2 exam consists of four tests:

• Reading comprehension and use of language.

• Integrated skills: listening comprehension and written expression and interaction.

• Listening comprehension and use of language.

•  Integrated skills: reading comprehension and oral expression and interaction.
  

In case you have to take the DELE exam, as we have mentioned, it must be at least an A2 level and it is a diploma that does not expire.This DELE A2 exam has a cost of 130 euros.

CCSE exam
The constitutional and sociocultural knowledge test of Spain, the CCSE must pass and pass all those interested in applying for Spanish nationality by residence. The CCSE exam is a test that is administered and managed by the Instituto Cervantes.There are calls every month of the year, except in August and December. This is a 25-question test, true or false and multiple choice test questions (three closed-answer options).Through this test, knowledge of the Constitution and of the Spanish social and cultural reality is evaluated.

This exam has a cost of 85 euros.
Unlike what happens with the DELE diploma, the CCSE Certificate is valid for four years.

Are there any exceptions to the CCSE or DELE exams?·      The Cervantes Institute will offer special actions in the administration of the CCSE and DELE tests for people with disabilities, so that they have supports and reasonable adjustments that allow them to attend under conditions of effective equality.
·      People who cannot read or write or have learning difficulties may request the waiver of the CCSE and DELE exam. This waiver must be requested from the Ministry of Justice prior to the application for Spanish nationality for residence.
·      Likewise, for those who have completed Compulsory Secondary Education in Spain and have therefore obtained the corresponding academic title, it will not be necessary to do the CCSE or the DELE.
·      And finally, minors under the age of eighteen and persons with judicially modified capacities are exempt from doing these tests. These people must present certificates from the training, residence, reception, care or special education centers in which the interested party has been registered at home.
In the case of minors, these certificates issued by educational centers must state whether the minor attends class regularly, the degree of knowledge of the Spanish language in relation to their school age, the participation of parents in the school life of your child, and if there is any cause that justifies the non-integration of the minor or his legal representatives in Spanish society.

How can I register for the CCSE and DELE exams?The registration of both exams can be done through the platform that the Instituto Cervantes has enabled. Within this platform you must create a profile with your email and password.Once you have your profile, you will be able to consult all the calls, authorized centers and you will be able to register.

Forms of presentation of the application for Spanish nationality by residence;In order to submit the application for Spanish nationality by residence, you can do it in several ways:

• Through the Civil Registry of your home. This route was only available until June 30, 2017.
• Through the Public Registry, including the Common Electronic Registry and the Electronic Registry of the Ministry of Justice.
• By post.
• Through platforms enabled by Bar Associations, Social Graduates, Attorneys, etc., and who have signed an Enabling Agreement for the electronic filing of the application for Spanish nationality by residence.

• Telematically, through the electronic platform enabled by the Ministry of Justice. To make the request in this way it will be necessary for you to have a Digital Certificate.

Documents and fees to submit the application for Spanish nationality by residence;
The documentation that you must present to proceed to the application of your Spanish nationality by residence is generic for all applicants is:

• Standard application form.
• Birth certificate of the country of origin duly legalized and translated where appropriate, in accordance with International Agreements.
• Full copy of the passport, which must be in force.
•  Criminal record certificate from the country of origin duly legalized and translated in accordance with International Agreements.
• Updated registration certificate.
• Complete copy of your valid residence card or copy of the Certificate of Citizen Registration of the European Union, in case you are a community citizen.
• Additional documentation that you want to attach to your file, such as a copy of your employment contract, health card, additional training.
• Apt Certificate of the CCSE and / or DELE in your case.
• Rate paid correctly. To start the application process for Spanish nationality it is necessary to pay an administrative fee. In this case it must be rate 790 code 026 and has an amount of 102 euros.

This documentation is necessary for the presentation of the application for Spanish nationality for all those emancipated or over eighteen years of age who do not have the capacity modified judicially.