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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
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.
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
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.
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
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.
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
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.
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.
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.
Hi Benlim,
For the non lucrative permit you will need to prove residency in Spain. Either by purchasing or renting a property in Spain. This is one of the main requirements.
I don't quite understand when you say that you can only find a job in Spain if you have citizenship... This statement is not correct..! :) Once you have been issued your work and residence permit you will be able to begin working straight away. Not if it is a non lucrative permit of course, but in this case, you will be able to change your permit after the first year into a salaried or self employed permit without any difficulties.
If you would like to start working straight away, then you might want to consider the self employed permit. Right now due to the current economic circumstances, it is a very good permit to apply for.
With regards to the time spent in Spain I am afraid that I cannot give you a different answer to the one already given. The law is very clear with regards to the requirements for residency.
You have my e-mail address and my contact number. Please feel free to give me a call or send me an e-mail if you would like to discuss this matter in more detail.
i have lithunian student temporary residence and i left lithunian country now i am in spain i don,t want to counvert in spainsh resedence what can i do?
Hi Sks,
Unfortunately I don't understand your post.
Being Lithuanian you are part of the European Union and you can therefore reside and work freely in Spain. Anyone who spends more than 183 days per year in Spain becomes fiscally resident in this country. Does this answer your query?
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
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.
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!
Hi Alfrek,
With regards to your first question unfortunately I am not able to help. You need to prove that you are of Sephardic descent but as to the documentation required, I cannot say. I would recomend that in order to find out, you contact your nearest Sephardic congregation or even the one in Spain. Your closest Spanish Consulate might also be able to help.
No, the Spanish civil code does not contemplate the US as a former colony.
I am not sure of what you mean by former qualifications? I don't quite understand...
hi what are the requirements for self employed permit as you mentioned in one of your post? and where do i need to apply for that? are those permit also available for people coming from the 3rd world countries and how long is the processing?
Hi,
In order to find out about the requirements please e-mail us at our Lawbird website and we will explain in detail. The processing time varies depending on the permit you are going for and the province you apply in. It can range from 3 months to a year. Yes, you can apply from any country or nationality. Spain has no restrictions when it comes to nationalities.
Hello, My family on both sides are of Spanish descent and the founding families of New Mexico and California. In fact we still have Spanish land grants in our name awarded to us by the King of Spain. So we are Spanish by blood down the line with very little to no mixing for close to 400 years in the now U.S. former Spanish colonies.
Can you please tell me if the Spanish government would acknowledge it's former colonies in the U.S. provided I can show proof of direct lineage and family names and immigration documents?
Hi,
New Mexico and California are not considered in the civil code as Spanish former colonies. Also note that the ability to obtain citizenship via bloodline goes back two generations. Either one of your grandparents or parents would have needed to be Spaniard.
Hi Marta, My grandfather, Ramon Lopez-Pozas was spanish, born in the philippines to a spanish general( he has a street in Madrid named after him General Lopez-Pozas) who was in charge of the province of Cebu when spain held the philippines. He left the philippines with his father when spain ceded control to the United States. He came back to the philippines in 1918 with some people from Tabacalera company which was a tabacco company. He then married my grandmother and bore my father, Jose Thomas Lopez-Pozas and my aunt, Ma Carmen Thomas Lopez-Pozas. Last year i went to the spanish embassy hoping to apply for spanish citizenshiip but was told by a filipina in charge of applicants that i had to have proof that my father renounced his spanish citizenship before i was born in 1951 in order for that to happen. She showed me a card file that showed that my grandfather had entered the philippines in 1918 with a certain document(not a passport) but that he was a citizen. The card also had my fathers name on it with a passport number which was issued in 1946 right after world war 2 (most documents-birth certificates,marriage certificates were destroyed during the second world war). I told that what she said did not make any sense. If my father renounced his citizenship before i was born then i was not a spanish citizen. She said 'basta' which infuriated me and i asked if i could talk to anyone else and she said no so i left since it was useless( the consulate where we met puts too much power in this woman). Could you clarify this for me? I also have a brother and two sisters.The elder sister and i are both listed as spanish citizens in our birth certificates although we were never registered with the spanish embassy. My grandfather passed away in 1960.
