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Thread: Residence and Citizenship

  1. #1

    Default Residence and Citizenship

    I was wondering if someone can help me about the 2-year residence in Spain to be eligible for citizenship (nationals of Spanish colonies such as South Americans).

    When we say "residence" does it mean a work permit holder only? Or does it include obtaining a student visa (to be eligile for citizenship) so long as this
    2-year is uninterrupted and legal?

    I would be delighted if someone can enlighten me.


    Migo Fernandez

  2. #2
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    Hi Migo! When reffering to the residence period required for citizenship, any type of work & residence permit will be taken into account. Even the non lucrative residence permit. Students however don't hold a resident status. Under a student visa they are legally in Spain but only for a specific period of time.Therefore the period of time spent in Spain under this type of visa, will not count towards a citizenship request.
    Last edited by Marta; 12-26-2008 at 07:43 PM.
    Marta Flores
    Legal Assistant at Lawbird
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  3. #3

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    Hi Marta,

    Thank you very much for the info. I have one last final question. Does this mean that even if I am going to study for 3 or 4 years uninteruptedly, this cannot be classified as residency? My course will run like this. 3 months of Spanish lesson then 3 years of university degree in Spain in Spanish. Do I still not qualify despite the 3 years and 3 months that I have been staying?

    Your info will be invaluable for my future decision. I thank you in advance.

    Migo Fernandez

  4. #4
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    Hi Migo,

    Unfortunately this would be the same case. Your stay in Spain under a student visa or permit is not classed under a residence status ( In Spanish, residencia). It would be classed as a student short term stay permit ( estancia por estudios). The main requirement for citizenship is that you have resided in Spain for at least two years, in the case of South Americans.
    Marta Flores
    Legal Assistant at Lawbird
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  5. #5

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    As ever thank you for the reply. There seems to be inconsitency with this argument. I have checked the other website and it is saying the opposite way. And this is the reason for the query as I want to nail it. I hope you can provide me any website that clearly states your answer to my question.


    Q. I have heard that nationals of former Spanish colonies and sephardic jews need only 2 years "residence" in Spain to be eligible for citizenship. When they say "residence", does this mean 2 years of permanent residence or does it include any type of residence, be it temporary or student residence?
    Tess Ballesteros Harris
    New York


    A. Certainly nationals of former Spanish colonies, sephardic jews, citizens from the Phillipines, Portugal and Guinea need only 2 years of residence in Spain to be eligible for citizenship. This residence, according to the law, has to be uninterrupted, which means you cannot become a resident of another country meanwhile and then reapply to achieve the period of 2 years.
    The Civil Code establishes that the residence situation has to be legal, uninterrupted and prior to the application for nationality. Therefore, any residence situation, as long as it complies with the above requirements, is valid for the purposes of obtaining citizenship. Let us know if you need more help


    The above statement is taken from a website, marbella-lawyers.com. The website is saying differently. Is there any chance where you have a website that says the opposite?



    Quote Originally Posted by Marta View Post
    Hi Migo,

    Unfortunately this would be the same case. Your stay in Spain under a student visa or permit is not classed under a residence status ( In Spanish, residencia). It would be classed as a student short term stay permit ( estancia por estudios). The main requirement for citizenship is that you have resided in Spain for at least two years, in the case of South Americans.

  6. #6
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    Hi Migo,

    According the Article 33 in the Ley Organica 4/2000. Sobre derechos y libertades de los extranjeros en España y su integración social, foreign students in Spain hold a regime of “ estancia”, which is equivalent in time to the duration of the course in which the student is enrolled. Estancia could be translated into English as a short stay period. This is not the same as a Residence status, which is the main requirement of citizenship.

    The article you have referred to was written in the year 2000 and is out of date. Thank you for pointing it out. It will be amended.
    Marta Flores
    Legal Assistant at Lawbird
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  7. #7

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    Hola Marta,

    Muchas gracias! You put things into a better perspective. You were absolutely right and spot on about the student visa. Thank you also for providing the name and number of the Article. It was extremely helpful. I even read the original document.

    One more question. The Article 33 you mentioned said that there are 5 types of visa (a-Visado de tránsito; b-Visado de estancia; c-Visado de residencia; d-Visado de trabajo y residencia; e- Visado de estudios). What is the similarity and difference between c and d?

    My understanding is that c is for residence without the need to work and d is about having work permit and residency at the same time. If this is the case, am I right to assume that d, whether it is through work or on-the-job-training, will count as a form of residence?

    Lastly, how can I avail of your service? Thanks in advance as ever.


    Migo Fernandez



    Quote Originally Posted by Marta View Post
    Hi Migo,

    According the Article 33 in the Ley Organica 4/2000. Sobre derechos y libertades de los extranjeros en España y su integración social, foreign students in Spain hold a regime of “ estancia”, which is equivalent in time to the duration of the course in which the student is enrolled. Estancia could be translated into English as a short stay period. This is not the same as a Residence status, which is the main requirement of citizenship.

    The article you have referred to was written in the year 2000 and is out of date. Thank you for pointing it out. It will be amended.
    Last edited by migofernandez; 01-15-2009 at 07:06 AM.

  8. #8
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    Hi Marta:

    You sound fairly knowledgeable of the Spanish immigration law. I was hoping if you could help answer my question.

    I am a Filipino national and would like to acquire Spanish dual nationality. I understand there is a 2 year residency requirement--therefore, I plan on getting the non-lucrative residency visa.

    The problem is, I still have to work in the United States. I can visit Spain as often as necessary, but I will not be able to reside there long-term. Is it possible to get the non-lucrative visa, visit Spain often (on a regular basis) and still get Spanish nationality after two years? Or do I actually have to physically live and be in Spain continuously for two years?

    I read somewhere that the visa can be revoked if I am out of Spain for 6 months continuously. Does that imply that I just have to visit Spain once every 6 months, get the stamp in my passport, and then I will still be ok?

    Thanks.

  9. #9
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    Hi Benlim,

    Thank you for your kind comments.

    The Spanish law states that in order to be resident in Spain you must reside in Spanish territory for at least 183 days per year. Failure to do so could mean that your permit is revoked. Having said this I don't know of anyone who has lost their residence permit for not residing in Spain for this long.
    Marta Flores
    Legal Assistant at Lawbird
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  10. #10
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    Thanks for the reply Marta.

    Does that mean that for the non-lucrative visa I have to have proof of residence in Spain (e.g. rent an apartment in Spain)? Or do I just have to show proof that I have enough financial ability to afford housing?

    I really would like to become a Spanish citizen so that I can eventually live and work in Spain, but I can't quit my job here in the United States. Do you know of any possibilities of getting the permit and fulfilling the residency requirements without necessarily having to live in Spain continuously for 183 days? The problem is I can only really find a job in Spain if I have citizenship (i.e. no working visa issues), but I can't afford to just migrate over and waste two years to get citizenship (despite having enough investments and savings to get the non-lucrative visa).

    Any help on the matter would be greatly appreciated.

    Thanks.

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