IN this week’s article, we are going to answer a question from a client, in relation to obtaining Spanish nationality:
Dear lawyer, I live in Spain, and I am married to a Spanish woman. I am British. For various reasons, including Brexit, I would like to apply for Spanish citizenship or nationality. Is it possible?
Although the specific case must be studied in detail, in principle, YES it is possible.
At White Baos Abogados we can help you in the application and processing of your nationality.
In these cases, you can apply for NATIONALITY BY RESIDENCE. Being married to a Spanish national, the required period of residence is very short.
Thus, for the granting of nationality by residence, the residence time of one year will suffice; for those who at the time of the application are married to a Spaniard for one year. In any case, the residence must be legal, continuous and immediately prior to the application.
In general, it should be taken into account, regarding the documentation to be provided, that:
– All documentation submitted must be current and updated at the time of submission.
– All documentation that is not in the Spanish language and comes from another country; must be legally translated – sworn translation – and apostilled.
The first thing they should know about this procedure is that, in nationality procedures, the longer or shorter duration of the procedure will depend, in part, on the ability to obtain all the information and documents.
Documentation that must be provided
Among other documents, the following must be provided:
Standard application form.
Foreigner Identity Card: Family Card of a citizen of the European Union.
Copy of complete and valid passport of the country of origin.
Certification of birth of the interested party, duly translated and legalised.
Criminal record certificate from your country of origin.
Birth certificate for the spouse issued in Spanish registry.
Updated civil registration marriage certificate.
Cohabitation certificate – justification of the time of marital coexistence.
Copy of municipal register in which both cohabiting spouses appear (Padron).
Birth certificate of the common offspring.
Criminal record certificate from the Central Registry of Convicts.
The Spanish language knowledge test (DELE). Minimum one LEVEL A2.
Sufficiency of financial means: any valid form of justification in law is admitted.
Swear of nationality
The nationality swearing is the last phase of the process. The person who obtains nationality swears or promises to respect the Spanish constitution, the king and the legal system.
It is formal and obligatory, and once that is done, a favourable resolution has been obtained as the nationality by residence has been approved. Nationality must be sworn or promised within 180 days from the day the nationality is received.
Please bear in mind that when a citizen applies for Spanish nationality by residence, he or she will normally have to renounce his/her nationality of origin. In case of not doing so, they will not be able to obtain Spanish nationality.
If you want to get legal advice on obtaining Spanish nationality, please contact us.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal matters.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2021 – All Rights Reserved.
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