Every person at least once dreamed of living in a place where it is always sunny and warm. Spain is just such a place. This is one of the most beautiful countries in Europe, occupying the fourth position among the economies of the European Union. Thousands of our citizens have already left for this country in search of happiness and a better life.
In Spain, food can be bought at reasonable prices, and the cost of housing is affordable for many categories of citizens.
As in most countries, Spanish legislation is friendly to emigrants and gives them the opportunity to obtain citizenship.
The Russian diaspora includes over 100,000 people.
Mediterranean coast of Spain in the province of Murcia
Advantages and disadvantages of Spanish citizenship
Spain is a country with a hot Mediterranean climate. Here the sun shines most days a year, and the country itself is located on the Mediterranean coast.
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In 2021, the conditions for granting citizenship in Spain contain a sufficient variety of grounds, so people from the CIS prefer to move to this country.
People from post-Soviet countries in Spain
The procedure and methods for assigning Spanish nationality (nacionalidad española) are similar to the procedure and requirements for issuing a sovereign passport in other European countries.
Citizen's rights under the law
Legislation regulates legal relations between the state and the citizen. Articles 12 and 23 of the Spanish Constitution provide that:
- Every citizen of Spain has the right to vote and to be elected;
- participate in the political life of Spain personally or through a representative;
- freely visit countries that are part of the EU;
- organize a business in Spanish territory;
- work in any EU state;
- live in another EU state legally;
- priority to apply for the best positions;
- priority to receive medical care, state support, and the right to subsidized housing.
It is recommended to visit the country several times as a tourist in order to decide when and to which city it is better to move, and also to understand how important it is to become a citizen of this state.
Which Spanish provinces do expats most often choose to live in?
Bipatrism in Spanish
To determine whether dual citizenship is allowed in Spain, we turn to the Spanish Constitution (Constitución Española). In accordance with it, the state is endowed with the opportunity to conclude international treaties on dual citizenship with the countries of Central and South America, as well as with any other countries with which Spain has been able to strengthen special relations.
The Constitution allows citizens of some countries to become Spanish citizens while retaining their previous nationality, as well as allowing Spaniards to obtain passports from such countries while remaining under Spanish protectorate.
And such agreements have actually been concluded. For 2021, they apply to all Latin American countries, as well as Portugal, the Philippines, Equatorial Guinea and Andorra. For citizens of these countries, there is a simplified regime for obtaining Spanish passports “at the place of residence” (por residencia).
In accordance with the Código civil (Civil Code), instead of 10 years of compulsory residence in the kingdom in general cases, they have the right to become an indigenous person after two years of continuous residence. However, such foreigners are an exception - they do not need to renounce their previous citizenship, which is valid on the same basis as a Spanish passport.
For all other foreigners with whom there is no treaty base, according to the Código civil, there is a mandatory rule: they must renounce their previous citizenship before acquiring Spanish citizenship.
For violators, according to paragraph 1 of the Código civil, there is even a penalty: they will lose their Spanish passport if for three years they use a passport of another country, in respect of which they refused when applying for Spanish citizenship (does not apply to Spaniards by origin).
It turns out that only dual citizenship is allowed on Spanish territory, but not multiple citizenship? Formally, yes. But it would be unfair not to consider practice and other regulations.
For example, clause 9 of the Código civil declares the priority of Spanish citizenship in relations between an individual and the state if, in addition to Spanish, he has passports from other countries, and this is not provided for in international treaties with the kingdom. There is an application of the above-described principle of a “sleeping” indigenous person, when the state considers a binational individual exclusively as its citizen, regardless of his other citizenship.
Thus, the legislator nevertheless provided for situations where migrants, along with a legal connection with Spain, may have at least one more citizenship. And although their active use is fraught with the loss of patronage from Spain, in practice such “illegal” bipatrism is a very common phenomenon, including on the part of Russians. Moreover, in Russia the attitude towards bipatrids is much more loyal.
Obtaining citizenship
According to the law, it is possible to obtain Spanish citizenship only after 10 years of permanent legal residence in Spain, recognizing and observing the Constitution of the country, without creating problems for Spanish society, without breaking the law. An important condition is that everyone entering the country must be legalized. If you intend to stay there forever, then be sure to keep all the documents on the basis of which you would be allowed to reside in Spain.
