# Nationality as spouse of Spaniard



## Overandout (Nov 10, 2012)

I have done some searching (here and on "official" sites) and cannot find an answer to this specific question:

Two British nationals are married and living in Spain for several years.

One of them has the right to Spanish nationality for family reasons.

The rules state that the other can apply for Spanish nationality as the spouse of a Spaniard after one year of residence. But one year counting from when?

From the date that the first one was granted Spanish nationality? 
Or can the spouse apply for nationality as soon as the first one is granted it, based on the fact that he has lived in Spain as a spouse for more than one year?


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## xabiaxica (Jun 23, 2009)

Good question!

I have no idea. And I wouldn't be surprised if officialdom had either.

As far as Spain is concerned, if you're Spanish, you're Spanish - so arguably the one who is entitled to a Spanish passport / DNI is already Spanish....

Of course the other side of the coin is that that person can't prove that they are Spanish until they get the DNI .... so it's possible that a funcionario might insist that the non-Spaniard wait another year. Although the DNI would have a date of issue - I don't know whether that would look any different to if it had been a renewal - so the funcionario might not be able to tell that it's 'new'.


I'd be really interested to know what happens if they decide to test it!


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## Overandout (Nov 10, 2012)

I have since found a comment on a blog which indicates that, as you state, there is no way of knowing when a person became nationalised from the documents (passport and DNI) so in theory, that day after the first one is granted nationality, the spouse could apply (as long as being able to evidence the one year residency requirement).

However, given that one of the key documents to support the application would be the marriage certificate, it will be obvious that at the time of the celebration of the marriage, the first was "still" British....

I do indeed plan to test this in reality, as my wife is this week presenting her application for Spanish nationality, which should be a clear cut process, but even so, we are aware that it could take a long time.

I plan to do my application without waiting the "additional" year, but when that will be possible is anyone's guess so I will try to keep this thread updated over the coming years!!


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## xabiaxica (Jun 23, 2009)

Have you sorted out your exams yet?

Good luck with the application - let us know how it goes.


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## Overandout (Nov 10, 2012)

xabiachica said:


> Have you sorted out your exams yet?
> 
> Good luck with the application - let us know how it goes.


The exams have a validity of four years as per my understanding. Now, I don't want to be too pesimistic, but I think I should wait until my wife has at least had her application admitted before I take them!

I will indeed let you all know how it goes!


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## xabiaxica (Jun 23, 2009)

Yeah.... I think I'd wait until she has her DNI in her hand - just in case


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## Overandout (Nov 10, 2012)

Just for info:

My wife was advised that she should be given an appointment to swear allegiance in around 4 months.

We will see!


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Just for info:
> 
> My wife was advised that she should be given an appointment to swear allegiance in around 4 months.
> 
> We will see!


Brilliant!

I'm hearing that for foreigners to take Spanish nationality it's currently taking 2 years after papers are submitted.


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## Overandout (Nov 10, 2012)

Yes, my wife's case is obviously a bit more straightforward. But the funcionaria who she asked did say that this was just an estimate and that if she were to ask her colleagues, some would not even have a guess, others would have said up to 2 years... this was just her guess!


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## xabiaxica (Jun 23, 2009)

Technically, your wife isn't a foreigner though - she's Spanish already - once Spanish, always Spanish, even before you formalise things!

I meant us proper foreigners.


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## Overandout (Nov 10, 2012)

Update!!

The letter arrived for my wife on Friday last week.

She has been called to the court (presumably to conclude the process of nationalization, although the letter doesn't actually confirm this) this Thursday coming.

So that has been almost 6 months from the date of application.


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## Overandout (Nov 10, 2012)

I am now (officially) married to a Spaniard!!

Now I need to find out if I have to wait a year before I can apply for Spanish nationality of if I can do it straight away...


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## Pesky Wesky (May 10, 2009)

Overandout said:


> I am now (officially) married to a Spaniard!!
> 
> Now I need to find out if I have to wait a year before I can apply for Spanish nationality of if I can do it straight away...


