Saturday, June 3, 2017

Can I acquire Spanish nationality?

Can I acquire Spanish nationality?


    1. If your father / mother is Spanish and born in Spain, to examine your case, request anappointment here and know what the required documentation
    2. If your father is Spanish and born outside of Spain and: Your father acquired Spanish nationality before you were born, to examine your case, request an appointment hereand know what documentation is required
    3. Your father / mother acquired Spanish nationality after you were born, and you were a minor at that time, and today you have:
      • 20 years or more: You can only acquire Spanish nationality residing legally and continued for 1 year in Spain. More info .
      • 19 years or less: To review your case, request an appointment here and know what documentation is required .
      • You were of legal age at that time: You can only acquire Spanish nationality by residing legally and continuously for 1 year in Spain. More info .
    4. Sephardic consult in this link .
    If you are not a direct descendant of Spaniards, in principle you will not be able to acquire Spanish nationality, as long as you reside abroad. Check nationality by residence .

Everything you need to know if you are going to process the Spanish Nationality in 2017

Legalteam , an international consultancy based in Barcelona, ​​has developed this Manual that we hope will be useful for all those who wish to process Spanish Nationality by residence during this year 2017.
This guide is made up of simple, easy-to-understand words. And although it is really something extensive, it is prepared with all intention so that in this Manual you can obtain enough detailed information about it.
We have divided this Manual into 10 sections so that you go directly to the section that is of interest to you. Remember that you can follow us onFacebook and that Legalteam is located Gran Via 636, Principal 1º A, Barcelona. Phones: 935397731, 648861893 and 696824146.
Thousands of people have already processed the Spanish Nationality because Legalteam is a guarantee of success and tranquility.
Although in this web of Legalteam we try to expose articles and videos with general information, if you have any doubt or query or you wish to extend this information you can send us an email tosecretaria@legalteam.es 
SECTION I
  • When can I apply for Spanish Nationality per Residence?
  • Are there other ways to acquire Spanish Nationality other than Residence?
SECTION II
  • What documents should I submit when applying for Spanish Nationality by Residence?
  • How can I submit my application for Spanish Nationality by Residence?
  • What is the telematic presentation?
  • Is it better to do it telematically or in the Civil Registry of my place of Residence?
  • How long will they be able to appear in the Civil Registry of my place of Residence?
SECTION III
  • What are the DELE and CCSE exams?
  • Who should take these exams?
  • How, when, and where are these exams done?
  • Who is not required to take these exams?
  • Who can apply to be exempted from the requirement to take these exams?
SECTION IV
  • Can I process my Spanish Nationality with Legalteam?
  • And if I want to present my Spanish Nationality with Legalteam but I do not live in Barcelona, ​​is it possible to present it with Legalteam?
SECTION V
  • Other issues of interest (Normative, ect ...)
SECTION VI
  • How can I check the status of my application for Spanish Nationality by Residence if I submitted it electronically?
SECTION VII
  • What can I do if I am denied my Spanish Nationality by Residence?
SECTION VIII
  • I have been granted Spanish Nationality. And now that?
SECTION IX
  • Be careful not to lose Spanish Nationality. But can it be lost? And if I lose Spanish nationality can I get it back? How do you recover?
SECTION X
  • Other notes of interest
BASIC HANDBOOK FOR THOSE WHO REQUEST SPANISH NATIONALITY FOR RESIDENCE
SECTION I
  • When can I apply for Spanish Nationality per Residence?
  • Are there other ways to acquire Spanish Nationality other than Residence?
When can I apply for Spanish Nationality per Residence? The Spanish Nationality by Residence can be requested:
A) As a general rule to 10 years of legal residence uninterrupted in Spanish territory
B) Five years for those who have obtained refugee status.
C) Two years : for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal.
D) One year for:
- Anyone who was born in Spanish territory and could not avail himself of the possibility of applying for Spanish Nationality by simple presumption.
- Who did not duly exercise his right to acquire Spanish nationality by choice.
- Any person who has been legally subject to guardianship (under the supervision of a guardian), custodian or foster care (the fostering that allows the reduction of legal residence to one year is the one in which there is resolution of the public entity that has in each territory Entrusted with the protection of minors and the foster care that is legally recognized) of a Spanish citizen or institution for two consecutive years, even if he continues in this situation at the time of application.
- Who, at the time of the application, has been married for a year with a Spanish or Spanish and is not legally or de facto separated.
- The widow or widow of Spanish or Spanish, if at the time of the death of the spouse were not separated, de facto or judicially.
- The born outside Spain of father or mother, (born also outside of Spain), grandfather or grandmother, provided that all of them had originally been Spanish.
  • Are there other ways to acquire Spanish Nationality other than Residence?
Yes. There are other ways to acquire Spanish Nationality
1- Letter of nature
This form of acquisition of the nationality, has gracious character and is not subject to the general norms of administrative procedure. It will be granted or not discretionally by the Government through Royal Decree, after evaluating the concurrence of exceptional circumstances.
2- Sephardic (Law 12/2015, of 24 June)
3- Possession of state
A person who has owned and used this nationality for ten years, on a continuous basis, in good faith (without being aware of the actual situation, that is, he is not actually Spanish), shall be entitled to Spanish nationality. To a title registered in the Civil Registry. The Spanish nationality will not be lost even if the title registered in the Civil Registry is annulled. The interested party must have maintained an active attitude in the possession and use of Spanish nationality, which means that he must have behaved himself as a Spaniard, both in the enjoyment of his rights and in the performance of his duties in relation to organs of the State. Spanish state.
