Overview & Statutory Background
Spanish nationality by residence (Nacionalidad por Residencia) can be acquired by eligible foreigners who have lived legally and continuously in Spain for the statutory period immediately before applying and who satisfy the requirements of good civic conduct and sufficient integration. The general residence period is 10 years, but Spanish Civil Code Article 22 reduces it to 5 years for persons who have obtained refugee status, 2 years for nationals by origin of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal and for qualifying Sephardic applicants, and 1 year in specified circumstances including being married to a Spanish citizen for at least one year without legal or de facto separation. The qualifying period is a minimum residence requirement for applying; nationality is not acquired automatically when the period ends.
Spanish Nationality by Residence Key Facts (2026)
Application Dossier (Form EX-11)
Qualifying Residence Periods (Civil Code Article 22)
- Persons born in Spanish territory.
- Persons who did not timely exercise the right to acquire Spanish nationality by option.
- Persons who have been legally subject to guardianship, custody or foster care by a Spanish citizen or institution for two consecutive years.
- Persons who, at the time of application, have been married to a Spanish citizen for one year and are not legally or de facto separated.
- Widows or widowers of Spanish citizens where there was no legal or de facto separation at the time of death.
- Persons born outside Spain of a father or mother, or grandparent, who was originally Spanish.
Statutory Residence, Conduct & Integration
Continuity Standard: The law requires residence to be continuous and immediately prior to the application. There is no simple universal rule in Article 22 stating that every absence below a particular number of days is automatically harmless; prolonged or repeated absences can affect the continuity assessment.
Immediately Prior Status: The qualifying residence must continue up to the point of application. An applicant should therefore avoid allowing an immigration authorization to lapse before filing the nationality application.
Good Civic Conduct: Applicants must demonstrate good civic conduct. Spanish and foreign criminal-record information can be examined as part of the nationality procedure.
Social Integration: Applicants must demonstrate a sufficient degree of integration into Spanish society. The Ministry's nationality procedure uses the CCSE and, where applicable, DELE language examination evidence as part of this assessment.
Instituto Cervantes Tests: CCSE & DELE A2
Applicants for nationality by residence generally need to demonstrate the required knowledge of Spain's Constitution, laws, culture and society through the CCSE unless an exemption or approved dispensation applies.
- Minors.
- Persons with legally modified capacity in the categories specified by the applicable rules.
Dispensation: Other applicants can potentially receive a dispensation where the legal conditions are met and the Ministry of Justice approves it.
Applicants who are not exempt generally need to demonstrate Spanish-language knowledge through the DELE A2 or higher examination.
- Minors under 18.
- Persons with legally modified capacity in the applicable category.
- Persons who already hold a DELE A2 or higher diploma.
- Persons holding specified A2, B1 or B2 certificates from the Spanish official language-school system.
Dispensation: Persons unable to read or write can seek the applicable partial dispensation/adjustment procedure, while certain persons educated through Spanish compulsory secondary education can obtain a full dispensation subject to the Ministry's rules.
Post-Approval: Oath (Jura), Renunciation & DNI
Oath / Promise: The applicant must swear or promise fidelity to the King and obedience to the Constitution and laws.
Renunciation Declaration: A declaration of renunciation of the previous nationality is required only where Spanish law requires it. The Civil Code provides exceptions for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and the Spain-France nationality convention provides corresponding treatment for qualifying French nationals.
Civil Registry & Notary Option: The acquisition must be registered in the Spanish Civil Registry. The Ministry confirms that the nationality oath or promise can be completed before the competent Civil Registry official or, under the applicable rules, before a notary, after which the nationality registration process is completed.
Spanish DNI & Passport: Once Spanish nationality has been registered, the person can proceed with the Spanish DNI and passport procedures. The nationality grant itself is not the same thing as issuance of the physical DNI or passport.
Dual Citizenship & Nationality Retention
Origin Country Sovereignty: Whether the person actually retains the original nationality is also determined by the law of that original country. Spain's waiver of its own renunciation declaration should therefore not be described as a universal guarantee that every country permits dual nationality.
Legal Distinction: The phrase 'dual citizenship' should therefore be used carefully: Spanish law permits the relevant nationality-retention framework for specified categories, but the legal position of the original nationality must be checked separately.
Current Application Fee & Timeline
Statutory Processing Fee: €104.05 according to the current Ministry of Justice nationality-by-residence information page, subject to statutory revision.
Resolution Timeline: Nationality applications can take substantially longer in practice than the statutory administrative framework suggests. Do not publish an unofficial fixed approval time as though it were guaranteed.
Electronic File Tracking: The Ministry of Justice provides an online system for checking the stage of a nationality-by-residence file.
Post-Grant Period: After approval is notified, the 180-day period for the required declarations and registration formalities becomes important.
Step-by-Step Procedure Roadmap
Confirm Your Residence Period
Identify whether your case requires 10, 5, 2 or 1 year of qualifying legal, continuous and immediately prior residence.
Prepare Civil and Criminal Documents
Obtain the required birth, criminal-record, passport, residence and family-status documents and complete the applicable apostille/legalization and translation steps.
Complete CCSE and DELE Requirements
Take the examinations required for your case or establish an exemption/dispensation before filing where appropriate.
Submit the Application
The Ministry of Justice provides a full electronic nationality-by-residence application process. Submit the digitized documents and pay the applicable fee.
Track and Supplement the File
Use the Ministry's electronic nationality-file consultation system to monitor the status and respond to requests for additional documentation when required.
Complete the Post-Approval Formalities
After a favorable decision, complete the required oath or promise, declaration concerning previous nationality where legally applicable, and registration formalities within the statutory period.