Hola Migo! Have you ever heard of TNT? I recommend you get to Spain on your student visa, then go TNT. I've heard of people having success that way. But in the end if they catch you, don't claim immunity because you're scared of abu sayyaf or anything like that. They take that S$%T seriously!! LOL!
Hi there, I'm wondering if anyone can answer this for me cause I've been very confused. I am 22, I was born in the states in Seattle. My Dad was born in California but he was Puerto Rican, his Mom (my grandma) was born in Puerto Rico in 1934. I was trying to track down my great grandparents because I know they were born in PR as well but the problem is... everyone in this situation is deceased, my dad, my grandma and my great grandparents... also all of the relationships are bad... really bad so I don't know much about anyone but my dad and my grandma. Anyway, I've been looking into Spanish citizenship lately and wondered if there was any way I could go through my grandma?
Dear Madam/Sir,
Is that possible for a third country nationality which has been studying in Hungary for last 3 years and has schengen visa to get spanish permanent residency by buying property?
If its true please give me some information?
Thanks in advance
Regards,
Arashovski
Quote:
Originally Posted by Cielito
I'm not sure about iberoamericans but I am very familiar with hispano-pacific islanders. In those cases you need to be born in the country designated by Spain for accelerated repatriation.
Wow RayLopez!! Calle del General López Pozas is a well known road and General López Pozas is in the history books in Spain. I think even current attorney general Cándido Conde-Pumpido has mentioned him. If anyone could gain an exception, it could be your grandfather!! Good luck!Quote:
Originally Posted by raylopez_pozas
dear marta,
I am non European but have long term residency EU in Hungary i would like to move to Spain and get marriage and have residency and nationality
is it effect the process of residency if i show to police station that i have European Union residency in Hungarian and how long it will take to have residency?
would you be so kind tell me how many residency we have and which i have to apply that can help me for my nationality by marriage?
thanks a lot
wait for replay
Dear Shajar,
Those individuals holding a long term residency status in another EU country can enter Spain without a visa and spend 6 months in the country. If you are seeking residency in Spain, you will have to apply for a work and residence permit at the corresponding immigration office while on a regular status in Spain. If the application is related to a salaried work and residence permit, you will have to provide with a work contract and a certificate issued by the unemployment office that certifies there were no unemployed Spanish residents available to take the job; that is, that the current employemnt situation in Spain will be considered. These permits are rarely granted these days due to the high unemployment rate in Spain. If the work permit you need is related to a self employed activity, you will have to provide with a business plan and proof of sufficient funds available to invest ( currently set around 100.000 Euros ).
You mention that you may also get married, but do not specify the nationality of your partner. If he/she is an EU citizen residing in Spain, you could apply for a Residence card as a relative to an UE citizen once married. If he/she is an non EU citizen with legal residency in Spain, you would then be able to apply for a family reunion permit once married. The validity of each permit varies; five years in the first case and, in the second case, it will depend on the validity and type of residence permit your partner holds.
Generally speaking, Spanish Citizenship can be applied for after 10 years of legal residency in Spain. This period is reduced in the event you become a relative of a Spanish citizen or meet other specific requirements ( Latin american origins, born in Spain, etc ).
As you can see there are various options for residency depending on your personal circumstances and future plans in Spain, so I recommend you to get the legal advice of an immigration expert that can assist in deciding which type of permit application suits your specific needs and how to start the process.
Please feel free to contact me by e-mail by clicking on my profile if you wish to discuss your particular case.
Regards,
Hello Arashovski,
Buying property in Spain does not grant the right to residency per se. You would still have to file a residence application form. The fact of holding property in Spain supports an application, mostly Non Lucrative residence applications ( right to reside but not to work ) but will not be a sole requirement.
Permanent residency is not granted immediately, even if you have lived with a valid residence permit in another UE country; you would have to spend at least 5 years in Spain on a legal status to be able to apply for a long stay permit.
