On October 11, the Order of the Ministry of Justice 1625/2016, dated September 30, on the processing of procedures to obtain Spanish nationality by residence, was published in the Official State Gazette (BOE). It is, in turn, a development of Royal Decree 1004/2015, of November 6, containing the Regulation that regulates the aforementioned procedure.
The order, as it could not be otherwise, repeats most of the rules of the Regulation, maintaining the preference for the online procedure and that we explain step by step in the following link: process the Spanish nationality by Internet. However, there are some additional details worth mentioning:
1-Additional information to obtain Spanish nationality
Insists that the person interested in obtaining Spanish nationality expressly authorize the Ministry of Justice (marking it in the corresponding box) to directly obtain certain information from other bodies of the Spanish State.
This was also the case in the previous procedure (for the case of criminal records and certificates of knowledge of the Spanish language and the culture and Constitution of Spain). But now the list expands, to include the following:
a mandatory report from the Ministry of the Interior that the requirements of article 22 of the Civil Code are met (good civic conduct and integration into Spanish society).
a report from the National Intelligence Center regarding its own area of competence.
Any other report from the Public Administration that the Ministry of Justice deems necessary.
As we see, the wording of this rule leaves the applicant with some helplessness, since it allows the ministry to establish in practice additional requirements over which the applicant of the nationality has no control or capacity to refute if they are negative.
2-Sufficiency of the language
It extends the possibility of demonstrating the sufficiency of the language for those who wish to obtain Spanish nationality, without the need to present the examination before the Cervantes Institute, to those who hold certain certificates issued by other Spanish educational authorities. Nationals of Spanish-American countries are also still exempt from submitting such an examination.
3-Dismisses the DELE and CSSE tests
Persons who do not know how to read or write or who have learning difficulties may request a waiver of Spanish language and culture tests from the Ministry of Justice, which, in view of the particular circumstances and evidence provided, will give a reasoned decision.
Likewise, applicants who have been schooled in Spain and have passed compulsory secondary education may be exempted from said tests. Both ends must be accredited by means of the appropriate documentation included in the file. See more: Explanation in detail about who is exempt from taking exams for Spanish nationality.
4- Criminal record
In the case of the criminal record of the country of origin of the person applying for Spanish nationality, it extends the validity of these to 6 months (previously it was 3 months).
5-Registration of nationality
The Civil Registries must register the nationality within 5 business days after its concession and swear. Recall that there were cases of cities and towns in which this was taking up to a year. In this sense, it is a favorable change for the applicant.