Spain Citizenship: Guide for Nigerians

Understanding Citizenship in Spain

Spanish citizens have the right to reside in Spain for as long as they like with no restrictions, so you can live and work in Spain as you please.

In addition, as Spain is a part of the European Union (EU), Spanish citizens are also EU citizens. Spanish citizenship grants the right to vote in Spanish and EU elections, and the right to live and work in all countries within the EU visa-free.

However, there are legal implications to becoming a citizen of Spain. For example, when you become a Spanish citizen, you are also becoming a Spanish national, and, if you’re from Nigeria, you would be expected to renounce the nationality of your home country.

Put in simple terms, as a Spanish national, you legally belong to Spain. Nationality is the term used to describe that belonging, whereas citizenship is the term used to describe the rights and responsibilities of that title.

How to Get Spanish Citizenship?

There are different ways to become a Spanish citizen. You can be a Spanish citizen by birth or descent, by adoption (option), by marriage, or through the naturalisation process.

Spanish Citizenship by Birth

Being born in Spain does not automatically make you a Spanish citizen; citizenship by birth depends on your parents’ nationality.

For example, it doesn’t matter if you were born inside or outside of the country; if at least one of your parents is a Spanish national at the time of your birth, you are automatically a Spanish citizen by birth and can apply for a Spanish passport. 

However, if you were born in Spain to foreign parents who are not Spanish nationals, you will be a citizen of your parents’ country of origin.

There are exceptions under certain circumstances, such as being otherwise known as ‘stateless’. Being stateless occurs when the parents’ home country refuses to recognise the nationality of a child born in a foreign country (in this case, Spain).

Spanish Citizenship by Descent

If one of your grandparents was a Spanish national at the time of your birth, you can claim citizenship by descent. The process of citizenship in Spain is based on the principle of ‘jus sanguinis’ or ‘right of blood’, rather than where you are born, and this means there are also laws surrounding other circumstances.

For example, if you are a descendant of a Spanish citizen who has been exiled or stripped of their nationality, you may also be able to claim citizenship by descent, so long as you can prove your ancestry.

Spanish Citizenship by Adoption

If you are a child under the age of 18 and have been adopted by a Spanish national, you automatically become a Spanish citizen and can apply for a Spanish passport.

If you’re an adult over the age of 18 and have been adopted by a Spanish national, you must apply for ‘Spanish Nationality by Option’. However, you must do so within 2 years of the adoption being finalised, and the process involves a formal declaration.

Spanish Citizenship by Marriage

If you are married to a Spanish citizen, you may be able to apply for Spanish citizenship; however, marrying a Spanish citizen does not grant you the right to Spanish citizenship straight away.

To be eligible, you must first register your marriage in Spain and then, legally reside in Spain with your spouse or civil partner for at least one year before you apply. You will not be eligible if you and your spouse are separated, either legally or in practice, at the time of application.

To apply, you will need to submit supporting documentation and pass Spanish language and culture exams. You will also need to make a formal declaration to the King and the Constitution at the Spanish Civil Registry.

Spanish Citizenship by Naturalisation

Naturalisation is the term used for the process of becoming a Spanish citizen after a period of legal residence in Spain. For example, if you have lived as a legal resident in Spain for at least ten years, you can apply for Spanish citizenship.

During this time, you must not have spent long periods outside of Spain. Short trips and holidays are allowed, but usually, you should not be out of Spain for more than 3 months. Also, it is worth noting that if you have spent time in Spain on a tourist or study visa, this will not count towards the ten-year residence requirement.

There are some exceptions to the ten-year rule. For example, if you go to Spain as a refugee, you can apply for citizenship after 5 years of legal residence. Or, you can apply for citizenship after 2 years of legal residence if you are a national of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal.

If you’re not adopted or married to a Spanish national, and you don’t go to Spain as a refugee, most Nigerian nationals who want to emigrate to Spain permanently will need to follow the ten-year naturalisation route to Spanish citizenship. To be successful in a naturalisation application, you must ensure you meet the requirements.

For example, to be eligible, you will need to pass Spanish language and culture exams and have a clean criminal record.

Eligibility Requirements

To be eligible for Spanish citizenship, you must:

• Meet the legal residency requirement for your circumstances.
• Have a clean criminal record – checks will be conducted in Spain and your country of origin.
• Pass the required Spanish language and Spanish culture exams as set by the Spanish government.
• Prove your financial stability.
• Provide documentation to support your application.

