Spanish nationality by residence

An Italian citizen resident in Spain may apply for Spanish nationality by residence. The required period of residence is as a rule ten years, reduced to one year in specific cases, including marriage to a Spanish citizen. The Firm assists the applicant from the verification of the requirements to registration in the Registro Civil (Civil Registry).

Required period of residence

Pursuant to art. 22 of the Código Civil, an Italian citizen must have resided in Spain for ten years: Italy is not among the countries for which the reduced period of two years applies. In all cases residence must be lawful, continuous and immediately prior to the application.

Cases in which one year of residence is sufficient

• persons born in Spanish territory;
• persons who, at the date of the application, have been married for one year to a Spanish citizen and are not legally or de facto separated;
• the widow or widower of a Spanish citizen, if there was no separation at the time of death;
• persons born outside Spain to a father, mother, grandfather or grandmother who were originally Spanish;
• persons who did not exercise the right of option in due time;
• persons who have been subject for two consecutive years to the guardianship, curatorship or foster care of a Spanish citizen or institution.

Further requirements

• Good civic conduct and a sufficient degree of integration into Spanish society.
• Passing the CCSE examination (constitutional and socio-cultural knowledge) and the DELE A2 Spanish language diploma, both issued by the Instituto Cervantes; minors under eighteen are exempt and, according to the practice of the Ministerio de Justicia, so are persons who have obtained the compulsory secondary education qualification (ESO) in Spain.

Procedure

• The application is submitted electronically to the Ministerio de Justicia, with passport, birth certificate, criminal record certificate from the country of origin, Instituto Cervantes diplomas and, for citizens of the Union, the registration certificate.
• The administration has one year in which to decide; once that period has elapsed, the application is deemed rejected (negative administrative silence), without prejudice to judicial review.
• The grant lapses if, within 180 days of notification, the person concerned does not swear the oath or make the promise, does not make the declaration of renunciation and does not apply for registration in the Registro Civil.

Costs

The application fee (form 790, code 026) currently amounts to €104.05; the costs of the Instituto Cervantes examinations are payable in addition. The Firm issues a detailed, no-obligation quote.

Immigration procedures in Spain

Sources: Código Civil, arts. 21, 22 and 23 · Ley 19/2015, disposición final séptima · Real Decreto 1004/2015 · Ministerio de Justicia, information on nationality · Instituto Cervantes, CCSE and DELE examinations. Information only, updated September 2026.