When applying for citizenship you must provide:
- an explanation of the purpose of living in the country in the form of an application, documentary support for your words;
- registration documents (done in the local municipality for the entire period of residence);
- confirmation that there were no criminal convictions during your stay in the country.
The decision for each applicant is considered individually.
Standard of living in Spain. A useful video for those who are thinking about citizenship of this country.
Deadlines for obtaining a Spanish passport
The waiting period for an application received from an applicant can last 3 years or more.
Many lifestyle factors of the applicant for Spanish citizenship are taken into account and checks are carried out. During this time, the immigrant may be repeatedly called for additional interviews, also together with a relative or spouse, if the person applies for citizenship under the family reunification program.
Spanish court decision
In 2021, as before, citizenship is assigned by decision of a Spanish court. The court decision is sent to the addressee by mail.
General information about Spanish citizenship
Spain does not provide for dual citizenship as such. Therefore, if you want to become a citizen of this country, keep in mind that you will have to sever ties with your home state.
An important point: for the convenience of readers, we use the concept of “Spanish citizenship”. However, it is worth considering that it is correct to say citizenship, since Spain is a monarchy. The formation of a legal connection between Spain and you will result in you being subject to the laws of the country.
And for successful adaptation, it is advisable to join the local society. And it must be said that not all Russians are actually ready for such changes.
Are you ready to join Spanish society?
The Spaniards are passionate, sociable and loving people. However, they do not believe that age should be a reason to deny oneself the joys of life. But many things are looked at completely differently. For example, in Spain they enter into same-sex marriages (civil partnerships). Therefore, before changing citizenship, it is better to visit the country and look at it not from the position of a tourist.
Simplified acquisition of citizenship for certain categories of citizens
Certain categories of citizens can take advantage of the right to a simplified procedure for issuing a Spanish passport in 2021. You can do this if:
- were born on the territory of this country;
- you are a descendant of people who were Spanish citizens, and of course you can prove it;
- The Spaniards took you into their family, that is, adoption took place;
- are a child of Spanish citizens.
There are a number of countries from which the time for legal stay in the country before submitting an application has been reduced. These privileges are enjoyed by people from Andorra, the Philippine Islands, Equatorial Guinea, Portugal, and Latin America. For representatives of these countries, the requirement for the period of residence in Spain for the purposes of conferring Spanish citizenship is reduced from 10 years to 1 year.
All other categories of citizens are required to apply for citizenship in the usual way, observing all the conditions.
Immigration processes in Europe
Spain and Russia
Dual citizenship is the presence of two nationalities that are recognized by both states and do not require renunciation of one of them. This is the fundamental difference between “dual citizenship,” which insists on mutual exclusion, and “two citizenships.” In the second case, a person has two nationalities that are not mutually recognized by states.
To date, Spain and Russia do not have an agreement on 2nd citizenship. Thus, for Russian citizens, dual citizenship in Spain is NOT permitted by the legislation of both countries.
If you want to obtain Spanish citizenship, you will need to write a waiver of Russian citizenship, but this waiver will only be valid in Spain.
For it to enter into legal force, a Russian must renounce his citizenship before the internal affairs bodies of Russia.
The settledness of the Russian population in this state is quite large. And Russians often become holders of two passports. In this case, we are talking about two, and not dual citizenship. These concepts are very often confused.
It is important to understand that the Spanish Civil Code provides for the deprivation of a person of Spanish citizenship in the event that a foreign citizen uses the citizenship of another country, which he previously undertook to renounce. It is important to remember this when it comes to paperwork.
Temporary or long-term residence permit - first stage
Before becoming a full citizen of Spain, you must legally reside in its territory. Accordingly, it is required to obtain a residence permit (residence permit) in Spain, without which permanent legal residence in the territory of the state is impossible.
Spanish residence permit
There are several different types of residence permits:
- initial residence permit for a period of 1 year with subsequent extension;
- regular residence permit, valid for 3 years with the possibility of extension;
- Residence permit for family reunification.
Initial residence permit
The first step to obtain a residence permit will be to enter the country with a Schengen or national visa, usually category D. This visa category allows you to enter the country to study or work for a period of more than 6 months. The last date of validity of this visa will be the first day of the process of initial registration of a residence permit for a period of one year.
