Obtaining Spanish nationality by residence is now easier thanks to the possibility of processing the application electronically and the new legislation. According to official data from the National Institute of Statistics, it has been the most common method of obtaining it for years. Foreign citizens residing in Spain legally and continuously who meet the requirements can apply for and obtain Spanish nationality in this way. It is a process of great importance and with significant legal implications, therefore, given the situation of saturation of the administration and the changes in regulations, it is essential to have the appropriate information and advice to process the application correctly and obtain successful Spanish nationality by residence.
In order to apply for Spanish nationality by residence, the general minimum of legal and continuous residence in Spain is 10 years, although there are cases in which the number of years is reduced. The circumstances of the applicant determine the minimum period required, establishing different conditions for each exception.
As established in article 22 of the Civil Code, there are three basic requirements to apply for Spanish nationality by residence. Added to these requirements is the obligation to present the documentation required for the management of the procedures and the accreditation of the conditions required by the requirements. In addition, all documents submitted must be duly translated and legalized where necessary.
Once the requirements have been checked and with the necessary documentation, there are various ways to start the procedures to apply for Spanish nationality by residence. In the first place, it is possible to make the request through the Public Registry, in any of the entities referred to in article 16 of Law 39/2015, of October 1. It can also be managed by postal mail and electronically, through the Electronic Office of the Ministry of Justice, as long as there is a digital certificate. Finally, the application can be submitted through the enabled platforms and with an authorization agreement for the electronic submission of documents.
With the request begins the wait for the concession, that is, the term of resolution of the Ministry of Justice. The resolution will be notified to the applicant or his legal representative in the manner indicated in the application. The maximum resolution period is one year, and the interested party may file a contentious-administrative appeal if no response has been received within this time.
The Ministry of Justice, with the intention of resolving the delays dragged by the administration as far as file management is concerned, has recently implemented a robotic procedure that is making it possible to streamline procedures. During the first seven months of operation of the new system, the new system has processed around 150,000 grants of Spanish nationality by residence. Considering the option of carrying out the procedures electronically and the current improved circumstances, it is advisable to have legal advice to guarantee that the application is processed correctly in the first instance and thus obtain Spanish nationality by residence in the shortest possible time.
