Obtaining the Spanish citizenship by marriage

We clarify your doubts about how to acquire Spanish nationality by marriage to a spaniard

1-If I marry a Spanish citizen, do I automatically obtain Spanish citizenship?

The answer is no; indeed, in order to acquire citizenship by marriage to a Spanish national, certain additional requirements must be met.
First, you must apply for it. Additionally, you must have lived as a legal alien in Spain at least during the year immediately prior to the application.

In other words, it is a request for Spanish citizenship by residence. The only difference with the other cases is that the residence time is reduced (instead of 10, 5 or 2 years for most cases, you only need one year of residence).

That is, you will have to submit the application electronically, complying with all the requirements for obtaining nationality by residence.

2- To acquire Spanish nationality by marriage, do I have to take the CCSE and DELE exams of the Cervantes Institute?

Yes, both the proof of constitutional and socio-cultural knowledge of Spain –CCSE- and the proof of knowledge of the Spanish language –DELE- (the latter only if your mother tongue is not Spanish).

3-If I marry a Spaniard, how long after I submit the application will I obtain Spanish citizenship by residence?

These types of applications are processed the same as usual cases, which are taking about two years to be resolved. (We recommend our article “How to expedite the Spanish nationality by residence: the contentious-administrative demand”).

4- To acquire Spanish nationality by marriage, should I be in a regular situation during the time it takes to process my application?

Yes. It is not enough to be in a regular situation (be a legal alien) during the year prior to the request, you must maintain that status during the processing time. Your residence permit (that is, the community family member’s residence card) must be in effect during that time. (We recommend our article: Can I lose the community family card?)

5-Can I obtain Spanish nationality if I marry a Spanish citizen of the same sex?

Of course. Article 44, second paragraph, of the Spanish Civil Code, states that “the marriage will have the same requirements and effects when both parties are of the same or different sex.”

6-Is it possible to acquire Spanish nationality by marriage if I marry a Spanish citizen abroad?

Yes, but in this case you have to register said marriage in Spain before applying for nationality (we explain the procedure in our article How to register a marriage celebrated in Spain abroad).

7-Can I apply for Spanish nationality if I am a de facto couple (civil law couple) of a Spanish national?

In this case the reduced residence time of one year does not apply. Thus, if you are a citizen of an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal, you will need 2 years of residence. If you have obtained refugee status 5 years of residence. In the other cases, 10 years of residence.

8-Can I acquire Spanish nationality by marriage for my minor children if I marry a Spanish citizen?

If they are also children of the Spanish citizen, these are Spanish of origin, you do not need to process their nationality by their residence. If they are children of another foreign father or mother, they do not benefit from reduced residence time. They would have to meet the residency requirement depending on their nationality (2 years for Latin Americans, etc.)

However, another possibility is that you first obtain Spanish nationality by residence. Then, if your foreign father or mother children are still minors, they acquire Spanish nationality by option. This procedure is much simpler. (We recommend our article “How can I acquire Spanish nationality by being a child of Spanish”).

9- Is it possible to obtain Spanish nationality by marriage if my spouse was not Spanish when we got married?

Yes, as long as your spouse has already acquired Spanish nationality before you have submitted your application for Spanish nationality by residence.

10- What other aspects should I consider?

It is important that you remember, if you have not yet married, that marriage in Spain is a solemn act. In some locations it takes several months since the marriage file begins. On the other hand, you must accompany the marriage application with a series of documents, several of which you must process in your home country, such as the certificate that you are not married, for example. These documents must be duly legalized and apostilled.

Finally, remember that marriage for convenience may be a cause of denial of nationality.