Residence and Citizenship

[migofernandez]

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

[Marta]

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.

[migofernandez]

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

[Marta]

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.

[migofernandez]

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?

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]

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.

[RON]

Hi Marta,

I dont know what to do about my Spanish nationality, I apply August 2010 and 5 month later i had interview with the National police, when ever i chack web site of mjusticia all i can see is as follow: (Recibidos los informes, el expediente se encuentra en estudio. La información que el Ministerio de Justicia ofrece en esta página no tiene carácter de notificación.
La notificación de la resolución se dirige personalmente al interesado. Los trámites posteriores a la concesión se deben realizar en el Registro Civil)

Is now 3years 7months so what is your advice. Thanks.

[ge.morenop]

Hi Marta!

I've read your previous response to others in search for answers and its great to find someone that is passionated in helping others!!

As you response to Migo, I only have to reside in Spain for 2 yrs?? My parents are from El Salvador (which I read from your other respond of which countries are qualified!) Now my question is what are the procedures, do I need a visa in order to first move to Spain?
I live in the U.S, could I apply for jobs online or do I have to first reside in Spain then look for work??

Thank you so much!!
Gil Moreno

[Marta]

Dear Gil,

Thank you for your kind comments!

You would be able to qualify for Spanish citizenship after two years of legal residence in Spain, if you are from El Salvador or an ex Spanish colony.

In order to apply for a salaried permit this will need to be done from abroad, from the country you currently reside in. Nevertheless, with the current high levels of unemployment in our country, most applications are being turned down so we recommend you not to apply at the moment for this specific permit.

[Alfrek]

Hi all,

A couple related questions. First, what percentage Sephardic do you have to be to qualify? Any Spanish Jewish past? or does it have to be grandparents?

Second, does the US count as a former Spanish colony?

Third, if you do have one of the former qualifications to get fast-tracked to citizenship once you are a resident, does these qualifications give any help in getting a residential work permit? Right now the work permit seems like the hard part, not the citizenship.

Thanks!