And doing it this way do you still have to do the exams, and is the process quicker than doing it from scratch ie not getting nationality through being married to a Spaniard?


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## Overandout (Nov 10, 2012)

Pesky Wesky said:


> And doing it this way do you still have to do the exams, and is the process quicker than doing it from scratch ie not getting nationality through being married to a Spaniard?


As far as I am aware, there are essentially only two ways for me to get nationality:

1) As the spouse of a Spaniard.
2) Through residence.

I think I can discount option 2 because it requires the applicant to demonstrate 10 years continuous residence in Spain immediately prior to the application. I have only been in Spain (this time round) for about 18 months, so I would have to wait until 2026 to apply!!

Option 1 only has the inconvenience of the lack of clarity in the rules:

This is from the website of the Ministerio de Exteriores:

_Los extranjeros casados con un nacional español podrán solicitar la nacionalidad española por matrimonio después de un año de residencia legal en España._

Currently I meet this condition (married to a Spaniard and more than one year legally resident)

However, this is from the website of the Ministerio de Justicia:

_Nacionalidad por residencia:
Una de las formas de obtención de la nacionalidad es por residencia, la cual exige la residencia de la persona en España durante diez años de forma legal, continuada e inmediatamente anterior a la petición. Existen casos en los que el período de residencia exigido se reduce; estos son:
- El que, en el momento de la solicitud, lleve un año casado con un español o española y no esté separado legalmente o de hecho._

And this is why I need to get clarification. A judge could quite easily interpret that I have not been married to a Spaniard for one year, given that I actually married an English person who, last Thursday, became Spanish... 

Xabiachica's comments earlier in this thread give some hope, in that according to her, the fact that my wife obtained her nationality through blood ties means that in the eyes of the law she always has been Spanish. I have not found anything in writing from any authority to back that up though.

In both cases I have to present all the documents (because technically they are the same process "por residencia" just that with the marriage, the time of residence required is reduced to 1 year):

Exams results
Birth Certificate
Criminal records
Etc...

I don't really want to go through the expense and hassle of getting all these docs only to find that I have to wait a year, because as we all know, after a year, these documents will not be valid and I will have to get them all renewed (except the exams which last for 4 years).


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## Overandout (Nov 10, 2012)

Further reading suggests that this is going to be an interesting exercise...

One of the documents I need to present is the literal birth certificate of my wife issued by the Spanish Civil Registry....

That will be a challenge!!!


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## smiggy (Apr 13, 2014)

Might seem like a silly question but did your wife have to take the Spanish exam?


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## Overandout (Nov 10, 2012)

smiggy said:


> Might seem like a silly question but did your wife have to take the Spanish exam?


No, she did not.


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## smiggy (Apr 13, 2014)

Overandout said:


> No, she did not.


OK that's interesting as I have been looking into Spanish citizenship ( my mother is Spanish) I remember someone on a different forum saying that EVERYONE, even with a Spanish parent had to complete the exam. I'm also quite relieved as my Spanish is a bit rusty!


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## Overandout (Nov 10, 2012)

The process is different based on two main variables:

The date and place of birth (pre / post 1978 marks a difference in legal regime). And the line of blood (father's or mother's side).


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## Brangus (May 1, 2010)

Overandout said:


> One of the documents I need to present is the literal birth certificate of my wife issued by the Spanish Civil Registry....
> 
> That will be a challenge!!!


Are you sure your wife didn't receive a Spanish birth certificate when she became a citizen? Her birth, even though it happened elsewhere when she wasn't Spanish, should be registered now at your local civil registry. If she stops by and shows her DNI they can print a copy in a flash.

Another thing you can do at the civil registry is start the process of registering your marriage to get a "libro de familia." This took at least three months for us since all the paperwork goes to a central registry in Madrid. (It might be quicker for you, since you live there and maybe could do it in person.)

