Is it really possible to apply for citizenship in Spain by marriage? That is a doubt many people who are married to a Spanish citizen have. And while it is true that the answer has nuances, in this article we will show you how you can get citizenship in Spain after marrying a national.
By having married a Spanish citizen, can I directly obtain nationality in Spain?
We are going to break a myth or idea that many people have in mind as truth.
While this was possible and true many years before and by then the answer would be yes… now, not anymore.
There is no such thing as attaining nationality by marriage.
How was the situation before?
From the 50s to the 80s, if you married a Spanish citizen, you could directly acquire the nationality from your partner.
However, in 1975 the Spanish civil code was modified. And it is from then on when the situation changed completely.
It then became impossible to get nationality directly after marriage. This is something we find indicated in article 22 of the Spanish Civil Code.
Anyway… don’t panic.
Marriage is one of the steps that will greatly accelerate the attainment of citizenship. It will help you immensely.
It won’t be as easy as in the past was. But it is still possible. And in this article, we will show you how.
Let’s study that in more detail.
How to obtain Spanish Citizenship by marriage step by step
The procedure is as follows. In the first place, the citizen who wants to obtain nationality must obtain a residence in Spain. This will be possible after having married a Spanish national. Then, you must demonstrate continued coexistence for a year in the Spanish territory with your spouse. Only afterwards will you be eligible to file your Spanish nationality.
Thus, we are talking about a nationality by residency procedure. No nationality by marriage.
The only difference is the legal residence periods in Spain that are required for a successful application.
How many years do I have to reside in Spain to get this nationality?
Thanks to having registered your marriage, you will have the advantage of being able to reduce to a single year the time that you must live in Spain for the legal application (compared to the 2 or 10 years required on the rest of cases, depending on your country of origin).
Do we start counting the year to be lived in Spain once we get the residency or after the marriage is constituted?
The answer is simple: since the residence permit has been granted.
That is, you can have been married to a Spanish citizen for a longer period of time. The important thing (the requirement that will be examined) is that you have lived together for at least one year in the Spanish territory.
Requirements and Documents Needed for the Application
Each and every one of the requirements and documents are exactly the same as those required for the rest of the people who apply for nationality by residence. Without exception.
Thus, the Ministry of Justice will be the institution in charge of evaluating if you meet the necessary requirements to become Spanish and thus obtain your DNI.
What are the requirements and documents necessary to apply for citizenship by marriage?
-Pass the CCSE and DELE (if you are not Spanish speaking) exams.
-Have a residence permit as a family member of an EU citizen. This card must be valid during the legal application period, very important.
–Birth certificate of both your spouse and the principal applicant.
–Criminal background check.
–Census. Both members of the marriage must be jointly registered in the town hall. This will be the method of checking the continued coexistence for a year.
–Marriage certificate. Keep in mind that if the marriage was registered outside the country, it must be registered in Spain before beginning the legal application procedure.
– It cannot be a civil union (“pareja de hecho”) or a divorced couple. The reduction to a single year would not be applicable in those cases.
–Integration with the Spanish culture.
– Demonstrate the possession of sufficient economic means. In this case, it will be about 150% of the IPREM, about € 800 per month.
–DNI of the Spanish citizen.
Remember that all foreign documents must have legal validity in Spain. If you want to know the procedure behind that, here you will find a guide on how to legalize or apostille foreign documents.
Which exams do I have to take to get nationality by marriage?
How long does this nationality take to be processed?
Again, the same as in other cases. Approximately 2 years.
However, as we have seen, the administrative litigation can expedite (and noticeably) the process; being able to get a positive response in a few months.
As for marriage, it will be important to also consider the timeframes as well.
That is because, in fact, depending on the region of Spain in which you live, it can take months after the registration is filed after its submission.
If you need help with the legal application process to get citizenship by marriage in the Spanish territory, let our immigration lawyers help you: