Spanish Citizenship by Marriage

Marriage to a Spanish national does not automatically give you Spanish citizenship. However, it can reduce the legal residence period required to apply for Spanish nationality by residence to one year.

To use this reduced residence period, you must have legally lived in Spain for one year. At the time you apply, you must also have been married to a Spanish national for one year and must not be legally or de facto separated.

This is one of several situations in which Spanish law allows an application after one year of legal residence. Other applicants may qualify under different one-year rules, such as people born in Spain and certain widows or widowers of Spanish nationals.

Article 22.2(d) of the Spanish Civil Code sets out the rule for spouses of Spanish nationals. It applies where, at the time of the application, the applicant has been married to a Spanish national for one year and is not legally or de facto separated.

A widow or widower of a Spanish national may also qualify under the one-year rule if the couple were not legally or de facto separated when the Spanish spouse died.

Page Contents

• Getting Citizenship Through Marriage in Spain
• Benefits of Marrying a Spanish Citizen
• Eligibility Criteria for Spanish Citizenship by Marriage
• Supporting Documents for Spanish Citizenship by Marriage
• Spanish Language Proficiency and Citizenship Test Requirements
• Applying for Spanish Citizenship by Marriage
• What Happens to Children Born During the Citizenship Process
• Spanish Citizenship by Marriage Processing Time and Fees
• What Happens After You Get Spanish Citizenship by Marriage?
• What If Your Citizenship Application Is Rejected?
• How Can Total Law Help
• FAQ

Key facts: Spanish citizenship by marriage

The Spanish government states that legal residence for nationality purposes must be lawful, continuous, and in effect immediately before the application. It also lists good civic conduct and integration into Spanish society among the nationality-by-residence requirements.

If you are granted Spanish nationality by residence, you become a Spanish national and an EU citizen. This can allow you to live, work and study in Spain without needing to maintain a Spanish immigration permission.

As an EU citizen, you may also move to another EU Member State to live, work or study. The conditions for staying in another EU country can depend on your circumstances, including whether you are working, studying or have sufficient resources.

Spanish nationality can also give you political rights in Spain, subject to the relevant electoral rules. EU citizens living in another EU Member State can vote and stand as candidates in municipal and European Parliament elections there under the same conditions as nationals of that Member State.

You may apply for a Spanish passport after acquiring Spanish nationality. A Spanish passport can make international travel easier, although entry requirements, visas and travel authorisations depend on the destination and can change.

Spanish nationality removes the need to renew a Spanish residence permit. However, nationality by residence is not identical to Spanish nationality by origin, and Spanish law sets out circumstances in which a person who acquired Spanish nationality may lose it.

You may apply for Spanish nationality by residence after one year of legal and continuous residence in Spain if you are married to a Spanish national. This is a reduced residence period under Article 22.2(d) of the Spanish Civil Code.

At the time of your application, you must have been married to a Spanish national for one year. You must also not be legally or de facto separated from your spouse.

Marriage to a Spanish national does not automatically give you Spanish nationality or the right to live in Spain. If you are outside Spain, you must first obtain the immigration permission that applies to your circumstances before building the legal-residence period required for nationality.

If you are married outside Spain, the marriage may need to be recorded in the Spanish Civil Registry before you apply. The Ministry of Justice nationality guidance requires a literal marriage certificate from the Spanish Civil Registry and the Spanish spouse’s literal birth certificate.

A civil partnership, known in Spain as a pareja de hecho, does not qualify for the one-year marriage exception. Civil partners may have access to residence options as family members of Spanish nationals, but their nationality-by-residence period depends on the rules that apply to their own circumstances.

Who Can Apply for Spanish Nationality by Marriage?

When applying for Spanish nationality by residence as the spouse of a Spanish national, you must submit the documents required by the Ministry of Justice for your circumstances. Documents issued outside Spain may need legalisation or an apostille, as well as a sworn translation into Spanish.

