Acquiring Spanish nationality is an essential goal for many foreign nationals residing in Spain who wish to establish a stable and permanent legal bond with the country, as well as gain full citizenship rights such as the ability to live and work anywhere in the European Union, vote, or access certain public sector jobs.
Spanish law provides several pathways to obtain nationality, with nationality by residence being the most common.
In this article, we will explain in detail the legal requirements to obtain Spanish nationality by residence, the most common route, and what other forms exist according to the current legal framework.
Ways to acquire Spanish Nationality: beyond residence
The Spanish Civil Code (CC), in articles 17 to 22, regulates the different ways to acquire nationality. Although nationality by residence is the most frequent, there are other forms:
- Nationality by origin
- Nationality by option
- Nationality by possession of status
- Nationality by letter of naturalisation
Nationality by residence: general requirements
Nationality by residence is regulated in Article 22 of the CC and requires the fulfillment of four essential requirements:
Legal, continuous, and immediately prior residence
The general rule establishes a period of ten years of legal and continuous residence in Spain before submitting the application. However, reduced periods apply under certain circumstances:
- Five years: for individuals granted refugee status.
- Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and persons of Sephardic origin.
- One year, in the following cases:
- Individuals born in Spanish territory, regardless of the nationality of their parents.
- Those married to a Spanish citizen for at least one year, provided they are not legally or de facto separated at the time of application.
- Widows or widowers of Spanish citizens, as long as no separation (legal or factual) existed at the time of the spouse’s death.
- Children or grandchildren of Spanish nationals by origin, regardless of where they were born.
- Persons under legal guardianship, custody, or foster care by a Spanish citizen or institution, for at least two consecutive years immediately before the application.
Periods spent in Spain for study, internships, or research do not count as legal residence. You may not have spent more than 6 consecutive months or 12 cumulative months outside Spain during the required residence period.
Good civic conduct
One of the core legal requirements to obtain Spanish nationality by residence is to demonstrate good civic conduct (buena conducta cívica), as established in Article 22.4 of the Spanish Civil Code.
This is a discretionary requirement assessed by the Spanish authorities, primarily the Ministerio de Justicia, and must be met throughout the entire period of required residence. While there is no exhaustive definition, in practice it is primarily assessed based on criminal and police records. Applicants must not have a criminal record or open criminal proceedings in Spain.
Sufficient integration into spanish society
To prove this requirement, applicants must pass two exams managed by the Cervantes Institute:
- CCSE Test (constitutional and sociocultural knowledge of Spain)
- DELE A2 Spanish language exam, except for nationals of Spanish-speaking countries or those who prove language proficiency by official means (EOI, Ministries of Education, or university certificates).
Minors and persons with certified disabilities are exempt from these tests.
Oath or pledge of allegiance to the Constitution and the King
Once nationality is granted, the applicant must go to the Civil Registry within 180 days to take the oath or pledge. During this act, the applicant swears allegiance to the Constitution and laws, and renounces their previous nationality, unless they are from a country with which Spain allows dual nationality (Andorra, Ibero-American countries, the Philippines, Equatorial Guinea, Portugal, or recognised Sephardic descendants).
Required documentation to apply for spanish nationality by residence
The application must be accompanied by basic documents, which may vary depending on the case.
For adults, the minimum required documents include:
- Official application form (Form 790)
- Proof of payment of the administrative fee: €104.05 in 2025
- Foreigner Identity Card (TIE), EU family member card, or certificate from the Central Register of Foreigners
- Valid and complete passport from the country of origin
- Literal birth certificate, legalised and translated if applicable
- Criminal record certificate from the country of origin, legalised and translated, or consular certificate based on checks with competent authorities
- Criminal record certificate from the Central Registry of Convicts (or authorisation for the Ministry of Justice to access it)
- Updated registration certificate (empadronamiento), unless electronic access is authorised
- Diplomas certifying passing of the CCSE and DELE A2 exams from the Cervantes Institute, or proof of exemption for nationality or disability.
For minors, the required documents differ:
a) Minors under 14 or legally incapacitated persons acting through a legal representative
- Standardised application form signed by both parents or legal representatives.