A residence permit allows you to enter the countries of the Schengen zone.
This document can be renewed an unlimited number of times, but the third renewal becomes a reason to apply for permanent residence (permanent residence).
The grounds for extending the initial residence permit may be a contract with the employer or with the educational institution of which you are a student.
Regular residence permit
This type of residence permit is valid for 2 years.
After the permit expires, you can either apply for its extension again for 2 years, or apply for a permanent residence permit in Spain.
Legal residence in Spain for 5 years
If there is no goal of becoming an official resident of Spain, a regular residence permit can simply be extended for another 2 years. If the applicant submits an application for permanent residence (permanent residence) after the expiration of the double period of residence permit - that is, 5 years of residence on the territory of the state - in the absence of situations that prevent this - the authorities will grant permanent residence for 5 years with the possibility of extension.
You must apply for a residence permit at your local Registro Civil office.
Acceptance of documents at the Spanish registration service
Applying for Spanish citizenship
Another 5 years after obtaining permanent residence, that is, in just 10 years, a foreigner receives the right to apply for citizenship.
You will need:
- Pass an exam on the history, culture and basic legislation of the country.
- Learn Spanish and demonstrate that you speak it.
- Take the oath to the king (don't forget that we are talking about the monarchy!).
- Renounce Russian citizenship.
The mechanism for granting citizenship itself has been streamlined. Plus it is standard, it follows the same pattern. And it hasn't changed for years.
Life in Spain is always full of colours. And these colors will sparkle for you, you just need to get a passport...
permanent residence
This resolution has several points that are worth paying attention to. The following citizens can obtain the right to permanent residence:
- any person who has resided permanently in Spain for at least 5 years;
- children who are under the care of social institutions in Spain from 5 years old;
- refugees after 5 years of stay in the country. This right is retained only if they are in danger in their home country.
A permanent residence permit (PRP) has no time limits, but it must be confirmed every 10 years. Once the period has expired, the right to apply for citizenship arises.
Starting a business in Spain
In order to register an organization, you first need to decide on its type. The most popular types of organizations in Spain are:
- Individual entrepreneurship
(
Empresario Individual
or
Autonomo) - Partnership
(
Sociedad Civil).
The organization must be registered for at least two people. There is no minimum capital requirement for registration. - Limited liability company
(
Sociedad Limitada
/SL or
Sociedad de Responsabilidad Limitada
/SRL). Registering this type of company is quite simple - it will take up to three weeks to collect all the papers. However, there are requirements for a minimum capital of 3,000 euros. - Open joint stock company
(
Sociedad Anonima
/SA). To register this type of organization, you need at least one shareholder and an initial capital of 60,000 euros. - Limited Company New Enterprise ( Sociedad Limitada Nueva Empresa
/SLNE). It is a simplified form of LLC. A company needs between one and five shareholders to operate.
In order to register an organization in Spain, a foreigner must first obtain a personal tax identification number NIE.
You can submit an application to the migration office or the police. It is also possible to obtain a tax number from the Spanish Embassy in your home country. You only need to have your international passport and its copy, 2 photographs and a completed application form with you. To consider the application, you need to pay a state fee of 10 euros.
After receiving documents from the tax office, you can register the company in the Spanish Trade Register ( Registro Mercantil Central
). You can do this directly on the website.
Once the company is registered, the foreigner must issue a CIF - tax number for the company. What documents and forms are needed to obtain a number can be found on the website.
The next step in opening a company in Spain will be the preparation of bank accounts and the act of registration. After which the owner needs to contact the local government tax authority and register the organization with the authorities.
How to get a Spanish passport
There are several reasons for issuing a Spanish passport to an immigrant.
Ways to obtain Spanish citizenship
By origin
If there are Spaniards in the family, it is necessary to collect a package of documents confirming this fact and submit it to the consulate for consideration.
Automatically receive the desired Spanish citizenship in 2021:
- a child found on the territory of this country, if there is no information about the parents and they could not be found;
- if the mother and father of the child are stateless and registered for permanent residence in Spain;
- children who were taken into their family by the Spaniards, that is, adoption took place;
- if the child's parents are Spanish citizens.
All other categories of citizens are required to apply for citizenship in the usual way, observing all the conditions.