Once you're in the system, there is a website where you can print a "certificado de matrimonio actualizado" if that's acceptable proof of your marriage ties to apply for citizenship.

Oh, and while you're at the civil registry regarding the "libro de familia," ask them exactly when you can apply for citizenship.


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## Overandout (Nov 10, 2012)

Brangus said:


> Are you sure your wife didn't receive a Spanish birth certificate when she became a citizen? Her birth, even though it happened elsewhere when she wasn't Spanish, should be registered now at your local civil registry. If she stops by and shows her DNI they can print a copy in a flash.


Good point! She is currently awaiting the formal documents, it will be interesting to see if her birth is indeed registered in the Spanish registry, it would indeed make sense.



Brangus said:


> Another thing you can do at the civil registry is start the process of registering your marriage to get a "libro de familia." This took at least three months for us since all the paperwork goes to a central registry in Madrid. (It might be quicker for you, since you live there and maybe could do it in person.)


We married in Spain and so, despite having British nationality at the time, this is not an impediment to having a Libro de Familia. So we already have this, which records both our marriage and the birth of our children. 



Brangus said:


> Once you're in the system, there is a website where you can print a "certificado de matrimonio actualizado" if that's acceptable proof of your marriage ties to apply for citizenship.
> 
> Oh, and while you're at the civil registry regarding the "libro de familia," ask them exactly when you can apply for citizenship.


MY wife's process was formalised by the civil registry and she did indeed ask about my case. However, they made it clear that whereas her process was in their cometency, mine would be under the Ministerio de Justicia, and they could not comment on it.


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## Overandout (Nov 10, 2012)

Update on this:

Along with all of my wife's paperwork sent by the Registry for her to obtain her passport and DNI was a copy of the registration of her birth in the Spanish Registry, but this was a new registration of her birth. Her birth had not been registered in Spain when she was actually born.

I called the Ministerio de Justicia, and they confirmed that she is not "Española de origen" and she has aquired the nationality by option in 2018.

This means, in the eyes of the Spanish justice system, that I married a British national all those years ago (that, I cannot argue against) and that I have been resident in Spain, married to a Spaniard for only a matter of weeks.

Therefore I must wait one year after the date of my wife being granted Spanish nationality before I can start my own process....


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## Gregorians (Oct 18, 2017)

I have a variation on the op.

My hubby is Spanish by birth, and in this case has passport, ID etc.

We lived together in the UK for the last 25 years, where we got married, though we now have our matrimonial book, so the marriage is recognised by the Spanish authorities.

So does that mean that in a year's time I can apply for Spanish naturalisation?

As a sidebar, I'm aware that Spain usually asks you to renounce your other nationality, while the UK allows you to amass as many secondary nationalities as you wish. So what's the answer? Go through the process, hand over my UK passport and then apply for another UK passport later on?


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## Overandout (Nov 10, 2012)

Seems like my answer from this morning has been deleted? Not sure why.

Anyway,

Yes, as you will be applying for citizenship by residency, you will have to wait only 1 year instead of the normal 10 years. That's 1 year after your formal registration as a resident.

And, no, they no longer take your UK passport as the used to. You are simply asked if you renounce your existing citizenship. For your application for Spanish citizenship to be successful, you are required to reply that you do.


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## Gregorians (Oct 18, 2017)

Overandout said:


> Seems like my answer from this morning has been deleted? Not sure why.
> 
> Anyway,
> 
> ...


Thanks, funny same thing happened to me with a new post. Maybe vBulletin Solutions, Inc. are taking a revisionist view of fact?


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## Overandout (Nov 10, 2012)

Gregorians said:


> Thanks, funny same thing happened to me with a new post. Maybe vBulletin Solutions, Inc. are taking a revisionist view of fact?


Ha! I though it may have been becasue I suggested crossing your fingers in your pocket when you renounced your British nationality!!!


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