Both Spanish citizenship and permanent residency allow you to live in Spain
Posted: Wed Dec 18, 2024 7:21 am
Spanish nationality is defined as the legal link that unites a person with the State, in this case with the Spanish State. It is a fundamental right that all people have.
We wonder how to obtain Spanish nationality and we can distinguish two ways:
Nationality of origin , that is, the State imposes nationality on the individual because he/she is included in the legally established assumptions. This is stated in articles 17.1 and 19.1 of the Civil Code . In this case, the subject's will employment database does not intervene, he/she is simply attributed Spanish nationality.
Acquisition of nationality : in this second way, the Spanish State grants the Spanish nationalityto those who have requested it by fulfilling the requirements established by the legislation. That is, in this case the individual actively intervenes by requesting nationality. This is regulated in articles 20 to 23 of the Civil Code . When nationality is acquired by this means, we will speak of non-native Spaniards.
On this occasion we are going to focus on the acquisition of nationality, in fact it can be done electronically and you can check your nationality at any time without having to go to any physical office. First of all, foreigners who wish to reside in our country must have been authorized to do so. Thus, we have temporary or permanent residence .
Temporary residence is the situation that authorizes you to remain in Spain for a period of more than 90 days and less than five years .
Long-term residency is the situation that authorizes one to reside and work in Spain indefinitely , under the same conditions as Spaniards.
If a foreigner has lived in Spain for more than five years , he or she can apply for permanent residence and after 10 years , he or she can apply for Spanish nationality (this is a general rule, since there are exceptions for certain people). If you start an application procedure, you can consult the file of the foreign nationality office at any time to find out what phase the procedure is at.
Acquisition of the Spanish nationality
The acquisition of nationality by residence is regulated in arts. 21.2 and 22 Cc , being a non-automatic way by which the nationality is obtained. Spanish nationality not of origin. In this case, the cause of acquisition of nationality is based on the fact of legal and continuous residence in Spain.
In addition to the residency requirement, the following are required :
Declaration by the competent authority of the concession
The declaration of will of the subject who is going to acquire it before the Civil Registry
Procedure for acquiring nationality
Article 22 of the Civil Code requires that the foreigner has resided in Spain " legally, continuously and immediately prior to the petition " for a period of 10, 5, 2 or 1 year, depending on the case.
Legal residence is understood to mean that the foreigner legally resides in Spain from the moment in which the residence permit or authorization is granted.
Regarding the period of legal residence in Spain required to apply for nationality, the general rule requires a period of 10 years of legal residence in our country. However, if certain circumstances occur abroad, this period of residence is reduced:
5 years are sufficient : if the foreigner has obtained refugee status.
Two years of legal residence will be sufficient for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal. Foreigners belonging to the Sephardic Community also benefit from this reduction in the period of residence.
Some foreigners can apply for the Spanish nationality for legal and continuous residence of one year in Spanish territory. Foreigners who are in any of the following cases may benefit from this reduction in the period.
We wonder how to obtain Spanish nationality and we can distinguish two ways:
Nationality of origin , that is, the State imposes nationality on the individual because he/she is included in the legally established assumptions. This is stated in articles 17.1 and 19.1 of the Civil Code . In this case, the subject's will employment database does not intervene, he/she is simply attributed Spanish nationality.
Acquisition of nationality : in this second way, the Spanish State grants the Spanish nationalityto those who have requested it by fulfilling the requirements established by the legislation. That is, in this case the individual actively intervenes by requesting nationality. This is regulated in articles 20 to 23 of the Civil Code . When nationality is acquired by this means, we will speak of non-native Spaniards.
On this occasion we are going to focus on the acquisition of nationality, in fact it can be done electronically and you can check your nationality at any time without having to go to any physical office. First of all, foreigners who wish to reside in our country must have been authorized to do so. Thus, we have temporary or permanent residence .
Temporary residence is the situation that authorizes you to remain in Spain for a period of more than 90 days and less than five years .
Long-term residency is the situation that authorizes one to reside and work in Spain indefinitely , under the same conditions as Spaniards.
If a foreigner has lived in Spain for more than five years , he or she can apply for permanent residence and after 10 years , he or she can apply for Spanish nationality (this is a general rule, since there are exceptions for certain people). If you start an application procedure, you can consult the file of the foreign nationality office at any time to find out what phase the procedure is at.
Acquisition of the Spanish nationality
The acquisition of nationality by residence is regulated in arts. 21.2 and 22 Cc , being a non-automatic way by which the nationality is obtained. Spanish nationality not of origin. In this case, the cause of acquisition of nationality is based on the fact of legal and continuous residence in Spain.
In addition to the residency requirement, the following are required :
Declaration by the competent authority of the concession
The declaration of will of the subject who is going to acquire it before the Civil Registry
Procedure for acquiring nationality
Article 22 of the Civil Code requires that the foreigner has resided in Spain " legally, continuously and immediately prior to the petition " for a period of 10, 5, 2 or 1 year, depending on the case.
Legal residence is understood to mean that the foreigner legally resides in Spain from the moment in which the residence permit or authorization is granted.
Regarding the period of legal residence in Spain required to apply for nationality, the general rule requires a period of 10 years of legal residence in our country. However, if certain circumstances occur abroad, this period of residence is reduced:
5 years are sufficient : if the foreigner has obtained refugee status.
Two years of legal residence will be sufficient for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal. Foreigners belonging to the Sephardic Community also benefit from this reduction in the period of residence.
Some foreigners can apply for the Spanish nationality for legal and continuous residence of one year in Spanish territory. Foreigners who are in any of the following cases may benefit from this reduction in the period.