Naturalization
This is the most common way to become a resident of Spain officially.
The application for naturalization does not have strict conditions. Any person has the right to submit a petition if he believes that there are grounds for this. And the basis, in turn, can be long-term legal residence in the country and adherence to the rules of the law.
Foreign passport of a Spanish citizen
Family reunion
Invited spouses and their children receive this right. Initially, Spanish legislation prohibited invited spouses from getting a job, but this restriction has now been lifted.
Family reunification also means moving to your parents, but there are nuances here. Firstly, parents must reside in the country for at least 5 years. And secondly, they must be of the retirement age established in Spain - 65 years. You will need to request written permission from the authorities, attaching the following documents:
- confirming family ties;
- confirming money transfers from children to parents as financial assistance.
To find out the amounts and frequency of transfers, you should consult with a lawyer.
Marriage to a Spanish citizen
Registration of marital relations is allowed not only on Spanish territory, but also in the homeland. In both cases, the Spanish marriage will be considered valid.
Number of marriages of Russians with citizens of other countries
A Russian man or woman will be issued a residence permit with a 5-year period to move to Spain. You can apply for citizenship upon concluding a barque with a Spanish citizen within a year. However, family relationships will be checked by the migration officer for fictitiousness.
Business immigration to Spain
You can obtain citizenship by investment in several cases.
Options for investing in the Spanish economy, sufficient to grant citizenship:
- acquisition of government bonds totaling over 2 million euros (€);
- purchase of assets of Spanish companies in excess of 1 million euros (€);
- placing 1 million euros (€) in a bank account in a Spanish bank.
Investors are not required to live in the kingdom all year round, since doing business often involves traveling to different countries. Staying in the Kingdom for six months is enough. However, citizenship is assigned under general conditions - after 10 years.
Property in Spain
Russians occupy third position according to statistics in the list of luxury real estate purchases in the Kingdom of Spain.
England, France and Russia are the three leading countries whose citizens invest more than others in buying real estate in Spain
The process of purchasing real estate is not complicated, but lengthy.
The procedure for obtaining Spanish citizenship when purchasing real estate:
- the main condition is that the housing must be valued at 500,000 euros (€);
- the funds must be earned outside of Spain;
- a residence permit is issued for 2 years;
- a work permit is registered;
- a request is created for issuing a permit for permanent residence after 5 years.
Simultaneously with the request for permanent residence, a request for assignment of citizenship is generated.
At the same time, a Russian can apply for a Spanish loan for the purchase of real estate. After 5 years of owning the property under a loan agreement, it can be rented out. If housing is purchased with personal funds, it is necessary to confirm their legal origin.
You should visit your house or apartment at least once a year to carry out repairs and maintain cleanliness.
Buying real estate in Spain – this is what the next video is about.
Option
If a Russian is disabled, is under the care of a Spanish organization or a Spanish citizen, he can submit an application for citizenship for consideration after 2 years.
Refugee and asylum
The Geneva Convention provides for refugees and stateless persons to receive asylum in Spain. It is necessary to prove the fact of real persecution in one’s homeland. The refugee is provided with housing, social benefits, and gets a job. The refugee becomes a legal resident of Spain after 5 years. There is no testing procedure or language proficiency exams for this category of people.
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How to obtain Spanish citizenship?
Spanish law provides the following ways to obtain Spanish citizenship:
- Based on a residence permit (Residencia);
- In the process of naturalization (Carta de naturaleza);
- By origin (Españoles de origen);
- At the discretion of the state (Posesión de estado);
- Based on option (Opción).
Spanish citizenship based on a residence permit
As described earlier, this is a form of acquiring Spanish citizenship that requires the foreign citizen to legally reside in Spain for ten years, who is also the holder of a residence permit card.
This is one of the most common grounds for applying for Spanish citizenship. This also includes the grounds for the petition in connection with marriage with a Spanish citizen.
Spanish citizenship by naturalization (Article 21 of the Spanish Civil Code)
This form of acquiring Spanish citizenship is voluntary and is therefore not subject to the general rules of administrative procedure. Citizenship in this case can be granted or not, in connection with the Royal Decree, at the discretion of the government, and after analysis and assessment of the exceptional circumstances in each specific case.