4- Option
The option is a benefit that our legislation offers to foreigners who are in certain conditions, so that they acquire the Spanish nationality. They will have the right to acquire Spanish nationality by this means:
  • Those persons who are or have been subject to the parental authority of a Spaniard.
  • Those people whose father or mother had been Spanish and had been born in Spain.
  • Those persons whose determination of filiation (determination of filiation means to establish who the parents of a person) or birth in Spain occurs after the age of eighteen. In this case, the term to qualify for nationality is two years from the date of filiation or birth.
  • Those persons whose adoption by Spaniards occurs after the eighteen years of age. In this case, the right to opt exists until two years have passed since the adoption was established.
5- Spanish Nationality for the Value of Simple Presumption
Article 17 (c) of the Civil Code establishes that Spaniards of origin are born in Spain of foreign parents, if both are deprived of nationality (stateless), or if the legislation of any of them attributes to the child a nationality. In this case a file can be made in the Civil Registry of your address to declare Spanish nationality with a simple presumption value.
Children born in Spain whose parents are of the following nationalities may apply for nationality for the sake of simple presumption:
Argentina, Bolivia, Brazil, Cape Verde, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe and Uruguay.(Beware, Brazilians and Colombians do not.) We clarify this point because every time citizens of these countries come to our office in Legalteam, where they insist that it is possible, it is true that for a while it was possible, but today it is not possible.
Both parents must be from these countries, either the two from the same country or combined with each other.
Special cases:
Ecuador: Values ​​born before October 20, 2008 (those born on the same day, 10/20/2008, no longer have one)
Morocco: Only valuable in the case of Moroccan mother and father of previous countries.
Palestine: In the case of the Palestinians you have to consult because the law varies a lot depending on whether they are mixed marriages and the law of the country of the spouse who is not Palestinian, the country that welcomes them, the status they have, etc ...
SECTION II
  • What documents should I submit when applying for Spanish Nationality by Residence?
  • How can I submit my application for Spanish Nationality by Residence?
  • What is the telematic presentation?
  • Is it better to do it telematically or in the Civil Registry of my place of Residence?
  • How long will they be able to appear in the Civil Registry of my place of Residence?
  • What documents should I submit when applying for Spanish Nationality by Residence?
In order to apply for the Spanish Nationality by Residence you must provide the following documents:
  1. Foreign Identity Card (what is commonly known as NIE but not the same) We recommend reading the article What is the NIE? What is TIE? Is the same? What are their differences?
  2. Full passport, in force. In the case of the passport, all pages must be attached. In the case of minors under 18 years of a member country of the Schengen area can be replaced by identity card of the country of origin provided that this was the document with which they were identified at the time of entering Spain.
  3. Criminal record of the country of origin in force. If the country of origin does not certify the expiration date on the document, the General Directorate of Registries and Notaries will give it a validity of six months (only in those cases). They must be translated and legalized according to the International Conventions. This document may be replaced by the Consular Certificate of Conduct, as established by the Ministry of Foreign Affairs, duly translated and legalized. The consular certificate of conduct will only be admissible when it is expedited based on the consultation with the competent authorities of the country of origin. In the case of nationals of a member state of the EU can be substituted by the Certificate of the Central Registry of Penados Spanish where it is expressly stated that the background has been consulted with the country.
    • Criminal and police background: If you have a criminal and / or police record, the DGRN no longer automatically denies you, but since March of last year you have chosen to ask if the applicant has already canceled the above. "We are simplifying the procedures to the Administration that no longer has to manage a resolution plus a corresponding resource and simplifying life for the citizen who has to wait less time," said the Deputy Director General of Nationality and Civil Status of the Ministry of Justice, D. Jesús Santabárbara. "We have asked the corresponding authorities to update their criminal and police records and in this way to avoid requiring the citizen," he says.
  4. Certificate of Birth of the country of origin in force duly legalized. If your country belongs to the Convention of the Hague will suffice with the one with the seal of Apostille. If your country does not belong to the Hague Convention must be legalized by the Ministry of Foreign Affairs of your country and later by the Spanish Consulate in your country. If the Consulate of your country in Spain is authorized to issue this type of document must be legalized by its own Consulate and by the Ministry of Foreign Affairs and Cooperation of Spain with headquarters in Madrid. Please note that only some Consulates are authorized to issue this type of document. In this link you have the List of Consulates authorized to issue birth certificates . It may be the case that you apply for the Birth Certificate in your country and your country does not belong to the Hague Convention and only legalized it by the Ministry of Relations of your country without legalizing it by the Spanish Consulate in your country; In this case, you can legalize it in the Consulate of your country in Spain and later in the Ministry of Foreign Affairs and Cooperation of Spain with headquarters in Madrid.It is possible to do so, but keep in mind that it would only be valid for purposes of applying for Nationality.
  5. Certificate of Birth of minor children . If you have a Spanish child you must provide the birth certificate issued by a Spanish civil registry.If you have children who do not have Spanish nationality must provide the birth certificate of the country of origin duly legalized. If you have children, you must ALWAYS provide the birth certificate for these children. Some people do not and then comes the headache because when the father or mother has the nationality and the child wants to request the Spanish Nationality by choice, the judge will deny the request because at the time the father or mother did not contribute The child's birth certificate.