Your application should demonstrate that you meet the one-year legal residence requirement and the conditions that apply to spouses of Spanish nationals. Article 22.2(d) requires you to have been married to a Spanish national for one year at the time of application and not to be legally or de facto separated.

The documents requested may vary depending on your personal circumstances. The following list covers the core documents that applicants should prepare.

• A completed Spanish nationality by residence application
• A valid passport or travel document
• Your birth certificate
• Your Spanish spouse’s literal birth certificate
• A literal marriage certificate issued by the Spanish Civil Registry
• Evidence of one year of legal and continuous residence in Spain immediately before the application
• Evidence that you and your spouse are not legally or de facto separated, where requested
• Criminal-record certificates and other documents relevant to the assessment of good civic conduct
• Evidence that you passed the CCSE and DELE examinations, where required, or evidence of an applicable exemption or dispensation
• A copy of your Spanish spouse’s valid DNI or passport
• Proof that you paid the Spanish nationality by residence application fee

The Ministry of Justice requires applicants to pay a fee for nationality applications by residence. The published fee is €104.05, but you should check the official payment form before submitting the application, as fees may change.

Evidence of Marriage and Residence

If you are married outside Spain, you may need to register the marriage with the Spanish Civil Registry before submitting the nationality application. The Ministry of Justice guidance for spouses of Spanish nationals refers to a literal marriage certificate issued by the Spanish Civil Registry.

Your evidence should also show that you have lived legally and continuously in Spain for the required one-year period. Do not state that every applicant must hold a family-member residence card. The immigration document needed to establish legal residence depends on the applicant’s circumstances.

Documents for Widows and Widowers

A widow or widower of a Spanish national may qualify for the one-year residence rule if the couple were not legally or de facto separated when the Spanish spouse died.

In addition to the documents listed above, the applicant may need to provide the Spanish spouse’s death certificate and evidence relevant to the couple’s relationship before the death.

Applicants for Spanish nationality by residence may need to demonstrate sufficient knowledge and understanding of the Spanish language and of Spain’s constitutional and social framework.

If the requirement applies to you, you must pass the DELE A2 examination. DELE A2 is a Spanish-language examination set at the Common European Framework of Reference level A2.

Nationals of countries or territories where Spanish is an official language do not need to take the DELE examination. This exemption is based on the official-language status of Spanish in the applicant’s country or territory of nationality, rather than on whether the country is in Latin America.

Applicants may also need to pass the Conocimientos Constitucionales y Socioculturales de España examination, known as the CCSE. The CCSE assesses knowledge of Spain’s Constitution and its social and cultural framework.

Some applicants are exempt from the CCSE, including minors and people whose legal capacity has been judicially modified. Applicants who completed compulsory secondary education in Spain may apply to the Ministry of Justice for a total dispensation. Other exemptions or adjustments can apply in defined circumstances, subject to approval.

You should confirm the next available examination date and the test result release date with Instituto Cervantes before submitting your nationality application.

If you need a dispensation, the Ministry of Justice states that the dispensation application should be made before the nationality-by-residence application, except in the specific school-based circumstance it identifies.

Document Checklist

The Ministry of Justice’s nationality process provides for nationality-by-residence applications and payments through Form 790 code 026.

Marriage to a Spanish national does not automatically grant Spanish nationality. Before applying for nationality by residence, you must hold lawful residence in Spain for the required qualifying period.

The residence permission available to you depends on your nationality and personal circumstances. Spouses of Spanish nationals may be eligible for a temporary residence authorisation as family members. Where granted to a foreign person in Spain, this authorisation can be valid for 5 years, subject to its conditions.

You can apply for Spanish nationality by residence after completing one year of legal and continuous residence in Spain. At the time of application, you must have been married to a Spanish national for one year and must not be legally or de facto separated.

Applications for Spanish nationality by residence can be made electronically through the Ministry of Justice platform. The online application process includes an option for applicants who are married to a Spanish national.