An example is the resolution adopted by the Council of Ministers on March 12, 2004 in connection with the events that occurred in Madrid on March 11, 2004. According to this resolution, Spanish citizenship is granted to victims of terrorist attacks and members of their families (Official Gazette no. 70 of 22/03/2001).
Spanish citizenship by descent (Article 17 of the Spanish Civil Code)
The following people are of Spanish origin:
- children born to Spanish parents;
- children of foreign parents born in Spain, if at least one of the parents was born in Spain (with the exception of children of diplomats).
Spanish citizenship granted at the discretion of the state ( Article 18 of the Spanish Civil Code)
A person who has continuously and conscientiously enjoyed all the rights to citizenship for ten years (without knowing the real situation regarding the legalization of his status), has been registered with the registry office and has demonstrated good behavior and respect for Spanish laws throughout the entire period is entitled to Spanish citizenship.
Spanish citizenship by option (Article 20 of the Spanish Civil Code)
An option is a kind of opportunity to obtain Spanish citizenship, subject to certain conditions, offered by Spanish law to foreign citizens. Thus, the following categories of Spanish citizens are entitled to obtain Spanish citizenship:
- persons who were or are under the guardianship of Spanish citizens;
- persons whose father or mother was Spanish and born in Spain;
- persons who were adopted by Spanish nationals and have the right to choose citizenship within two years after the fact of adoption.
An application for obtaining Spanish citizenship on the basis of an option can be downloaded on the Internet or you can obtain an application form directly from the civil registry office (Registro Civil) at your place of residence.
List of required documents
To submit an application, you must provide the following documents (required in all cases):
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions, or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any.
The following documents may be requested in certain cases:
- For refugees
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner's identification card confirming his refugee status;
- Blue Geneva Convention passport dated 1951 (if available);
- Registration certificate;
- Refugee certificate issued by the Office of Asylum and Protection of the Ministry of Internal Affairs, which states:
- Full name
- Date and place of birth
- Parents name
- Confirmation of refugee status
This certificate is valid for six months from the date of issue.
- Birth certificate of minor children. If minor children have refugee status in Spain, it is necessary to provide a certificate stating the situation of the children.
- Standard application form approved by Decree dated 07/05/07 and published in the Official Gazette dated 25/07/07 (BOE25/07/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions, or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any;
- The applicant's birth certificate, issued by the Spanish Civil Registry Office.
- For those who did not exercise their right to option at one time
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any;
- Birth certificate of a Spanish father/mother.
- For adults in guardianship, guardianship or foster care
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified.
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any.
In addition, in cases of foster care, permission from the competent court must be granted to appoint a person who will provide care, guardianship or assistance. In cases of assistance from a Spanish institution, it is necessary to provide permission from this institution, which assumes the obligation to provide guardianship, guardianship or assistance.
- For persons married to a Spaniard/Spanish woman. Regardless of the period of legal residence in Spain required to obtain Spanish citizenship, in the case of marriage with a Spaniard/Spanish woman, the following documents must be provided:
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions, or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any;
- Birth certificate of the Spanish spouse, issued by the Spanish Civil Registry Office;
- Marriage certificate issued by the Spanish Civil Registry Office;
- Certificate of cohabitation or joint registration with your spouse.
- For widows/widowers of a Spaniard/Spanish woman
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions, or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any;
- Birth certificate of the Spanish spouse, issued by the Spanish Civil Registry Office;
- A marriage certificate issued by the Spanish Civil Registry Office, with a renewal date close to the date of submission of the application for citizenship;
- Death certificate of spouse;
- Certificate of cohabitation or joint registration with the spouse as of the date of death of the spouse.
- For descendants of Spaniards (who cannot claim the application of the seventh additional provision of Law 52/2007)
- Standard application form approved by Decree dated 05/07/07 and published in the Official Gazette dated 07/25/07 (BOE 07/25/07);
- Foreigner Identification Card, Family Card of a Citizen of the European Union or Foreigner's Certificate from the Central Civil Registry Office;
- Passport;
- Registration certificate;
- The applicant's birth certificate, duly translated and certified;
- In the case of an adult applicant, a certificate of good conduct issued in the country of origin, translated and certified in accordance with existing international conventions, or a certificate of good conduct issued by the consular authority;
- Confirmation of funds for living in Spain (this can be an employment contract, pay slips, employment report from the Treasury of the social security authorities or other document confirming the availability of funds);
- Birth certificate of minor children, if any;
- Birth certificate of the Spanish father/mother;
- Birth certificate of grandparents only when one or both of them had Spanish ancestors. In this case, it is also necessary to provide the birth certificate of the father/mother of the Spanish ancestor, whether he/she was or was not Spanish.