Supporting Documents

To apply for citizenship, you must be able to provide supporting documents as evidence within your application. Documents you will need to send include:

• Birth certificate.
• Valid passport.
• Bank statements to show you are financially stable.
• Criminal record certificates from all countries that you have lived in (including Spain).
• Proof of your legal residency in Spain.
• Marriage or divorce certificates (if applicable).
• Exam certificates to prove you have passed.
• Proof of payment (there is a fee when applying for Spanish citizenship).

Application Fees

There are costs involved when applying for Spanish citizenship. For example, you will have to pay to take the Spanish language and culture exams and an application fee. You should also be prepared to pay any fees when obtaining or legalising your supporting documentation.

The current application fee to apply for Spanish citizenship is: €104.05

The current fee to take the required exams is: €85

How to Apply for Spanish Citizenship?

Follow these steps to apply for Spanish citizenship: 

• Gather your documents – It is highly important to ensure you gather the correct documents and that they are error-free. Mistakes in documentation can lead to delays or the refusal of your application.
• Complete your application form – You must fill out an application form that is free of errors to avoid delays or refusal, and pay the required fees. You can do this online via the Ministry of Justice’s SEDE Electronica, or in person at a Spanish Civil Registry. If you are applying for citizenship by birth or descent, you must do this in person.
• Submit your application – You should submit your application along with your documentation. You can do this either online or in person (see above).
• Wait for your decision – You will need to wait for a decision on your application.
• Take the oath of allegiance – If your application for Spanish citizenship is successful, you will need to make a declaration to Spain (the oath of allegiance).

Application Processing Times

Online applications take considerably less time than paper applications to process. If you apply online, you should expect to receive a decision within approximately 5 to 6 months, whereas paper applications can take between 1 and 2 years.

However, if your application has not been processed within one year, you are legally allowed to file for a judicial review to have it looked at promptly.

If you want a faster decision, the best thing to do is apply online, ensuring all documents are error-free. You could also consider using legal experts, such as IAS, who can help you understand the bureaucratic processes in Spain better. You can call us on +234 2013306361 or contact us online.

If your application is successful, once you have sworn your allegiance to Spain, you will be classed as a Spanish citizen and will be able to apply for a Spanish passport.

Obtaining a Spanish Passport

Once you become a Spanish citizen, you can apply for a Spanish passport. Because Spain is part of the EU, a Spanish passport will allow you to travel to, live, and work in all EU countries visa-free.

To get a Spanish passport, you must apply in person at your local Spanish police station. You will need to pick up an application form and schedule an appointment. Or, if you are applying from outside of Spain, you will need to schedule an appointment at a Spanish Embassy or Consulate within the country from which you are applying.

You will be required to provide photographs that comply with passport regulations and your biometric data, such as your photograph and fingerprints.

You should take your completed application form, passport photographs, and any supporting documents you may need (for example, your naturalisation certificate) with you to your appointment.

You will be expected to pay the application fee, which is currently €30.

You should then wait for your passport application to be processed, which is usually around 2 to 4 weeks. If successful, your passport will be issued and delivered to you within this time frame.

Dual Citizenship

Spain does not automatically grant the right to dual citizenship, and if you’re from Nigeria, you will have to renounce your Nigerian nationality to become a Spanish citizen.

Only applicants from certain countries may obtain dual citizenship in Spain, namely, Spanish-American countries. As Nigeria does not fall under that category, you will not be able to apply for dual citizenship in Spain and will lose all legal rights in Nigeria when you become a Spanish citizen.

In effect, you will legally belong to Spain and will no longer be known as a Nigerian national.

How IAS Can Help

As qualified immigration lawyers, our expert team can help you with all aspects of obtaining Spanish citizenship.

For example, we can provide guidance and support to ensure that you meet all of the eligibility requirements before you apply. We can help you gather the correct documents and ensure they are error-free and legalised to support your application.

We can advise you on all aspects of the application process from start to finish, and we can do so with ease and precision.

We can also help you file a judicial review if your application has taken longer than a year to process, or if it has been refused.

If your application is successful, we can help you apply for a Spanish passport. There is no end to what we can offer as immigration experts, and our bespoke services are sure to leave no stone unturned.

For help with your immigration needs, you can call IAS today on [tel_ira], or contact us online.