  6. Certificate of Marriage of your country of origin, current, current, if you had married in your country of origin. This document must also be legalized. If your country belongs to the Convention of the Hague will suffice with the one with the seal of Apostille. If your country does not belong to the Hague Convention must be legalized by the Ministry of Foreign Affairs of your country and later by the Spanish Consulate in your country. If the Consulate of your country in Spain is authorized to issue this type of document must be legalized by its own Consulate and by the Ministry of Foreign Affairs and Cooperation of Spain with headquarters in Madrid. Please note that only some Consulates are authorized to issue this type of document. In this link you have the List of Consulates authorized to issue birth certificates . It may be the case that you apply for the Birth Certificate in your country and your country does not belong to the Hague Convention and only legalized it by the Ministry of Relations of your country without legalizing it by the Spanish Consulate in your country; In this case, you can legalize it in the Consulate of your country in Spain and later in the Ministry of Foreign Affairs and Cooperation of Spain with headquarters in Madrid.It is possible to do so, but keep in mind that it would only be valid for purposes of applying for Nationality. If you have contracted marriage in Spain with another foreigner you must provide the Spanish marriage certificate
  7. Current Spanish marriage certificate , valid (3 months valid) if you had married in Spain with another foreigner or if you had married a Spanish citizen.
  8. Birth certificate of your Spanish spouse in case of being married to Spanish. This document must be issued by a Spanish civil registry and is valid for three months.
  9. If you are married to Spanish, you will be required to provide acertificate of historical coexistence with your spouse in order to be able to demonstrate that at least one year before the application has lived with your spouse.
  10. Certificate of aptitude of the examinations of Spanish (DELE A2 or higher) and of culture (Constitutional and Sociocultural Knowledge of Spain, known as CCSE). Later, in this Manual, we will refer to these documents. If you choose to submit your application electronically, it will not be necessary to provide these documents as long as you verify in the same application that it is Apt.
  11. Rate of 100 euros. The payment of the fee for the initiation of the procedure to obtain Spanish nationality by residence will be made by the interested party or his representative, after completing the corresponding payment form. And this fee must be paid by all those who apply for Spanish Nationality by Residence including children born in Spain who apply for Spanish Nationality by Residence;Not being applicable to those who request it by option or by value of simple presumption. The rate of 100 euros to be paid is Model 760, section 026 The Fee can be paid telematically, using the specific form accessible at Electronic Headquarters or you can go personally with the form 790 Code 026, completed to a financial entity collaborating with The Tax Agency to effect the liquidation. The payment will be credited with the mechanical validation or authorized signature of the financial institution in the copy "Copy for the Administration" of the form 790 Code 026 that will have to present along with his request. Payment through electronic banking systems: If you have an open account and electronic signature to operate at any of the collaborating financial institutions, you can make the payment through your electronic services.
  12. Other documents. You may submit to the application all documents you deem appropriate. If you submit it electronically it will not be necessary to provide the certificate of registration of you (caution, we speak of registration, not the certificate of coexistence for those who are married to Spanish), nor the certificate of criminal record of Spain nor a certificate to prove the Time of residence in Spain. The application of the telematic presentation platform of Spanish Nationality by Residence allows you to consent to the General Directorate of Registries and Notaries to consult these data before the corresponding authorities.
  13. Is it true that I must file a work contract? With the New Procedure of Spanish Nationality by Residence It is not necessary to provide employment contract or other economic means. In this article we detail on this topic in particular: Why is it not necessary to add a work contract when applying for Spanish Nationality?
  14. Minors. The need for judicial authorization for the application for Spanish nationality for residence for minors is contemplated in the civil code. The rule says that whenever a request for Spanish nationality for residence for minors requires a report from the prosecutor's office and an authorization from the judge in charge of the civil registry of the locality of residence of the minor. So it has to be from the judicial document.
  • How can I submit my application for Spanish Nationality by Residence? What is the telematic presentation? Is it better to do it telematically or in the Civil Registry of my place of Residence? How long will they be able to appear in the Civil Registry of my place of Residence?
The management is electronic in all its phases, which will significantly shorten the resolution deadlines. That is, the Spanish Nationality by Residence can be presented in a telematic way . The procedure is instructed by the General Directorate of Registries and Notaries.
However, until June 30, 2017 there will be a transitional regime that will allow all those who apply for Spanish Nationality to do so in any Civil Registry (with or without appointments that were scheduled) or telematically, that is, or In paper format or in electronic format. Although our recommendation is to present it electronically because in this way we avoid waiting for a scheduled appointment and the official "uploads" to the computer application. To present it telematically means that since we present it is already in power, directly from the General Directorate of Registries and Notaries.
It is very important to keep in mind that in the case of submitting the request assisted by a volunteer representative must always attach the corresponding power of representation.
From Legalteam we insist on the importance of always opting for the telematic presentation of the application for Spanish Nationality per Residence for a simple reason: when submitting your request electronically and the General Directorate of Registries and Notaries will have fully digitized and metadata file. If you present it in the Civil Registry you must wait for an official to digitize it and send it to the DGRN.
You must keep in mind that since the first document is uploaded to the computer platform, 4 months are available to finish submitting the file electronically and if it is not done, the request will be deleted and it must be re-started from scratch.
SECTION III
  • What are the DELE and CCSE exams?
  • Who should take these exams?
  • How, when, and where are these exams done?
  • Who is not required to take these exams?
  • Who can apply to be exempted from the requirement to take these exams?
Before the New Spanish Nationality Procedure for Residence came into force on 15 October 2015, foreigners had to demonstrate in some way their degree of integration into Spanish society and culture. This was something very, very much questioned because, since there was no legal concept to determine what was meant by "integration", we left it to the free will of each civil registry how to interpret the foreigner as "integrated". In fact, denials of requests for Spanish Nationality per Residence continue for "lack of integration".
Fortunately, the legislator has decided, or at least that has been the spirit, regulate in some way how the foreigner can demonstrate their degree of integration. And from October 15, 2015, so that a foreigner can demonstrate their degree of integration can do so by providing two APTO certificates. One of culture (Constitutional and Sociocultural Knowledge of Spain, known as CCSE) and another one of Spanish language (DELE, basic (A2), intermediate (B1) and advanced (B2)).
