Frequently Asked Questions
When can I apply for Spanish nationality in my situation?
After one year for those born in Spain. After one year for those under the guardianship, custody, or foster care of a Spanish citizen or a Spanish institution for a period of two years. After one year for those who have married a Spanish citizen. After one year for the children or grandchildren of Spanish citizens not born in Spain.
After two years for Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardic Jews. After five years for asylum seekers or refugees. After ten years for all other countries.
If my child was born in Spain, is he Spanish?
No, but with some nuances. Those born in Spain to foreign parents are considered Spanish by origin if both parents are stateless or if neither parent's nationality law grants the child a nationality (stateless persons). Therefore, it is necessary to determine the applicable law corresponding to the parents' nationality regarding the attribution of nationality from those countries to the children of their nationals born abroad. Except for this specific case, in all other instances, those born in Spain hold the nationality of their parents and only require one year of residence to apply for Spanish nationality.
Which family members can I bring with me?
Spouse, except in cases of fraudulent marriages; registered domestic partners; children of oneself or of the spouse under 18 years of age or disabled.
Minors under 18 years of age or incapacitated persons, when the foreign resident is their legal representative.
First-degree ascendants over 65 years of age who are dependent on them; exceptionally and for humanitarian reasons, ascendants under 65 years of age may be reunited.
Can I get married in Spain if I am undocumented?
Yes, you can get married in Spain and the marriage will be valid and have full legal effect under our civil law.
Can they deny me the registration of my marriage if I am in an irregular situation?
No, and if it is, an appeal must be filed within the legally established time limit.
Can I apply for Spanish nationality if I have had a Student Card and have now been granted my first residence permit?
No. Years spent as a student are not taken into account for nationality, although they do count at 50% for long-term residence.
If I have renewed my residency and need to travel, but I don't yet have the card, what can I do?
You will need to apply for a return authorization, which will allow you to be outside of Spain for up to three months and return within this period without needing to apply for a visa.
Immigration Lawyer Madrid.
