Spanish Citizenship

    Taking Spanish Citizenship?

Those Who May Be Considering Taking Spanish Citizenship

Some foreigners who have been living in Spain for a long period of time, have loosened most of the ties binding them to their country of birth or nationality and are sure they can find no better place to stay, will be considering taking Spanish citizenship. Others, wanting to be accepted as residents and taxpayers in Spain by recalcitrant tax authorities in their home countries, may also be considering the same possibility.

Rights Of Citizens Of The European Union

In most cases it would not be very interesting to take Spanish citizenship for a citizen from one of the EU-countries. EU citizens already have almost all the same rights as a Spanish citizen, the exceptions being the vote in national elections and the possibility to work in some posts connected with national security. But such a citizen has the same rights as the Spanish to set up a business and even apply for employment as a civil servant.

Nationals From Countries Outside The European Union

For nationals from countries outside the European Union, however, it may be worthwhile considering becoming a Spanish citizen. In this Short-Information we give the basic rules for such a person, not addressing ourselves to the problems of refugees, as they are special cases needing more specialised and profound assistance.


    Starting With The Constitution

The Democratic Constitution Of Spain From 1978

The democratic Constitution of Spain from 1978 states in article 11 that

* Spanish nationality is gained, maintained and lost in accordance with the law.

* that the State may enter into agreements on double nationality with Latin American countries or such countries that have had special relations with Spain.

Spanish Citizens - Definition

The details are spelled out in the Codigo Civil (Civil Law). In article 17 it is explained who are Spanish citizens:

* those who have a Spanish mother or father

* those born in Spain by foreign parents, if at least one of the parents was born in Spain (exceptions to this rule are children of diplomatic or consular personnel stationed in Spain)

* those born in Spain whose parents cannot be ascertained (the law contains more details on this).

Person Who Has Had Spanish Nationality In Good Faith For 10 years

Then in article 18 it is said that if a person has had Spanish nationality in good faith for 10 years, inscribed in the Civil Registry, he has consolidated his right to this nationality, even if the evidence that led to the inscription is later cancelled.

Person Adopted By Spanish Citizen

A person of less than 18 years adopted by a Spanish citizen will become Spanish from the moment of adoption. If the adopted person is more than 18 years, he may opt for the Spanish citizenship within 2 years of adoption (article 19 of the same law).

Person With Spanish Citizen As Their Legal Guardian

Also, someone who had a Spanish citizen as their legal guardian, under certain conditions may obtain Spanish citizenship (article 20).


    A Short Cut For Good Football Players

Royal Decree For Outstanding People

If you are an eminent football player, or an outstanding athlete of another kind, or a prominent artist or professional, the Government may give you the Spanish citizenship in a Royal Decree.

Time Period After Which Other People May Apply

For a normal citizen, Spanish nationality may be applied for after having stayed legally in Spain (meaning with a residence permit) for a certain period of time, varying according to each case:

* as a general rule, one must have resided in Spain for 10 years

* for a person who has been staying in Spain as a refugee or obtained political asylum, the time of residency is only 5 years

* for nationals of the Latin American countries, Andorra, the Philippines, Guinea Equatorial, Portugal and the sephardies (descendants of Jews from Spain), the time of residency is only 2 years

* and only 1 year is demanded for someone born from Spanish parents, for one that has not used his right of option, for one that had a Spanish legal guardian for more than 2 years, for a person that has been married to a Spanish citizen for 1 year and for a widow or widower of a Spanish citizen.

Residency Must Be Legal & Continuous

But the residency in Spain must have taken place legally, continually and immediately before applying for the Spanish nationality.

Certificate For Good Conduct

A certificate for good conduct, from the Civil Registry in your town hall, must be sent together with the application.

Integrating Into The Spanish Society

Also, it must be proved that you have integrated sufficiently into Spanish society (meaning that you can speak Spanish).


    Double Nationality

Renouncing Present Citizenship

In most cases persons taking out or applying for Spanish nationality will have to renounce their present citizenship.

Exceptions

The only exemptions from this rule are the nationals from Latin America and the other countries with special relations with Spain.

Losing Citizenship

A Spanish adult citizen may lose his citizenship if he resides habitually in another country and takes the nationality of the other country. The ones who have become Spanish citizens by application, may lose it again by a court sentence. Under certain circumstances, they may apply to get their citizenship back again.

So, the law is clear: If you apply for Spanish citizenship, not coming from Latin America or any of the other country Spain has had special relations with, not forsaking your present citizenship, Spain has the right to revoke your Spanish nationality when they find out.


    How To Proceed?

Ask A Lawyer To Assist You Or Apply Direct

Either you ask a lawyer to assist you, or you take contact directly with the 'Servicio de Nacionalidad del Ministerio de Justicia', Calle de la Manzana 3, despacho 319, Madrid.


    European Citizenship

Rights Of An EU Citizen To Reside, Work, Set Up Business And Vote In Another EU Country

The Maastricht Agreement of 1992 created the basis for a European Citizenship, in addition to national ones. The content of this European Citizenship has not been developed much so far, but we have the following points to start with:

- a resident in any of the EU countries has the right to work or set up business in another EU country on the same conditions as the nationals,

- an EU citizen has the right to set up residency in another EU country, and cannot be refused, unless for particular reasons,

- an EU citizen resident in another EU-country has the right to vote in local and European elections in the country where he resides.

Continued Moves Towards Building European Citizenship In Spain

The association Ciudadanos Europeos have been proposing to continue building European Citizenship in Spain, also in practice, by recognizing that EU residents are not foreigners, and should not have to apply for a residence permit, only register themselves on the 'padron municipal'.

The Move Towards Complete Political Union In The EU

It has been proposed to make the EU into a complete political union. We are on the way, but it will probably still take some time before we arrive there.