You have been counting the days for years. Your residence card is renewed, the flat is in your name and your life is built in Spain. You open the Ministry website to apply for nationality, and the first thing you read is a list of requirements that seems written for someone else.
In fact, the Civil Code sums them up in three requirements. Understanding each one properly is what separates an application that is approved from one that comes back refused two years later.
Requirement 1: Legal, Continuous Residence Immediately Prior to the Application
Article 22 of the Civil Code requires you to have lived in Spain legally, continuously and immediately before the application. The period depends on your situation:
- 10 years: general rule.
- 5 years: people with refugee status.
- 2 years: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and people of Sephardic origin.
- 1 year: people born in Spain, those married to a Spanish citizen, grandchildren of Spaniards by origin and other cases under article 22.2.
Legal means with a residence authorisation: according to the consistent case law of the National High Court, time on a student stay does not count. Continuous means without interruptions or long absences, and immediately prior means you must still be a legal resident when you apply.
Requirement 2: Good Civic Conduct
You must provide a criminal record certificate from your country of origin, legalised or apostilled and translated, in addition to the Spanish one, which the Ministry obtains itself.
But good conduct goes beyond having no convictions: the Administration may take into account arrests, administrative penalties or failure to meet obligations with the Tax Agency and Social Security.
What about work? Since the 2015 reform, no employment contract or payslips are required, although your financial situation can help prove integration.
Requirement 3: Sufficient Integration Into Spanish Society
Since Law 19/2015, integration is proven with two tests from the Instituto Cervantes:
- DELE A2 or higher: Spanish language exam. Nationals of countries where Spanish is an official language are exempt.
- CCSE: test on constitutional and sociocultural knowledge of Spain.
- Minors and people whose legal capacity has been modified by a court are exempt from both.
- Anyone who completed compulsory education in Spain may be exempt by proving it.
If You Meet the Requirements for Spanish Nationality by Residence
The application is filed, preferably online, with the Ministry of Justice, after paying fee 790-026, which in 2026 is 104.05 euros and is not refunded even if the application is refused.
The legal deadline to decide is one year, although in practice it is usually longer. If nationality is granted, you will have 180 days to swear or promise allegiance to the Constitution before the Civil Registry.
Mistakes That Sink the Application
- Counting the years on a student card as legal residence.
- Applying with an expired card not renewed on time, breaking the immediately prior residence.
- Long absences from Spain that interrupt continuity.
- Criminal record certificates that are expired or not apostilled when the Ministry reviews them.
- Not applying the reduced period you are entitled to and waiting years longer than needed.
That list that seemed written for someone else comes down to three questions: how long you have lived here legally, what your record says and whether you have your Cervantes exams. Answering them properly before paying the fee is what avoids starting from scratch.
Talk to a Lawyer Before You Apply
If you think you already meet the residence period but have doubts about how it is counted or about your record, we review your file before the Ministry does. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on articles 21 to 23 of the Civil Code, Law 19/2015 of 13 July, and Royal Decree 1004/2015 of 6 November.
