When applying for Spanish nationality by residence, the documents generally required include your birth certificate and your criminal record certificate from your country of origin, duly legalised or apostilled and translated where applicable, taking into account international conventions and the particular circumstances of each case.
Residence periods vary with the applicant’s circumstances and, subject to the exemptions and waivers provided for, the Instituto Cervantes CCSE and DELE A2 exams may form part of the requirements.
Before requesting, apostilling or translating foreign documents, check the requirements that apply to your specific situation.
Residence periods by case
The general rule for Spanish nationality by residence is to have lived in Spain legally, continuously and immediately before the application for ten years. That period is shorter in certain cases:
- Five years for those granted refugee status.
- Two years for nationals of origin of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and for Sephardic Jews.
- One year in certain cases set out in the Spanish Civil Code.
One of the cases where a single year of residence can be enough is being married to a Spanish national for a year at the time of applying, without being legally or de facto separated.
There are other cases where the reduced one-year period applies too, so it is important to check which one fits yours. For UK, US, Irish or Australian nationals, unless one of those special cases applies, the general ten-year rule is the reference.
Foreign documents in the file
The general documentation that may be needed for a nationality-by-residence application includes:
- birth certificate from your country of origin;
- criminal record certificate from your country of origin;
- and, depending on your personal circumstances, other foreign certificates or documents.
Foreign documents must meet the legalisation or Hague Apostille and translation requirements where applicable, taking into account the country of issue, the applicable international conventions and the procedure’s requirements. For British documents this generally means an FCDO apostille; for US documents, an apostille from the relevant Secretary of State.
Not every foreign document necessarily follows the same procedure. Before apostilling, legalising or translating a document, check which requirements apply in each case.
Birth certificate
The birth certificate from your country of origin is part of the general documentation required from adult applicants. Where applicable, it must be duly legalised or apostilled and accompanied by the translation required for the procedure.
Documents must be valid at the time the application is filed. The validity of certificates is determined by the validity period stated on the document itself.
Criminal record certificate
The criminal record certificate from your country of origin is another document generally requested from adult applicants. Where applicable, it must meet the legalisation or Apostille and translation requirements.
Checking its validity is especially important. If the foreign criminal record certificate itself does not state a validity period, for this procedure it is considered valid for six months from its issue.
There are particular rules for certain applicants. For example, the regulations provide a specific alternative for nationals of other EU Member States regarding proof of criminal records. Since Brexit, that alternative no longer covers UK nationals.
If you are applying through marriage to a Spanish national
Being married to a Spanish national does not automatically grant nationality, but it is one of the cases where the required residence period can be reduced to one year.
To qualify, at the time of applying you must have been married to a Spanish national for a year and not be legally or de facto separated.
Besides the general documentation that applies, there is specific documentation for this case, including:
- full birth certificate (certificación literal) of the Spanish spouse;
- full marriage certificate issued by the Spanish Civil Registry;
- certificate of cohabitation or joint registration on the municipal register (empadronamiento).
So if you are applying on this basis, check the specific documentation required before preparing or translating any documents.
The exams: CCSE and DELE A2
The exams run by the Instituto Cervantes form part of the nationality-by-residence requirements where applicable.
The CCSE tests constitutional and sociocultural knowledge of Spain. The DELE A2 certifies a certain level of Spanish. Nationals of origin of Spanish-speaking countries or territories are exempt from this exam for nationality by residence — native English speakers are not.
There are also other exemptions or waivers provided for by the regulations.
The DELE diploma is valid indefinitely, while the CCSE pass certificate is valid for four years from the date the results are approved. Plan the exams and the preparation of your documents with these periods in mind.
How the application is filed
The application for Spanish nationality by residence can be filed electronically through the relevant Ministry of Justice portal. It can be filed by the applicant in person or through a representative, meeting the requirements set for that purpose.
Some of the information needed to process the file can be checked directly by the Administration when the applicant authorises those checks. For example, regarding municipal registration, the Ministry can consult the relevant data when you authorise it. If you do not, you will need to provide the corresponding documentation.
So the exact documentation you must attach may vary depending on the authorisations given and each applicant’s circumstances.
How to prepare your foreign documents
Preparing the documentation should take into account each document’s validity and the requirements of the issuing country. As a rule of thumb:
- Check which documentation applies to your nationality case.
- Check whether you must take the CCSE and DELE A2 or are exempt or waived from either.
- Request the required foreign documents.
- Check whether they need a Hague Apostille, legalisation or another formality.
- Complete those steps before ordering the translation when they must form part of the document you will file.
- Order the translation of the complete document.
- Before filing the application, check that documents with a validity period are still valid.
This order means the translation can also include the Apostille or legalisations when they form part of the documentation to be filed.
Frequently asked questions
Does my home-country birth certificate expire for this procedure?
Documents must be valid at the time of filing. The validity of certificates is determined by the validity period stated on the document itself. The specific requirements that may apply depending on the country of issue and the procedure must also be checked.
Am I exempt from the DELE if my country is Spanish-speaking?
Nationals of origin of Spanish-speaking countries or territories are exempt from the DELE A2 for Spanish nationality by residence. That exemption does not automatically exempt you from the CCSE. There are also other exemptions or waivers to check according to the applicant’s circumstances.
How long is my criminal record certificate valid?
First check whether the certificate itself states a validity period. If the foreign criminal record certificate does not indicate one, for this procedure it is considered valid for six months from issue. It must be valid at the time of filing.
Do I need to apostille my foreign documents?
It depends on the country of issue, the type of document and the applicable international conventions. Where the Hague Convention applies and there is no exemption, certain public documents may require a Hague Apostille. In other cases an exemption may exist or another legalisation procedure may be needed. So don’t assume every foreign document needs an Apostille.
Should I apostille before or after translating?
When a document needs an Apostille or legalisation, it is advisable to complete that step first and translate the complete document afterwards. That way the translation can also include the content of the Apostille or legalisations.
Can I file an electronic sworn translation?
Yes. Spanish regulations allow sworn translator-interpreters to work in electronic format under the established requirements. The electronic sworn translation must meet the conditions set by the Spanish Ministry of Foreign Affairs, European Union and Cooperation, including use of the corresponding electronic signature.
This guide is for information only. The requirements for applying for Spanish nationality may vary with the applicant’s circumstances, and regulatory or administrative changes may occur. Always check the up-to-date requirements of the Ministry of Justice and, where applicable, the Instituto Cervantes before starting the procedure.