Applicants of Spanish nationality by residence can prove the basic knowledge of the Spanish language by contributing to the Instituto Cervantes the official certificates of the basic (A2), intermediate and advanced levels of the teaching of Spanish as a foreign language, issued by the corresponding Educational Administration under the Royal Decree 1629/2006, of 29 December, which establishes the basic aspects of the curriculum of the special regime language teaching regulated by Organic Law 2/2006, of May 3, Education .
In these cases, the interested parties will be exempt from the validation tests of the Spanish domain provided for in article 6 of the Regulation that regulates the procedure for the acquisition of Spanish nationality by residence.
  • Who is not required to pass these exams?
Exemptions from these examinations are certain specific cases that would be required to request such exemption from the Ministry of Justice, according to Order JUS / 1625/2016, of September 30, on the processing of procedures for granting Spanish citizenship by residence, Published on October 12, 2016. Such an exemption request is known as a "dispensation". You can request the "dispensation":
  1. Foreigners who can prove that they do not know how to write or read (to apply for a waiver it is necessary to do so ALWAYS before submitting the application for Spanish Nationality by Residence. That is, do not venture to apply for nationality if you do not have it before The waiver that certifies that you can apply for nationality without being obliged to provide the CCSE or DELE since it will be the Ministry of Justice itself the entity that will determine if it is not exempted or authorized to apply for nationality without having these certificates of Apt. It should be noted that the waiver does not necessarily have to be "total" since Justice may grant a "partial" waiver. That is, it may be exempted from carrying out both examinations in full. Knows how to read or write, Justice could say, "Okay, we'll excuse you from doing the written exams, but you can do them from f Oral orthma "
  2. Foreigners with learning difficulties
  3. Foreigners who hold an ESO degree in Spain.
  • How do I prove that I can not read or write?
You can go to a Spanish notary, that is, to a public notary, through an "act of demonstrations or notoriety" together with several witnesses in which the notary of faith that both you and the witnesses certify that, in effect, You do not know how to read or write. Beware, when we do this document means that falsifying this statement could constitute a crime. This record should be enclosed in your waiver application. We insist, apply for the waiver first and not when we apply for nationality because if we were denied the waiver would deny us the nationality. Instead, if we apply for the waiver and give it "partial" or "total" then we already know what to do to finally get our application to good port.
If you have an ESO degree in Spain because you studied here (there are many cases of these, especially, regrouped children who have studied in Spain) will not need to apply for the waiver before the submission of the application for nationality. You can request it or attach the document of request for a dispensation together with the title of ESo in the same application of Spanish nationality. In this case, they would not grant partial or total exemption and would not have to carry out any examination, ie neither the CCSE nor the DELE.
  • The under age and the exams?
In the cases of minors and persons with judicial capacity, together with the application, certificates of training centers, residency, reception, care or special education in which, if applicable, have been registered the interested party. This certificate will be mandatory in minors of compulsory schooling age and whenever the minor or person with the judicially modified capacity is enrolled in one of these centers.
These certificates must state the date of enrollment in the center, if the child attends regularly, the degree of knowledge of the Spanish language in relation to their school age, the participation of parents in school life, for example with Attendance at meetings with teachers and whether or not there is any cause that may motivate the child's or her legal representatives' lack of integration in Spanish society.
The General Directorate of Registries and Notaries may automatically request the presentation of new official documents or reports, taking into account the age and circumstances of the minor or the person with the judicially modified capacity.
  • Are people who have a visual impairment, hearing impairment, reduced mobility, learning disabilities, such as dyslexia or dysgraphia) or can not travel to the examination center because they live in religious centers or are permanently admitted to health centers, are obliged to do The CCSE exam?
The answer is yes. Let us not confuse "disability" with "judicial incapacity".The Instituto Cervantes facilitates access for CCSE in special conditions to those candidates who present a certain type of disability, whether permanent or transitory, and who, therefore, can not perform it according to the general norms.
The candidate would be obliged to communicate this circumstance to Instituto Cervantes within a maximum period of 48 hours from the moment of registration.
We insist that the only exemptions that the legislation establishes about the accreditation requirements of the mentioned tests are the following:
  1. In both tests, those under the age of eighteen and persons with legal capacity are exempt from such tests.
  2. In the case of the Spanish test by obtaining a DELE, in addition, are exempt the national applicants of countries or territories in which Spanish is the official language.
  3. Foreigners who can prove that they can not write or read and have granted the dispensation.
  4. Foreigners with learning difficulties (who have granted the exemption)
  5. Foreigners who hold an ESO degree in Spain.
  • How much is the Instituto Cervantes tuition for the Spanish exam?
It has a cost of 124 euros
  • During what time is the Certificate valid?
It has an indefinite validity, that is to say, once the certificate is obtained, it will NEVER expire.
  • Once I take the test, when will they give me the result?
The first results were announced three months later; However, those people who took the test in February 2016 already had the results, that is, the APT or NOT APT certificates by the end of March 2016, that is, a month later.
  • Am I required to take DELE Exam only in Spanish territory?
No, you can do it in any accredited center or institution of the Instituto Cervantes anywhere in the world.
  • Is there a Study Guide for DELE?
Yes. You can contact Legalteam . You can write us an email toinfo@legalteam.es with the Subject: "I want to be sent to me free ofcharge Study manual for the Spanish exam "
  • Am I required to present the certificate when applying for Nationality?
Not necessarily, you can consent to the Application Form so that you can access it automatically. The Directorate-General for Registries and Notaries may, on its own initiative, verify the results of the DELE A2 level exam at least by telematic consultation with the Cervantes Institute, a test with probative value, which makes the contribution of the interested party unnecessary. However, our advice is to be provided when the application is submitted.