Judicial practice shows that in addition to these basic documents, confirmation of the applicant's registration of Spanish citizenship with the consular register of his country is often required. The consideration of citizenship cases is within the competence of the judge, who may make a demand for the provision of other documents not indicated here.
Making a decision on the application and further procedure
After submitting all documents, a day will be set for taking the citizenship exam. One will be on the culture, politics and history of Spain, and the second on knowledge of the Spanish language DELE (not applicable for people from countries where Spanish is the official language). The minimum established level of language proficiency is A2. If you have previously received a DELE certificate for level A2 or higher, it will need to be added to your application documents; you will not need to take the exam again.
A new resolution dated November 7, 2015 established the maximum time frame for consideration of an application - 1 year. If no response is received after 12 months, this means that the request has been rejected.
In the case of obtaining Spanish citizenship on the basis of a residence permit (including cases of marriage), by naturalization or through an option:
- all citizens who have reached the age of 14 and are capable of making their own declaration must swear or promise to remain faithful to the King and to obey the Spanish Constitution and its laws;
- all citizens must declare a renunciation of their previous citizenship.
Obtaining citizenship is registered with the Spanish Civil Registry Office. Spanish law states that a citizen must have one given name and two surnames (the father's first surname and the mother's first surname). The possibility of making minor changes in the registration of surnames as a result of the adaptation of a foreign language into Spanish cannot be ruled out.
NOTE:
When accepting Spanish citizenship, a document renouncing previous citizenship is signed in court. In the case of Russian citizenship, it is important to note that the Russian Federation does not recognize this document. According to the laws of the Russian Federation on Russian citizenship, you cannot be automatically deprived of Russian citizenship. In order to lose citizenship of the Russian Federation, firstly, you must personally appear at the Russian consulate, secondly, write an official petition to deprive you of Russian citizenship, indicating the reasons on which this can be done, and then they will consider and decide the issue of deprivation or no real citizenship.
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What you should know about obtaining citizenship
Before applying for Spanish citizenship, it is better to realistically assess your capabilities and prepare so that everything goes perfectly. As already mentioned, where you are born, and who your parents are by birth and officially, greatly influences the acquisition of citizenship.
After all, there may be no need to go through a complex registration procedure if, for example, you were born in Spain. All benefits for different citizens are described above.
Top countries that Russians choose for immigration
What about ordinary citizens? It's simple. If you have already officially lived in Spain for 10 years, then you can safely go to the Registro Civil with an application for citizenship.
We recommend preparing the following list of documents in advance:
- statement;
- national passport;
- family card, if available;
- birth certificate;
- history of residence permit, permanent residence;
- an invitation to work, if available;
- labor contract;
- certificate of salary;
- registration with a local municipal office;
- a certificate from a Spanish police station confirming that there has been no violation of the law;
- extracts from bank accounts in Russia and Spain;
- a certificate stating that there was no criminal record in the home country.
certificate of good conduct
Documents are duplicated into Spanish by a certified translator working in an accredited bureau.
If we talk about the advantages of citizenship compared to permanent residence, then it is worth noting only obtaining the right to vote, obtaining a passport and the opportunity to find a better-paid job in Spain.
Double citizenship
An agreement has been concluded between Spain and some countries to allow immigrants to maintain dual citizenship. Russia, unfortunately, is not one of them.
List of countries from which dual citizenship with Spain is provided:
- Latin America;
- Andorra;
- Philippines;
- Portugal.
Spain is on the list of countries where second citizenship is prohibited
Dual citizenship
The concepts of “dual citizenship” and “two citizenships” are different. A person who has dual citizenship and lives in one country is exempt from performing civic duties, such as paying taxes or serving in the army, in the second. And having two citizenships, you will have to comply with legal obligations in both countries.
Russia does not prohibit having two citizenships. In other words, no one will force a person who has received Spanish citizenship to renounce Russian citizenship.
