Spanish nationality by residence

Spanish nationality by residence

Nationality is the legal link that unites the person with the state and has two aspects: being a fundamental right and constituting the legal status of people. Due to this relationship, the individual enjoys rights that he can demand from the state organization to which he belongs and this, in return, can impose compliance with a series of obligations and duties. 

Spanish nationality is acquired, preserved and lost in accordance with what is established by law. 

Normative. 

By Royal Decree 1004/2015, of November 6, the Regulation is approved that regulates the procedure for the acquisition of Spanish nationality by residence. 

The Seventh Final Provision of Law 19/2015, of July 13, on administrative reform measures in the field of the Administration of Justice and the Civil Registry, establishes that: 

1. The procedure for granting Spanish nationality by residence will be governed by the provisions of the Civil Code, by the provisions of this provision and the regulations that develop it. This regulation will include the specialties of the procedure for personnel in the service of the Armed Forces. 

In it Civil Code Article 22 provides that for the granting of nationality by residence it is required that it has lasted ten years legally, continuously and immediately prior to the request. There are cases in which the required residence period is reduced; these are: 

• Five years: for the granting of Spanish nationality to those people 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: 
  
  • Anyone who was born in Spanish territory
  • The one 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), custody or foster care (the foster care that allows the reduction of legal residence to one year is that in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and foster care that is judicially recognized) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the application.
  • Who, at the time of the application, has been married to a Spanish man or woman for one year and is not legally or de facto separated. 
  • The Spanish widow or widower, if at the time of the spouse's death they were not de facto or judicially separated.
  • Anyone 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. 
  • In addition, the interested party must demonstrate good civic conduct and a sufficient degree of integration into Spanish society.
  • The granting or denial of nationality by residence leaves the contentious-administrative judicial process safe. 

2. The processing of the procedure for the granting of Spanish nationality by residence and its instruction will correspond to the General Directorate of Registries and Notaries. All notifications will be made electronically. 

3. Compliance with the requirements demanded by the Civil Code to obtain Spanish nationality by residence must be accredited through the documents and other evidence provided for by law and regulations. 

Thus, Royal Decree 1004/2015, of November 6, approves the Regulation in its article 5 establishes the necessary requirements and documentation, which are: 

A) Standardized application model. 

B) Criminal record certificate from the Central Registry of convicts. It can be replaced by the authorization to consult the Ministry of Justice included in the application form. 

C) Certificate of registration. It can be replaced by the authorization to consult the Ministry of Justice included in the application form. 

D) Foreigner identity card. Family Card of a citizen of the European Union or Certificate from the Central Registry of Foreigners or the Registry of Citizens of the Union. 

E) Birth certificate from the country of origin of the interested party, duly translated and legalized, unless the interested party proves his or her status as a refugee or stateless person, in the terms determined by the Ministry of Justice. 

F) Complete and valid passport from the country of origin. Unless the interested party proves his or her status as a refugee or stateless person, under the terms determined by the Ministry of Justice. 

G) Marriage certificate if the applicant is married. 

H) Certificate of criminal record in your country of origin, translated and legalized, in accordance with existing international conventions or consular certificate of conduct issued on the basis of consultation with the competent authorities of the country of origin. 

I) Documentation related to the degree of integration in Spanish society.

• • Certificate of passing the CCSE Exam (proof that accredits Knowledge of the historical, Constitutional and Sociocultural values of Spain) It can be replaced by the authorization to consult the Ministry of Justice included in the application form. 
  • Certificate of passing the DELE Exam (proof that accredits passing a minimum Level A2 Diploma of Spanish as a Foreign Language) 

Both tests are in-person, designed and administered by the Cervantes Institute, in accordance with the penultimate paragraph of number 3 of the Seventh Final Provision of Law 19/2015, of July 13, on administrative reform measures in the field of Administration of Justice and the Civil Registry. 