  • If I already have a certificate of Castilian of Cervantes because years ago I had taken the exams of Castilian, can you serve me?
Of course. Those who already had a certificate from Instituto Cervantes de Espanol Foreign DELE level A2 or higher may use it for the new procedure because they have no expiration date.
  • The citizens of which countries will be exempt from the Spanish language test?
Those citizens who are from a country where the Castilian language is an official language:
Argentina.
Bolivia.
Chile.
Colombia.
Costa Rica.
Cuba.
Ecuador.
The Savior.
Guatemala.
Equatorial Guinea.
Honduras.
Mexico.
Nicaragua.
Panama.
Paraguay.
Peru.
Puerto Rico.
Dominican Republic.
Uruguay.
Venezuela.
  • Who else will not be required to demonstrate knowledge of Spanish?
Under 18 years old and legally incapacitated.
  • Is it possible to change the examination center or the date of the call in the DELE test?
Yes, the candidate may request changes in the date of the call and / or examination center, provided that the registration period remains open for the call in which he / she registered and that the call in which he / she wishes to register has opened his / her own registration period At the time of requesting such modification and have free places.
  • If I do not get the Certificate of Apt, can I re-enroll in the DELE exam? Do I have to pay again?
The candidates accept at the time of payment, the registration of DELE diplomas in a competition allows only the only opportunity for examination on the date of the chosen competition.
Failure to appear for the exam at the designated time and place, regardless of the reason, will not entitle the refund of the registration fee paid or its use for other DELE calls.
Candidates who are not eligible for a DELE examination must re-enroll in the DELE exam (and therefore pay the established fee) and present themselves again to all DELE examination tests, even if they have been APPT in one of the Evidence in a previous call.
If you have questions or do not know how to do it, you already know that you can contact Legalteam.
  • When can I enroll?
You can register for when there are places and calls. However, places are not always available.
  • Is it true that a review of Constitutional and Sociocultural of Spain?
Yes. All applicants, except those under 18 years of age or who are legally incapacitated, or those who have granted the exemption of the exams as explained above or those who hold an ESO degree in Spain, must prove this. For the exam, the Instituto Cervantes has been authorized to take a Constitutional and Sociocultural Knowledge Examination in Spain (CCSE), which will allow a certificate issued by the Institute to be granted as an "apt" condition.
  • How much do I have to pay for the Constitutional and Sociocultural Knowledge Exam of Spain (CCSE)?
The registration fee for the exam costs 85 euros and will allow the interested party, if they do not obtain the certificate of aptitude, to re-submit to a new examination without having to pay 85 euros again.Enrollment in the test gives the right to be presented up to a maximum of two occasions, at no additional cost, only in the event that a candidate fails the test on the first attempt, or in the case that a candidate has not The first call. In this case, the candidate must submit to the second call in the same examination center that has done the first and within a maximum period of 18 months from the registration. There is no limit on the number of times a candidate can register or the deadline for multiple registrations.
  • When will I be given the certificate of Constitutional and Sociocultural knowledge of Spain (CCSE)?
20 days later
  • For how long is the Certificate of Constitutional and Sociocultural Knowledge of Spain (CCSE) valid?
It is valid for 4 years.
  • Am I obliged to present the certificate of Constitutional and Sociocultural knowledge of Spain (CCSE) when I apply for Nationality?
Not necessarily, you can consent to the Application Form so that you can access it automatically. The General Directorate of Registries and Notaries may verify ex officio the results of the examination tests of constitutional and sociocultural knowledge of Spain, by means of telematic consultation to the Instituto Cervantes, verification with probative value, which makes unnecessary the contribution by the interested parties of the certificate corresponding.
  • If in my city there are no places to register for the exam to obtain the certificate of Constitutional and Sociocultural knowledge of Spain (CCSE) can I take the exam in another city?
If possible. Nevertheless, the Cervantes Institute is expanding considerably the network of centers accredited for the examinations of Spanish language and culture.
Until this moment the greater number of registered in the Cervantes for the examinations are Pakistani citizens, followed by Moroccans, Colombians and Ecuadorians.
  • Is there a Study Guide for the Constitutional and Sociocultural Knowledge Exam of Spain (CCSE)?
Yes. The Instituto Cervantes has distributed a Study Manual.
  • Can Legalteam provide me with the Study Manual for Constitutional and Sociocultural Knowledge of Spain (CCSE)?
Yes. You can write us an email to info@legalteam.e s with the subject " I want you to send me free of charge the Study Manual for Constitutional and Sociocultural Knowledge of Spain (CCSE)" .
  • The Study Manual What does it contain?
It contains 300 study questions with corresponding answers, of which the Cervantes will choose 25 questions and with 15 of them favorable is able to obtain the Certificate.
  • If I do not get the Certificate of Apt, can I re-enroll in the CCSE?Do I have to pay again?
You can apply for a second call without having to pay back. Registration in the CCSE test gives the right to be presented up to a maximum of two occasions, provided that the candidate does not pass the test on the first attempt or has not appeared on the first call. In this case, the candidate must submit to the second call in the same examination center that has completed the first and in a maximum period of 18 months from the date of examination.
  • Is the examination very difficult to obtain the certificate of Constitutional and Sociocultural knowledge of Spain (CCSE)?
Not really. There have already been 12 calls and most of the people who have tested have tested the test.
  • Are people who have a visual impairment, hearing impairment, reduced mobility, learning disabilities such as dyslexia or dysgraphia) or are unable to travel to the examination center because they reside in religious centers or are permanently admitted to health centers are required to do The CCSE exam?