- Court ruling of incapacity or other judicial documentation proving legal representation, if applicable
- Legalised and translated birth certificate
- Full passport or identity document (if from an EU member state)
- Proof of payment of the fee
- ID documents of the legal representatives (DNI/NIE/passport)
- Certificate from the educational or care centre showing level of integration
b) Minors aged 14 to 18, or legally assisted non-emancipated persons
- Application form signed by the applicant and legal representative
- Legalised and translated birth certificate, if applicable
- Full passport or ID, if applicable
- Proof of fee payment
- Certificate from the school or residence centre proving integration
- Document proving legal representation: court order or parental documentation
Procedure: how to submit the application
Applications for Spanish nationality can be submitted:
- Online via the Ministry of Justice’s electronic headquarters (recommended)
- In person at Civil Registry offices or any entity listed in Article 16.4 of Law 39/2015
Steps to apply are:
- Payment of the fee (Form 790 – code 026)
- Submission of the application with all required documents
- Review and assessment of the file, which may include interviews or further requests
- Administrative decision by the Ministry of Justice, with a legal response period of one year (after which, if no answer is given, the application is deemed rejected by negative silence)
- Oath or pledge of allegiance at the Civil Registry
- Obtaining the Spanish DNI and passport
Dual nationality: Do I have to renounce mine?
In general, Spain does not allow dual nationality unless there is a bilateral agreement with the country of origin. This includes all Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal. It also applies to Sephardic descendants under Law 12/2015 (which has ended, though pending applications are still valid).
If your country of origin does not allow dual nationality, you should consult consular authorities. Even if Spain does not require renunciation, your country may.
Other routes to obtain Spanish nationality: Legal requirements
Although nationality by residence is the most common method, Spanish law provides other ways for certain foreign nationals to acquire nationality based on origin, family ties, or exceptional circumstances. Let’s explore these alternatives and their requirements.
Nationality by option (Nacionalidad por opción)
This allows individuals with family ties to Spanish citizens to acquire nationality even if they are not Spanish by origin. It is mainly aimed at descendants and adopted children.
Eligible individuals include:
- Those who have been or are under the parental authority of a Spanish citizen
- Those whose father or mother was Spanish and born in Spain
- Those whose birth or parentage is determined in Spain after turning 18, within two years of that determination
- Those adopted by Spaniards after turning 18, also within two years of adoption
Common required documents:
- Applicant’s birth certificate
- Documents proving family relationship with the Spanish citizen
- ID documents and, if applicable, residence certificate
Nationality by letter of naturalisation (Nacionalidad por carta de naturaleza)
This exceptional and discretionary route allows the Council of Ministers to grant nationality by Royal Decree, based on the applicant’s extraordinary circumstances.
This form does not require specific criteria or residence periods and is used in cases such as:
- Individuals with notable contributions in science, culture, sports, or society
- Persons in humanitarian vulnerability (e.g., refugees without other options)
- Cases under Law 12/2015 for Sephardic Jews
Required documents:
- Application to the Subdirectorate-General of Nationality and Civil Status
- Legalised and translated birth and criminal record certificates
- Documents supporting the claimed merits or circumstances
Nationality by possession of status (Nacionalidad por posesión de estado)
This path applies to individuals who have used Spanish nationality for at least 10 years continuously, in good faith, and based on a title registered in the Civil Registry.
Requirements:
- Possession of nationality in good faith and based on a registered title
- Evidence of having behaved as a Spanish citizen
- Having maintained the nationality continuously for at least ten years
Nationality for Spaniards by origin (Nacionalidad para españoles de origen)
Spanish nationality by origin is granted directly by birth or adoption. Spaniards by origin include:
- Individuals born to a Spanish father or mother
- Individuals born in Spain to foreign parents if at least one also was born in Spain
- Individuals born in Spain to stateless parents or whose legislation does not confer nationality
- Children born in Spain to unknown parents
- Minors adopted by Spaniards
In these cases, no formal application is required if the conditions are met, but registration in the Spanish Civil Registry is mandatory. If adoption or parentage is determined after turning 18, nationality by origin can be requested within two years.
In conclusion, applying for Spanish nationality requires preparation, documentation, time, and strict compliance with legal requirements. Although the process may seem complex, with the right information—and, if necessary, the help of a specialised lawyer—you can navigate it with more confidence.
Spanish nationality opens the door to a life with full rights in Spain and the European Union. If you’ve been legally residing in the country and meet the conditions, now may be the time to take the step.