An undoubted advantage is that the Spanish authorities do not take away the Russian passport at the time of assignment of new citizenship. Therefore, people often do not even inform Russia that they have a second citizenship and continue to use a Russian passport to travel to their homeland. This avoids the need to obtain a Russian visa.
Required documents
To obtain Spanish citizenship, you must collect, prepare and subsequently submit the following documentation to the Ministry of Justice:
- personal statement;
- Russian foreign passport and birth certificate;
- Spanish identity card (one of its three varieties) - an identification card of a foreign citizen, a similar family document confirming membership in an EU state or a non-resident certificate;
- a certificate confirming the absence of problems with the law - issued by the police;
- a document showing that the applicant has continuously resided in Spain for the required period;
- if there are minor children, documents for them;
- paper certifying registration in the Kingdom;
- confirmation of having a permanent income in Spain (certificates for the previous three months);
- receipt for payment of state duty.
It is possible to submit an application electronically, with scanned copies of documents attached.
Note!
Documentation for obtaining a Spanish passport can be submitted electronically.
Refugees must submit:
- an identification card confirming this status;
- passport issued in accordance with the 1951 Geneva Convention;
- a document confirming registration in this capacity;
- appropriate identification indicating personal data.
Widows or widowers of Spanish subjects will be required to:
- a document certifying the death of a spouse;
- confirm that cohabitation was taking place at this time.
Applicants for Spanish citizenship based on nationality or the presence of Spanish relatives must confirm the presence of:
- relevant family connection;
- documents indicating Spanish roots (in two previous generations);
- Russian consular registration.
All documentation must be translated into Spanish and notarized.
It is worth considering that to obtain Spanish citizenship you need to wait in line just to submit documents. They are considered for about a year, a positive result is not guaranteed.
The candidate is invited to an interview at his place of residence upon registration to test his knowledge of the history, national traditions and culture of the Kingdom. Also, after submitting the documentation, you must pass a Spanish language exam conducted by testing. Given the long minimum period of residence in the country before obtaining citizenship, the interview and exam will not be particularly difficult for those who really want to naturalize.
Passing the citizenship test (interview)
The interview is conducted at the Spanish Ministry of Justice by a judge. Local residents or neighbors may be invited as witnesses assessing the applicant's behavior.
The tests are conducted by accredited organizations and allow you to determine your level of knowledge of the Spanish language, both written and spoken.
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The level of language knowledge must be:
- not lower than A2;
- with DELE certificate.
You must register for testing in advance. Online registration is allowed on the website.
You must answer 25 questions in Spanish.
Additional questions include topics such as:
- geography of the country;
- its culture;
- national characteristics and history of the people;
- knowledge of the basics of the Constitution;
- names of the first persons of the state;
- administrative division of the state apparatus;
- modern history of Spain;
- colors of the country's flag, symbols of the national emblem, etc.
Upon completion of the test, a corresponding document is issued. One retake of the test is allowed after 1 year if it was not passed the first time.
Certificate confirming your level of Spanish language proficiency
Payment of the fee
The government testing fee is set at 85 euros (€).
Procedure for obtaining Spanish citizenship in 2021
An applicant for Spanish citizenship must demonstrate sufficient integration into Spanish society and good behavior.
In most cases, you can only obtain a nacionalidad española after ten years of legal residence in the kingdom. However, there are exceptions to the general 10 year rule:
- 5 years for refugees;
- 2 years for immigrants from Portugal, Andorra, the Philippines, Latin America or descendants of Sephardim (Jews expelled by the inquisitors);
- 1 year for those born in Spain (under certain conditions), for spouses of Spanish citizens, for descendants of ethnic Spaniards, for widowed spouses of Spanish citizens.
Obtaining residence permit and permanent residence
Within 3 months after arriving in Spain on a national visa, a foreigner is required to obtain a residence permit. For the first 5 years it is temporary and requires regular renewal. Then permanent residence permit (permanent residence permit) is issued for the next 5 years. Read more about the various options for obtaining a residence permit in our article at the link.
Collection and submission of documents
The package of documents for the provision of nacionalidad española consists of a mandatory block and an additional one, which is completed depending on the basis of the application.