Before applying, gather the documents required for your circumstances, including evidence of your identity, legal residence, marriage and compliance with the language and civic-knowledge requirements where applicable. You must also pay the nationality-by-residence application fee.

Documents issued outside Spain may need an apostille or legalisation, depending on the country that issued them. They may also need a sworn translation into Spanish. Check the Ministry of Justice requirements and the rules that apply to the country where each document was issued before submitting the application.

How Authorities Assess Your Marriage

For the reduced one-year residence period, the Spanish Civil Code requires you to have been married to a Spanish national for one year at the date of application. You must also not be legally or de facto separated.

Your application should include accurate documents demonstrating that your marriage remains valid and that you meet the nationality-by-residence requirements. The Ministry of Justice may request further information or documents as required to assess an application.

If your marriage was registered outside Spain, you may need to record it in the Spanish Civil Registry before applying. The nationality guidance for spouses of Spanish nationals refers to a literal marriage certificate issued by the Spanish Civil Registry.

If your spouse is a Spanish national when your child is born, your child is Spanish by origin. This applies whether the child is born in Spain or outside Spain.

If your child is born outside Spain, you should register the birth with the Spanish Civil Registry. The Spanish consulate responsible for the place of birth can explain the registration process and the documents required.

If you later acquire Spanish nationality by residence, your existing child does not automatically become a Spanish national. However, a child who is under your parental authority after you become a Spanish national may have a right to opt for Spanish nationality.

The nationality-by-option process has time limits. The option normally must be exercised before the child reaches 20 years old. If the person is not emancipated under their personal law at age 18, the deadline may extend until two years after emancipation.

Do not include the “If Neither Parent Is Spanish Yet” subsection in this article. It does not apply to a child whose other parent is already a Spanish national.

Processing Times and Fees

The Ministry of Justice’s nationality-by-residence procedure is available electronically, and applicants can check the status of a nationality file through the Ministry’s online service.

If your Spanish nationality by residence application is approved, you must complete further formalities at the Civil Registry. These steps include making an oath or promise of allegiance to the King and obedience to the Spanish Constitution and laws.

Your acquisition of Spanish nationality must then be registered in the Civil Registry. After registration, you can apply for a Spanish DNI and a Spanish passport.

If you hold another nationality, check how Spanish nationality law and the law of your other country apply to you. Some applicants for Spanish nationality by residence must declare that they renounce their previous nationality, although exceptions apply for nationals of certain countries.

A person who acquired Spanish nationality by residence may lose it if they use their former nationality exclusively for an uninterrupted period of three years after making a declaration of renunciation. This rule does not mean that every Spanish national with another nationality must use only a Spanish passport when travelling.

If you have questions about keeping another nationality or meeting the post-approval requirements, seek advice based on your individual circumstances before making travel or nationality decisions.

If the Ministry of Justice refuses your Spanish nationality by residence application, read the decision carefully. The decision should explain the reasons for the refusal and set out the options available to challenge it.

If you do not receive a decision within one year from the date your application enters the competent authority, the application is deemed refused by negative administrative silence.

This does not mean that your documents were fully assessed and refused through an express decision. It gives you the option to challenge the lack of a decision through the available appeal routes.

You may submit an optional appeal for reconsideration to the authority that made the decision. You may also bring a judicial challenge before the Audiencia Nacional without first submitting an administrative appeal.

An optional appeal for reconsideration must be submitted within one month of notification of an express refusal. If the authority does not decide on the appeal within one month, it is deemed refused by administrative silence.

For a judicial challenge, the time limit is two months from the day after notification of an express decision. If your application was deemed refused because there was no decision within one year, the time limit is six months from the day after the negative-silence decision took effect.

If the authorities ask you to provide additional documents or correct an issue with your application, respond by the deadline specified in the official request. Failure to respond can affect the progress of your case.

Outcomes and Next Steps