At the time prior to the exam, those responsible for each DELE and CCSE exam center recognized by the Cervantes Institute will verify the identity of the candidates, requiring the exhibition of the passport along with the Foreigner's Identity Card or Residence Card of a family member. citizen of the European Union or the Identity Document of the country of origin in the case of citizens of the European Union. Exceptionally, you may verify identity using a single original identification document from the aforementioned documents as long as the document provided allows identification.

J) Proof of payment of the fee. 

Those interested who have previously obtained a diploma in Spanish as a foreign language (DELE) at least level A2 will be exempt from the DELE exam test, as well as nationals of: 

Argentina, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Equatorial Guinea, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Dominican Republic, Uruguay and Venezuela 

Who can apply for/present nationality by residence. 

• • The interested party by himself, as long as he is over 18 years of age or is emancipated.
  • Anyone over 14 years of age assisted by their legal representative.
  • The legal representative of the minor under 14 years of age.
  • The person with judicially modified capacity alone or the legal representative of said person, depending on what the incapacity ruling indicates.

Steps to obtain the CCSE certificate for Spanish nationality by residence 

Prepare the CCSE exam test. 

The first thing you should do is prepare for the CCSE nationality exam. For this, the Cervantes Institute has published a Manual for the preparation of the test of constitutional and sociocultural knowledge of Spain (CCSE) that you can download here  And, you can then practice with the new Cervantes Institute application to consolidate the knowledge acquired and pass the test necessary to obtain Spanish nationality by residence. (App Android and iOS operating system). 

Registration at the Cervantes Institute 

Prepared to present the test of constitutional and sociocultural knowledge of Spain (CCSE), the next step will be to register through the Instituto Cervantes website to be able to access and register at any of the places available to present the knowledge test. To do this you must access Cervantes Institute Registration Enter your email and click on check and then fill out the form with the required personal data and create the account that will give you access to the following process. 

CCSE exam election of the Call 

Where: Click here

The CCSE exam test 

• • The CCSE test contains 25 questions with only one correct answer, and is scored automatically.
  • To pass the test it is necessary to answer 15 of the 25 questions correctly.
  • The results will be communicated approximately 20 business days after the test is performed.
  • Candidates will be able to consult their results electronically in their private space at the Cervantes Institute, using their personal access data (Username and password) provided at the time of registration.
  • In this private space you can download the electronic certification of qualifications, signed electronically by the Cervantes Institute, at any time. The certification has a Secure Verification Code that allows the authenticity of the paper copy to be verified.
  • In the certification, the Cervantes Institute will inform the candidate of the overall grade obtained in the test PASS / NOT PASS / NOT PRESENTED (it does not inform about the score obtained in the test.
  • The electronic document has certifying value for the process of granting or acquiring Spanish nationality, and is valid for four years from the date of issuance of the certification.
  • A candidate NOT SUITABLE or NOT PRESENTED in the first call has the right to make a second registration for the test without having to pay the registration price again, in accordance with the conditions established by the Cervantes Institute, once they have been published. the grades of the call in which you registered for the first time.

Who is exempt from the CCSE exam?

1. Minors and
2. people with judicially modified capacity.

CCSE exam exemption

Total dispensation

1. Graduates in official studies, completed in Spain and in Spanish, at an intermediate or higher level.
2. graduates in Compulsory Secondary Education (ESO) from Spain.
3. people with learning disorders or difficulties higher than 65%.

Partial waiver

1. People who do not know how to read or write or
2. Those who have learning difficulties.

They may request exemption from this evidence from the Ministry of Justice which, in view of the particular circumstances and the evidence provided, will issue a reasoned decision. Likewise, applicants who have attended school in Spain and passed compulsory secondary education may be exempt from said tests. Likewise, will be able Applicants who have attended school in Spain and have completed compulsory secondary education will be exempt from these tests.

The application for exemption must necessarily be made prior to the application for nationality by residence and in standardized model.

REQUEST FOR ADMINISTRATION OF THE CCSE EXAM UNDER SPECIAL CONDITIONS

Rafael Reyes Pulido