You can apply for citizenship at the Registro Civil (the Spanish equivalent of the civil registry office) at your place of residence or online on the website of the Ministry of Justice.
Required documents:
- application in the approved form;
- a choice of a foreigner identification card, a family card of an EU citizen, a certificate from the registry office;
- registration certificate;
- passport;
- the applicant's birth certificate, translated and certified;
- for adults, a certificate of good conduct in their “home” country is required;
- confirmation of financial solvency (employment contract, report from the Treasury of social security authorities or other document);
- If there are minor children, their birth certificates will be required.
Documents for Spanish citizenship
As additional documents you can provide:
- refugee certificate;
- marriage certificate and necessarily the birth certificate of the Spanish spouse;
- birth certificate of the Spanish mother/father;
- proof of ownership of real estate or shares worth more than 500 thousand euros.
After receiving the documents, the date of passing the citizenship exam (CCSE) and knowledge of the Spanish language (DELE) is determined. If you have previously received a DELE certificate of level A2 or higher, it is attached to the initial package of documents and there is no need to retake the exam.
The case for granting citizenship is considered by a judge in the standard manner. He may request any additional documents.
Citizenship exam
Since October 2015, every applicant for Spanish citizenship is required to pass the CCSE prueba exam on the sociocultural structure and constitutional system of Spain. The Instituto Cervantes, whose examination centers are located not only in Spain, but throughout the world, is authorized to determine the structure of questions and the procedure for passing the exam. The Spaniards exempted incapacitated and minor foreigners from having to take the exam.
Spanish Citizenship Exam
The CCSE exam is held on the last Thursday of each month except August and December. There are many people who want to go through it. Pre-registration is required on the Instituto Cervantes website. The system offers available places for the selected month at the examination center of the desired city.
What is the exam like?
In the CCSE exam, the system randomly generates a set of 25 questions covering all areas of Spanish life:
- state, administrative system;
- geography, territorial division (Spain has many autonomous regions);
- cultural traditions;
- Spanish society.
You must answer at least 15 questions correctly. All questions and answers are offered strictly in Spanish.
The exam starts simultaneously in all centers. 45 minutes are allotted for answers. The results are announced after 20 days.
The cost of the exam at the Instituto Cervantes is 85 euros.
How best to prepare for it?
Every year, the Cervantes Institute offers brochures to help you prepare for the citizenship exam. They contain a lot of useful and interesting material. In addition, all 300 questions from which the exam tests are formed are available. To successfully pass the CCSE, you must memorize all questions and answers. Spaniards are conservative. In the tests, the questions and order of answers exactly correspond to the list approved by the Institute.
Time frame for obtaining citizenship
An application for Spanish citizenship can take an average of 1 year to be processed. If after its expiration no response is received, citizenship is considered to be denied.
In case of a positive decision on granting nacionalidad española, it will be necessary to take an oath of allegiance to the King and the intention to comply with the laws of Spain. After this, you need to register with the registry office. However, according to Spanish law, it is necessary to indicate one name and two surnames (father and mother). “Native” surnames are allowed to be adapted into the Spanish manner.
Reasons for refusal of Spanish citizenship
There are several reasons for refusing to issue a Spanish passport. Reasons for refusal of Spanish citizenship:
- There are not enough documents for conferring citizenship, there are errors in them;
- law violation;
- insufficient financial viability at the time of re-registration of a residence permit.
A person who breaks the law is not only not recognized as a resident of Spain, but is also deported from the country with an entry ban.
The climate of Spain is perfect for moving to this country for permanent residence. We recommend watching the following video.
Labor Law in Spain
You can work in Spain only if you have a residence permit or a visa that allows you to work. In the case of a residence permit that does not imply employment, such as a student's permit, it is necessary to obtain a work permit.
Who, according to the Spanish law on foreigners, needs to obtain a work permit, and who can get a job without one - read here.
The relationship between employee and employer is strictly regulated by Spanish labor law.
Here are some features of employment in Spain:
- The maximum number of hours an adult can devote to work is 40 per week.
- The employee must choose if he wants to receive his salary 14 times a year (12 for each month and 2 additional in July and December) or 16 and a half.
- The employer must allocate leave once a year for a period of three weeks.
- In case of illness, the employee must make an appointment with a doctor and provide a certificate.
