Spanish Nationality by Residence
This replaces the general rule for you
Two Years Instead of Ten, and You Keep the Passport You Have
The Civil Code draws one line and it changes two things at once. A national of origin of an Ibero-American country needs two years of residence rather than ten, in the same sentence that states the ten. And article 23(b), which requires every applicant to declare that they renounce their previous nationality, exempts the nationals of the countries named in article 24(1) - the same class. The second limb is why Spanish nationality is in practice a second nationality for this class and a replacement for everyone else. Everything else is unchanged: the residence must still be legal, continuous and immediately prior, and the applicant must still prove good civic conduct and integration.
Both Nationalities, Governed by the Country That Granted the New One
Open to nationals of origin on both sides, and the acquisition costs nothing of what is held. Where it differs from its neighbours is the law that governs afterwards: not the country you live in but the country that granted the new nationality, with work and social security taken out and left to the place the work is done. The treaty says in terms that a person may never be subject to both legal systems at once.
Ten years of legal, continuous residence immediately before the application, an oath to the King and the Constitution, a renunciation of the nationality you hold, and proof of good civic conduct and sufficient integration into Spanish society. That is the general rule, and for most of the world it is the only one. The Civil Code then names a class of origins for whom the ten years are two and the renunciation is not required, and the class is drawn by language and history rather than by treaty: Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardim.
At a glance
- Residence required
- 10 years
- Recognised refugees
- 5 years
- What the residence must be
- Legal, continuous and immediately prior to the application
- Renouncing your nationality
- Required, with an exception by origin
Article 23(b), read with the countries named in article 24(1).
- What else must be proved
- Good civic conduct and sufficient integration into Spanish society
- If it is refused
- The administrative courts remain open
Article 22.5 says the grant or refusal leaves the contentious-administrative route intact.
Requirements
- Ten years of residence in Spain, unless an exception in article 22 applies
- Residence that is legal, continuous and immediately prior to the application
- Good civic conduct, proved in the Civil Registry file
- A sufficient degree of integration into Spanish society
- An oath or promise of fidelity to the King and obedience to the Constitution and the laws
- A declaration renouncing the previous nationality, unless the applicant's origin exempts them
- Registration of the acquisition in the Spanish Civil Registry
What applies to you
Two Years Instead of Ten, and You Keep the Passport You Have
The Civil Code draws one line and it changes two things at once. A national of origin of an Ibero-American country needs two years of residence rather than ten, in the same sentence that states the ten. And article 23(b), which requires every applicant to declare that they renounce their previous nationality, exempts the nationals of the countries named in article 24(1) - the same class. The second limb is why Spanish nationality is in practice a second nationality for this class and a replacement for everyone else. Everything else is unchanged: the residence must still be legal, continuous and immediately prior, and the applicant must still prove good civic conduct and integration.
Both Nationalities, Governed by the Country That Granted the New One
Open to nationals of origin on both sides, and the acquisition costs nothing of what is held. Where it differs from its neighbours is the law that governs afterwards: not the country you live in but the country that granted the new nationality, with work and social security taken out and left to the place the work is done. The treaty says in terms that a person may never be subject to both legal systems at once.
What the law says
«Para la concesión de la nacionalidad por residencia se requiere que ésta haya durado diez años. Serán suficientes cinco años para los que hayan obtenido la condición de refugiado y dos años cuando se trate de nacionales de origen de países iberoamericanos, Andorra, Filipinas, Guinea Ecuatorial o Portugal o de sefardíes.»Ten years is the rule and the exceptions are in the same sentence. Five for a recognised refugee, two for a national of origin of an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal, and for Sephardim.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
«En todos los casos, la residencia habrá de ser legal, continuada e inmediatamente anterior a la petición. A los efectos de lo previsto en el párrafo d) del apartado anterior, se entenderá que tiene residencia legal en España el cónyuge que conviva con funcionario diplomático o consular español acreditado en el extranjero.»What the residence has to be in every case: legal, continuous and immediately before the application. A gap resets it, and the Code does not say how large a gap counts.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
«El interesado deberá justificar, en el expediente regulado por la legislación del Registro Civil, buena conducta cívica y suficiente grado de integración en la sociedad española.»The two things the applicant must prove beyond time: good civic conduct, and a sufficient degree of integration into Spanish society. Neither is defined in the Code.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
«Son requisitos comunes para la validez de la adquisición de la nacionalidad española por opción, carta de naturaleza o residencia: a) Que el mayor de catorce años y capaz para prestar una declaración por sí jure o prometa fidelidad al Rey y obediencia a la Constitución y a las leyes. b) Que la misma persona declare que renuncia a su anterior nacionalidad. Quedan a salvo de este requisito los naturales de países mencionados en el apartado 1 del artículo 24 y los sefardíes originarios de España. c) Que la adquisición se inscriba en el Registro Civil español.»The common requirements: an oath to the King and obedience to the Constitution, a declaration renouncing the previous nationality, and registration. Paragraph (b) carries its own exception, which is where the origin question returns.
Read it at the sourceAbout this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source
Practical notes
The Civil Code sets the time and the conditions; it does not set the procedure, the fee or the examinations. Those are in the Civil Registry legislation and in the instruments that created the constitutional-knowledge and language tests, and this record does not reach them.
The consolidated text read here is the Agency's editorial version, which states the date it was last updated. It is not the authentic text of any amendment, which is published in the gazette issue itself.
- issuesCódigo Civil, texto consolidado publicado por el Boletín Oficial del Estado
Agencia Estatal Boletín Oficial del Estado
About this source
Spain's official state gazette, which also publishes consolidated texts carrying their own amendment history.
Standing: Issues the instrument
Cannot be cited for: A deadline set by Council of Ministers decision rather than written into a statute will not appear in the consolidated text at all, which is exactly the case with the Democratic Memory Law's option period. The statute gives the mechanism; the date that mattered to applicants lives in a separate decision we have not read.
We re-read it every 180 days. More about this source