The answer is yes. Let us not confuse "disability" with "judicial incapacity".The Instituto Cervantes facilitates access for CCSE in special conditions to those candidates who present a certain type of disability, whether permanent or transitory, and who, therefore, can not perform it according to the general rules.
The candidate would be obliged to communicate this circumstance to Instituto Cervantes within a maximum period of 48 hours from the moment of registration.
We insist that the only exemptions that the legislation establishes about the accreditation requirements of the mentioned tests are the following:
  1. In both tests, those under the age of eighteen years and those with judicially modified capacity are exempt.
  2. In the case of the Spanish test by obtaining a DELE, in addition, are exempt the national applicants of countries or territories in which Spanish is the official language.
The procedure established by the previous laws does not contemplate exemption of the tests in case of the above mentioned disabilities, but only reasonable measures of adaptation of the tests. The exemption of evidence for candidates over the age of 18 applies only to those persons with legal capacity , ie those who do not have the legal capacity to validly perform certain acts or to hold certain public positions.
SECTION IV
Can I process my Spanish Nationality with Legalteam? And if I want to present my Spanish Nationality with Legalteam but I do not live in Barcelona, ​​is it possible to present it with Legalteam?
  • Yes of course. Being a process that can be presented telematically in Legalteam we can submit applications even if you are residing in any Spanish city.
  • Given the considerable increase in the number of people who choose Legalteam every day to carry out their Spanish Nationality Per Residence procedures, our firm can afford to pay a 40% reduction in the price of this procedure.
  • If you want to present with your office your Spanish Nationality by Residence telematically in less than 24 hours you can do it for a price of 300 euros (VAT included) and not for 500 euros plus VAT as before.
  • But there is still more ... .. This offer includes a totally free year of unlimited consultations with any of our professionals in any matter (foreign, criminal, labor, tax, commercial, administrative, civil ...) directly in the office, internet, via Mail or telephone. This system of queries allows you to make as many visits / queries as you want directly in our office (always scheduling the visit). In case you can not attend our office in person, you can do it via email or phone and of course, via Skype (scheduling the day and time of your videoconference previously).
SECTION V
Other issues of interest (Normative, ect ...
  • Which Royal Decree contemplates the Regulation that develops the Normative?
RD 1004/2015, of November 6, which develops the final seventh Disposition of Law 19/2015, of July 13, on administrative reform measures in the area of ​​Administration of Justice and Civil Registry on the New Procedure for obtaining the Spanish Nationality by Residence that had been published by the Official State Gazette (BOE No. 167) on July 14, 2015.
  • When did the Law enter into force?
Entered into force on October 15, 2015
  • When was the Regulation approved by the Council of Ministers?
The 6 of November of 2015 was approved.
  • If I had an appointment that gave me the Civil Registry for 2017, for example, do I have to wait for that date?
No, as soon as you have all the documentation you can submit it in a telematic way without having to wait for the appointment date. In fact, we insist, it is advisable to present it telematically because in this way we avoid waiting for a scheduled appointment and the official "uploads" to the computer application. To present it telematically means that since we present it is already in power, directly from the General Directorate of Registries and Notaries.
  • Si había obtenido una cita antes del 15 de octubre de 2015 ¿tengo que pagar la Tasa y los certificados de cultura y castellano?
Sí, por supuesto. El hecho de haber tenido una cita no significa que usted hubiera dado inicio al procedimiento de su solicitud. Por lo tanto, usted se rige por el nuevo procedimiento, es decir, deberá pagar la tasa, deberá tener el certificado de cultura y el de castellano (si su país no es de un país donde el castellano fuera lengua oficial.
  • ¿La policía me hará una entrevista?
Sí, pero no en todos los casos. Si existen indicios razonables una vez consultados los ficheros policiales y judiciales del interesado que este no tiene antecedentes penales y/o policiales, no necesariamente psaría usted la entrevista policial.
  • If I had submitted my application for Spanish nationality before 15 October 2015 do I have to do the exams and pay the fee?
No. You had filed the application by the above procedure and therefore can not apply the new procedure. But we insist, only if he had filed an application before October 15, 2015, which is not the same as having a date before that date.
  • Is it fair to make us a review of sociocultural conocicimientos and Castilian?
In our view it seems fair. First, because now the legislator and offers an appraised procedure and not as now where judges, through officials of the Civil Registry, conducted a dubious questionnaire that asked immigrants issues not only of general culture but the most colorful. So far, as xistía an official agenda to prepare the integration tests each judge could ask the questions they deem appropriate in order to determine the degree of integration that credit applicants nationality .
In addition, why not show a minimum of sociocultural or Spanish language skills if we are going to become Spanish citizens?
  • Is Spain an exception when Nationality charge when requested?
There are European countries such as Italy, where there is no charge for asking nationality (the bureaucratic process, however, is so complicated that almost always ends in an administrative complaint that costs 800 euros present). Many do charge rate: in the UK is 1,115 euros; in Germany, 255 euros (although there are deductions for low-income people). In France it is 55 euros, and in Belgium, 150 euros.
  • How long I have most since filing my file to upload documents?
Since the first document to the computer platform climbs are available 4 months to finish sending the file telematically and if this is not done, the request will be removed and must start over from scratch.
SECTION VI
SECTION VII
  • What I can do if I deny my Spanish Nationality by Residenci.
Muchos de las solicitudes de nacionalidad española por residencia se están resolviéndo de forma desfavorable y la mayoría de ellos por la temida “falta de integración”, algo que era difícil de probar antes de que entrara en vigor el nuevo procedimiento porque era todo muy “interpretativo”.
En caso de denegación recomendamos recurrir. En este enlace información sobre este tema concreto: ¿Te han denegado la Nacionalidad Española? .
