Filipino Wanting Spanish Citizenship

[jesatlarge]

Tremendous forum so thanks to all for all the great information. I am a US citizen by birth, who recently acquired Filipino citizenship through my father who was a Filipino citizen when I was born (in the US). So I am a natural born Filipino per Filipino law. My birth and citizenship in the PI was recently registered through the Filipino consulate. However, the paperwork for my PI passport was lost and I have not yet reapplied. Questions:
1. Do I need a PI passport to prove I am Filipino or will proof of registration and acknowledgement of my birth with the authorities in Manila be enough?
2. I intend to either get a job in Spain (international school) or non lucrativo visa. Is it correct that recently the processing time to convert these to citizenship after the two year period is now less than a year?
3. Will my wife ( non US non Filipino) get permanent residency or citizenship through mine?
4. If I renounce my US citizenship to get Spanish, will the US automatically cancel my passport?

Thanks in advance for any and all help.

[Patricia]

Hello Jesatlarge,

Thanks for your kind words.

In reply to your questions:

1. You certainly need to prove you have the Philippine passport.
2. You will be eligible for the Spanish Nationality application after two years holding a residence permit ( either as a salaried worker, self employed or just holding mere residence). Then, the processing time of nationality applications have been reduced but still takes longer than a year.
3. She will be able to shift from mere residence ( based on family reunion or via a non lucrative permit ) to a residence card as the relative of an EU citizen ( 5 years validity) and then apply for a permanent residence card. Once you are a Spanish citizen she will have to wait for one year ( holding legal residence status ) before she can file the Spanish nationality application as spouse of a Spanish citizen.
4. No, but Spain will only recognize your Spanish nationality.

Regards,

[jesatlarge]

Patricia, thank you so much for you answers. I have two more questions.

1. During the two years of my non lucrativo visa that I will be using for residency, must I be present in Spain itself for 183 days of each calendar year, or 183 days in the larger Schengen area?

2. If I apply for Spanish citizenship after these two years, what are the residency requirements during the year or so that I must wait for citizenship?

Thanks in advance for any help you can give. I searched the entire thread and could not find answers to these questions.

[Patricia]

Hello Jesatlarge

Please find your questions answered below:

1. During the two years of my non lucrativo visa that I will be using for residency, must I be present in Spain itself for 183 days of each calendar year, or 183 days in the larger Schengen area?

You should remain in Spain, though you can also be in the Schengen area bearing in mind your passport won´t be stamped. Anyhow, if your main purpose is to get the Spanish citizenship, I recommend you to stay in Spain as long as you can as the registry officer gives a lot of importance to the actual residency, the command of the Spanish language and integration in Spanish culture and customs.

2. If I apply for Spanish citizenship after these two years, what are the residency requirements during the year or so that I must wait for citizenship?

You must not exceed three months in a row out of Spain. The rest of the time, you need to reside and stay in Spain. The 183 rule applies to keeping a residency status, but for citizenship purposes, the minimum stay requirements are more strict.

Regards,

[jordz09]

Hello!

I am a Filipino resident who wants to claim Spanish citizenship by option. I am a son of a Spanish man but unfortunately, he left when I was born. I was wondering if I would be able to argue this as a ground for citizenship? His name is indicated in my birth certificate as proof.

I wanted to trace my bloodline as my grandparents are of Spanish descent. Would it be possible to inquire directly at the Spanish Embassy? Thank you so much!

[ECB]

Hi Patricia. After reading this thread and other sites talking about residency and citizenship, I have the following questions/clarifications:

1. For the 2-year residency for a Philippine citizen/national to be eligible for citizenship, the stay does not need to be continuous for as long as I stay at least 183 days per year, correct?

2. In relation to question 1, "per year" means calendar year? Or is the "year" counted from the time I'm issued a residence visa (like a Golden Visa or a non-lucrative visa) and is not on a calendar year?

3. After I meet the 2-year residency requirement and I apply for citizenship, I still need to stay another year while the citizenship application is in process?

4. During the time that the citizenship application is in process, I cannot leave Spain for more than 3 continuous months until the citizenship is approved?

5. If I enter Spain on a non-lucrative visa and then I decide to start a business or I get a job, can I convert to an entrepreneur's visa or work visa? And will the time I spent in Spain under the non-lucrative visa be counted towards the 2-year residency requirement for citizenship?

[Patricia]

Hello ECB,

Please read my replies to your questions:

1. Yes, as long as you meet the minimum stay requirement that allowed you renew your residence permit, you should be fine.

2.It is the year counted since you were issued the residence visa.

3.Yes, you can Travel but always meet the minimum stay requirement. If you are out of Spain for long periods of time, be sure someone is checking the mail and notification´s address as the Civil Registry can send you documentation requests or other type of communications related to the nationality application along the process and usually involve a deadline, so it is important to be alert and not miss any notification.

4. You are correct.

5. You can apply for a modification of your residence permit at any time once you have renewed the permit for the first time. The amount of time as a resident under the Non Lucrative permit would be added to the new residence authorization.

If you need further assistance, please contact us via our contact page: https://www.lawbird.com/services/contact

Regards,