Acquiring Spanish Nationality Through Residence in Spain

A foreign national living in Spain may, after a number of years of residence, apply for Spanish nationality.

As a general rule, Spanish nationality may be obtained after ten years of lawful, continuous residence in Spain immediately preceding the application. However, there are specific circumstances in which the required period of residence is reduced. These shorter periods are as follows:

• Five years, for foreign nationals who have been granted refugee status.
• Two years, for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or persons of Sephardic origin.
• One year, if the foreign national falls into any of the following categories:
  - Born in Spanish territory,

  - Has not duly exercised the right to acquire Spanish nationality by declaration of option,

  - Can demonstrate having been legally subject to the guardianship, custody, or foster care of a Spanish citizen or institution for two consecutive years, even if that situation is ongoing at the time of the application,

  - Has been married to a Spanish national for at least one year at the time of the application, provided they are not legally or de facto separated,

  - The widow or widower of a Spanish national, provided that at the time of the spouse's death they were not separated, either de facto or by court order, and

  - A person born outside Spain to a father or mother (also born outside Spain), grandfather or grandmother, provided that all of them were originally Spanish nationals.

HOW LONG DOES NATURALISATION BY RESIDENCE TAKE?

The application must be resolved and notified within a maximum period of one year from the date it was received by the Directorate General of Registries and Notaries. If that period elapses without an express decision having been issued, the applications submitted by the interested parties will be deemed rejected. (Royal Decree 1004/2015, of 6 November, approving the Regulations governing the procedure for acquiring Spanish nationality by residence).

It is common for the authorities to take a year or more to reach a decision.

What does obtaining Spanish nationality mean in practice?

Nationality is the legal bond linking any individual to a State. It also has a dual dimension: on one hand, it constitutes a fundamental right, and on the other, it defines a person's legal status.

Holding Spanish nationality therefore entails not only a set of rights that may be claimed against the Spanish State, but also a corresponding set of obligations — just as applies to any other Spanish citizen.

Can you hold dual nationality? 

In certain cases, it is possible to hold two nationalities simultaneously. In fact, some countries allow their nationals to obtain Spanish nationality without being required to renounce their original nationality — an arrangement that carries clear and significant advantages.

Where two nationalities converge in the same person, the result is a dual legal bond. Consequently, any person holding dual nationality, as a national of two countries, enjoys full legal standing in relation to both States. It is important to note, however, that holding dual nationality does not mean being subject simultaneously to the laws of both countries. On the contrary, a set of mechanisms is put in place to give precedence to one nationality over the other, thereby providing a clear point of reference for the relationship between the individual and the State. For this reason, it is advisable to seek guidance from a professional specialising in nationality law, who can thoroughly analyse the applicable dual nationality treaties currently in force and provide you with all the information you need, including the advantages and drawbacks of dual nationality status. In this regard, it is worth noting that habitual domicile is generally used as the reference point, so that dual nationals are not constantly subject to both legal systems, but rather only to the law of the country in which they actually have their habitual residence. This applies, for example, to the issuance of a passport, diplomatic protection, the exercise of civil and political rights, employment rights and Social Security entitlements, and so on.

Can Spanish nationality be lost?

The most common situations in which Spanish nationality may be lost typically arise when an emancipated person residing abroad voluntarily acquires another nationality without fully understanding the consequences of doing so. Loss may also occur when a person uses exclusively the nationality they held prior to emancipation or reaching the age of majority.

However, with the right legal advice from a professional specialising in immigration matters, it is possible to obtain the information needed to avoid losing Spanish nationality. One example of how this can be achieved is by formally declaring the intention to retain Spanish nationality within a three-year period. This is an important step for anyone who wishes to avoid unwelcome surprises — which is precisely why preventive legal advice is essential. An experienced immigration lawyer will be able to advise you directly on how to exercise this right to retain nationality before the relevant Spanish Consulate in the country where the dual national resides. It is worth noting that Spanish consular offices and embassies currently carry out Civil Registry functions in this regard.

Golden Visa

Of particular relevance to foreign nationals who obtain residency in Spain through a significant real estate investment (€500,000) — commonly known as GOLDEN VISA residents:

Our firm has extensive experience in real estate investment by foreign nationals in Spain, among other areas of law. In our day-to-day practice, we observe a growing trend of nationals from other countries choosing Spain as an attractive destination — not only to settle with their families, but also to let property or to pursue professional activities either as employees or as self-employed individuals.

It is important to highlight that the investor residence permit is the only type that carries no obligation to remain in Spain in order to renew it — meaning that as an investor, you are not required to become a tax resident in Spain. residence permits granted under the Golden Visa scheme are valid for two years, and to maintain and renew the visa, the investor need only enter Spanish territory at least once a year. Furthermore, the investor may renew their residency indefinitely, provided, of course, that they maintain their investment. If the investment is no longer maintained, there are alternative routes to changing residence permit status — subject, naturally, to a thorough review of the specific circumstances and an assessment of the available options.

After 10 years, the investor will also be able to obtain Spanish nationality. This period may also be reduced if the investor is a national of a Latin American country or falls within one of the residency period reduction scenarios referred to at the beginning of this article.

For more information, please contact us here: on our immigration page, we will be happy to assist you.

Cristina González Nájar

                         Lawyer