In fact, sometimes it happens that many denials do not fit right. There arehundreds of cases that prove; and many of Legalteam. We take the case of a client of ours who was denied for allegedly having expired criminal in their country of origin and after bringing an appeal before the High Court, the State Attorney, who represents the General Directorate of Registries and Notaries he acquiesced and gave the green light in this way to Legalteam won the case. Here is the proof of this particular case that could be extended to many other cases: The State Bar acquiesces to demand Legalteam and the High Court recognizes the Spanish nationality to Mexican citizen who had been initially denied him
SECTION VIII
  • I have been granted Spanish nationality. And now that?
Almost half a million immigrants have obtained Spanish citizenship in recent months and is expected this year, another 150 thousand to have it.
With this avalanche of "new Spaniards" many immigrants would enable their relatives could obtain "papers" in an easier and faster way; moving this path to the very handy option Social Arraigo. In this article, Legalteam team will try to answer several questions that we hope will be of your utility.
  • I have the Spanish nationality. Who I can give "papers"?
Al convertirte en español adquieres los mismos derechos que los ciudadanos españoles independientemente de que no hubieras sido español de origen; por lo tanto, tus familiares más cercanos podrán acceder a una Tarjeta de Familiar de Comunitario como si fuera una especie de “reagrupación Familiar” pero en Régimen Comunitario.
Podrán optar a la Tarjeta de Familiar de Comunitario:
  1. Cónyuge de un/a ciudadano/a español/ao de cualquier otro/a ciudadano/a de la Unión Europea que resida en territorio español -con Certificado de Registro- (esto ya lo contemplaba el Real Decreto 240/2007 )
  2. Domestic partnership registered in a public register. That is, citizen / a non - EU / partner to be a / a citizen / a Spanish / or from any other / a citizen / a European Union residing in Spanish territory ,with Certified Registration- (this already contemplated Royal Decree 240/2007)
  3. Children under 21 with permission from the other parent if any, without having to prove economic dependence. That is, children of citizen / a non - EU / a spouse or partner registered in public register, a / a citizen / a Spanish / or from any other / a citizen / a European Union residing in Spanish territory , with Registration- certificate (this already contemplated the Real Decreo 240/2007)
  4. Children older than 21 living in charge. That is, children of citizen / a non - EU / a spouse or partner registered in public register, a / a citizen / a Spanish / or from any other / a citizen / a European Union residing in Spanish territory , with Registration- certificate (this already contemplated the Real Decreo 240/2007)
  5. Ascendants who live by. It is mother, father, mother, father's / the citizen / a Spanish or spouse oo domestic partnership registered in public register, a / a citizen / a Spanish / or from any other / a citizen / a of European Union residing in Spanish territory , with Certified Registration- registered partner. (This was already contemplated by Royal Decree 240/2007)
  6. Extended Family (what Article 2.bis new RD 987/2015 refers) .Any family member who at the time of the application was found by Spanish or live with him or any other citizen / a citizen / a European Union residing in Spanish territory , with Certificate of Registration-.(New New RD 987/2015)
  7. Relatives who, for serious reasons of health or disability is strictly necessary that the Community is made by the same staff. In this case the degree of financial and physical dependence, the degree of kinship and the severity of the illness or disability, and time will be assessed prior cohabitation. In any case, it is understood accredited coexistence if it has lasted at least 24 months. (New New RD 987/2015)
  8. Pareja de hecho No Inscrita en un Registro Público. En este caso, se entenderá una pareja estable la que acredite la existencia de un vínculo duradero. Se entenderá acreditada la existencia de ese vínculo de forma fehaciente en todo caso, cuando hay una convivencia previa marital de al menos un año o si hay descendencia en común (bastará probar la convivencia estable). (Novedad del Nuevo RD 987/2015) Hasta ahora, las Parejas de Hecho de un/a ciudadano/a español/ao de cualquier otro/a ciudadano/a de la Unión Europea que resida en territorio español -con Certificado de Registro- que no pudieran inscribir dicha Pareja de Hecho en un Registro Público, se veían obligadas a solicitar un Permiso de Residencia Temporal por Circunstancias Excepcionales (Disposición Adicional 23 del RD 557/2011) que les permitía simplemente residir (no trabajar) de forma temporal durante un año. Y si querían trabajar debían solicitar una Modificación a un Permiso de Residencia y Trabajo siempre y cuando contaran con una oferta de empleo. Sin embargo, el nuevo RD 987/2015 permite que estas Parejas de Hecho puedan solicitar una tarjeta de Familiar de Comunitario (de cinco años) con posibilidad de obtener, al cabo de los 5 años, una tarjeta Permanente en Régimen Comunitario. Dicha Tarjeta de 5 años le permite -igual que la de 10 años- residir y trabajar en territorio español en igualdad de condiciones que los/las ciudadanos/as españoles tanto por cuenta ajena como por cuenta propia sin necesidad de aportar una oferta de empleo.
On this topic see this article:
  • Do I need a Housing Report as required by the Family Reunification in the General Regime?
The answer is no. For a non-EU citizen can access a card Family Community's legislation does not require the Community citizen entitles you to obtain the same to a report habitability of housing.
  • How long the card is valid Family Community?
This card is valid for a period of five years, even if it is assumed when it is in the process of registration of marriage before a Spanish civil registry office abroad uses the criterion of not giving a five but two years as you will see this link: Barcelona takes away the right to Card Family Community 5; now for two years.
  • When this card five years is over how the shoot?
Actually it is not a renewal but you must apply (because you have that right) a permanent card in Community Regime
  • Can I work in another country of the European Union now that I have the Spanish DNI?
Yes, on an equal footing as the rest of the Spanish and other citizens of any country in the European Union
  • Does the Community Family Card entitles the holder to work in another European country?
