There are some cases in which the exams for obtaining Spanish nationality (DELE and CCSE) are not necessary
In principle, there are two exams required to obtain Spanish nationality by residence, which are administered by the Instituto Cervantes. Namely: the diploma of Spanish as a foreign language (DELE) -with a minimum of level A2- and proof of constitutional and sociocultural knowledge of Spain (CCSE). However, there are exceptions, that is, cases in which taking those exams are not necessary, as explained below.
Who do not have to take any of the exams to obtain Spanish nationality
Order JUS / 1625/2016, of September 30, on the processing of procedures for granting Spanish nationality by residence, exempts from taking the exams to obtain Spanish nationality (both tests) to:
- Minors of 18 years old.
- People with modified legal capacity, as declared by a judge.
Additionally, the following people can ask for a waiver:
- People who can not read and write. Although the regulation does not expressly indicate it, it is understood that it applies to older people, who did not learn to read and write in their mother tongue, that is, illiterate. This would apply even to people of the Hispano-American countries.
- People with proven discapacity of more than 65%.
- Petitioners older than 70 years old.
- Applicants who have been studying in Spain and have passed mandatory secondary education (E.S.O). The norm does not expressly state it, but it implies that he / she should have completed at least one year of mandatory education (primary or secondary) and have obtained the certificate of E.S.O.
Nowadays, the Ministry of Justice allows to present the request for a waiver of the exams together with the application for nationality.
Exemption only to the language test (DELE)
In turn, the regulations indicates who, in addition to those mentioned above, do not have to take the Spanish language test (DELE), although they do have to take the CCSE:
1- Nationals of the following countries:
Argentina, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Equatorial Guinea, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Dominican Republic, Uruguay and Venezuela. This exemption is automatic, it is sufficient to indicate in the application for nationality that you are a citizen of that country.
However, to benefit from this exemption, in the case of not being one of these nationalities the main one with which you are identified before the Ministry of the Interior, you must also provide valid passport of the country or consular certificate of recognition of nationality that is not main.
An example of the latter case: a citizen who has dual Italian and Spanish nationality, and is registered in Spain as an Italian, so as not to have to submit the DELE if he wishes to be nationalized in Spain, must also attach a copy of the Venezuelan passport, or a certificate from the Venezuelan consulate that indicates that he also has that nationality.
2 – those interested who are in possession of a certificate of basic level (A2), intermediate (B1) or advanced (B2) of the Official Schools of Languages. Although the exemption is also automatic, the interested party must authorize the Ministry of Justice to make the necessary verifications on the issuance of the certificate in the register maintained by the Ministry of Education, Culture and Sports.
What happens if you have already registered to take the exams to obtain Spanish nationality?
It is important that if you are in one of these cases and you have already registered to present one of the exams and you choose not to present them, you will desist from the test before the Instituto Cervantes. Not only will you be able to recover the rate in some cases, but you will avoid appearing in the records as if you had not passed the exam, which can bring complications.
Link to the Resolution: http://www.boe.es/boe/dias/2016/10/11/pdfs/BOE-A-2016-9314.pdf