No, not provides this right. RD 240/2007 explains that "the persons included in the scope of this Royal Decree have the right to enter, leave, move and reside freely in Spanish territory subject to compliance with the formalities prescribed by it and subject to the limitations set out therein.Individuals also included in the scope of this Royal Decree, are entitled to access any activity, both employed and self-employed, providing services or studies under the same conditions as Spanish nationals, without prejudice to the limitation set forth in Article 39.4 of the Treaty establishing the European Community. ".
That is, this Community Family Card allows the immigrant to work in Spain but not in another State of the European Union; unless you have the Permanente Community scheme and sought and received the Long Term EU.
  • Now that I have obtained Spanish citizenship, do I need to prove financial means so that my family can access a Community Family Card?
Is sufficient to demonstrate that you are registered in the corresponding Social Security Regime (you work as an employee or self-employed) but not in all cases.
  • Now that I have obtained Spanish citizenship, If my family has a card in General Scheme can now change to a five year card Family Community?
The answer is yes. Even it is advisable considering the advantages offered by the Community scheme are greater than those offered by the General Regime.
SECTION IX
  • Careful not to miss the Spanish Nationality. But how can you lose?What if I lose the Spanish nationality I can get it back? How do you recover?
Often many people who have acquired Spanish nationality they ask if they can lose. You are right. Spanish nationality lost when:
- Are emancipated, reside abroad and voluntarily acquire another nationality. They can avoid this loss if within three years they declare their will to conserve their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to produce for this reason the loss of Spanish nationality.
- Are emancipated, reside abroad and for three years use exclusively the nationality that they had attributed before emancipation. They can avoid this loss if within three years they declare their will to conserve their nationality. The acquisition of nationality and Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to produce for this cause the loss of Spanish nationality.
- The emancipated Spaniards who have another nationality, habitually reside abroad and voluntarily renounce it.
- In the case of Spaniards who have been born abroad and are Spaniards because of being born of a Spanish father or mother / also born abroad, they will lose Spanish nationality if within three years from the emancipation or majority of Declare their will to preserve Spanish nationality.
Spaniards who are not of origin (for example, those who have acquired Spanish nationality by residence) will lose Spanish nationality if:
- After acquiring the Spanish nationality they use during a period of three years the nationality to which they had renounced when acquiring the Spanish.
- When they voluntarily enter the service of arms or exercise political office in a foreign State against the express prohibition of the government.
- When a judgment declares that the interested party incurred falsehood, concealment or fraud in the acquisition of Spanish nationality.
Place where to carry out the declaration of conservation: Spanish Consulates abroad perform functions of Civil Registry.
  • How can I recover the Spanish Nationality if I have lost it?
Once lost the Spanish nationality there is the possibility of recovering it;For this it will be necessary to fulfill the following requirements:
  • The interested party must be legal resident in Spain. However, this requirement will not apply to emigrants or children of emigrants. In addition, it may be exempted from this requirement by the Minister of Justice, when exceptional circumstances exist. (Eg persons who have carried out charitable activities in favor of Spanish interests or associations, Order of the Ministry of Justice of July 11, 1991. BOE of July 24, 1991).
  • The interested party must declare before the Civil Registry Officer their will to recover the Spanish nationality.
  • The recovery of the nationality in the Civil Registry must be registered.
When is the prior authorization of the Government necessary to recover Spanish nationality?
It will be necessary the previous authorization of the Government to recover the Spanish nationality, if they had lost Spanish that had not been of origin and the loss had occurred for any of the following reasons:
  • Those who for a period of three years exclusively use the nationality to which they have declared resign when they acquire Spanish nationality.
  • Those who voluntarily enter the service of arms or exercise political office in a foreign State against the express prohibition of the Government.
  • When the final judgment declares that the interested party has incurred falsehood, concealment or fraud in the acquisition of Spanish nationality.
Place where to request the recovery of Spanish nationality.
The application must be filed in the Civil Registry of your address. The Consulates of Spain perform Civil Registry functions.
Obtaining the application
You can obtain the application in the Civil Registry of your home or Consulate.
SECTION X
  • Other notes of interest
  1. Do not wait for two years of legal residence or year if you are married to Spanish to begin the procedure. It begins with the CCSE exam. Note that it is valid for 4 years. This way when you complete the year (if you are a Spanish spouse) or two years (Ibero-American countries) can submit the application immediately.
  2. If the student card certainly computes for the Long Term UE, it does not compute for the application or obtaining of the Spanish Nationality because the Nationality assumption speaks of "residence" and not "stay". Do not forget that student cards are "stay" but not "residence".
  3. If you are processing the Spanish Nationality and you change of address or of municipality; Or Autonomous Community, do not forget to notify the Civil Registry . Avoid procrastination and let your file end up in a drawer. Listen to us, it's more common than you think.
  4. If you have already granted the Spanish Nationality remember that you only have 180 days since you have been notified to do the Oath or Promise . After this period your file will be archived.
  5. If you have just obtained the Spanish Nationality, do not waste time and process the Nationality "by choice" to your children . It does not matter if you are in Spain or not.
  6. If you already have the Spanish nationality and the Spanish birth certificate, call 902.247.364 or through www.dnielectronico.es andrequest an appointment to make your DNI (rate of 10.50 €) and your Spanish passport (rate of 25.76 €). You will only have to carry the Spanish literal birth certificate, a photograph, your Residency Card, your passport and the certificate of registration.
  7. Remember that you must make several changes in the City Hall, the banks, the Treasury, Social Security; Because before you identified with an NIE and now with an ID. You must make all these changes or notify your bank, social security, Treasury, City Hall.