If you let me know more about your profile I will be able to recommend you how to seek residency in Spain.
Please feel free to contact me by e-mail by clicking on my profile if you wish.
Regards,
Hi Patricia,
I was born and raised in Canada - my father was born and raised in El Salvador and my mother in Guatemala, they both migrated due to political instability and settled in Canada in their early 20's. My question is threefold: 1) If I obtain either Guatemalan or Salvadorian citizenship via my parents, would I only have to live in Spain for 2 years to obtain Spanish citizenship? 2) If I claim Spanish citizenship via the Salvadorian citizenship I intend on obtaining - as Spain (from my understanding) does not have a bi-lateral agreement with El Salvador - would I lose my Salvadorian citizenship if granted Spanish Citizenship? 4) What are the ramifications on my Canadian citizenship upon obtaining Spanish citizenship
Many thanks,
Andres
Hello Andromeda,
In response to your exact questions, please read:
1. Yes, those holding Latin American citizenship are only required two years of legal residency to be eligible for Spanish citizenship by residency.
2. As far as I know El Salvador is a Latin American Country, so Double Nationality Spanish/Salvadoran is possible. You can check this information at the Ministry of Justice Website.
3. You need to renounce to your Canadian Citizenship when getting the Spanish one as there is no Dual Citizenship agreement.
If you wish to discuss this issue further, please contact me by email ( details in My Profile ).
Regards,
Hi I am Umme Hani from Pakistan want to settle in EU to get an EU citizenship. Can you please tell what can I do? One more thing I would like to ask, if I study in Spain for 2 years do I get a Spanish citizenship?
Hello Umme Hani,
Your query is far too vast to be able to answer it in a forum. Please contact us at our law firm’s e-email and we will guide you as to the best possible permit for you, depending on your personal circumstances. Regarding your other enquiry, note that time spent as a student does not count towards citizenship.
Dear Patricia & Marta,
I would like to know more about arraigo social, I hope someone can help me clarify & give me some advice
First of all, my name is Ronald, Im Indonesian, few years ago I graduated from University of Amsterdam, then went back to Indonesia and now I am interested to take my master degree in Barcelona, but I would like to know the advantage beside nice city, rich culture, good education system & competitive price.
In this case I would like to know what happen with me when I graduated and would like to find a job experience for few year before I go back to my home country.
From what I know of, in the Netherlands and Germany, they have a scheme called Orientation year (ZOEKJAAR in Dutch), where all graduates are given the chance to find a job without any restriction such as working permit or salary-age restriction (like in Highly skilled migrant policy) and are considered like Dutch & German when finding a job (without complicated process) for 1 year after graduation date.
I have search through the internet & could not find such Orientation year policy in Spain, but instead I found something also quite interesting called arraigo social
In this case I would like to know if I studied in Spain for at least 3 years & receive a job offer, would I be able to apply for arraigo social, and what are the requirements.
From Spainexpat it says:
To be eligible to apply for arraigo social, you must:
1. Have lived in Spain for a minimum of three years.
2. Not have a criminal record in your home country, in Spain, nor in the country you lived in prior to residing in Spain.
3. Have a job in Spain with a legal work contract OR sufficient economic resources.
How can I apply
4. A work contract (signed by you and your employer) with a duration of at least one year from the date of your arraigo application OR proof that you are able to financially support yourself. This might include recent bank, investment or pension statements
5. Documentation attesting to your family ties with other legal resident foreigners (spouse, parents, and/or children only) OR a social integration report issued by your local town hall (ayuntamiento). If you need the social integration report, you should be prepared to do this first. You will meet with a social worker and be asked to provide proof of your financial situation and social ties in the community (for example, local organizations you are a member of) to one or more interviews. Based on the social worker’s findings, the local authorities will issue you a social integration report. It will recommend you as a favorable or an unfavorable candidate.
Now my questions are:
I.Would studying for 3 years count as have lived in Spain for a minimum 3 years?
II.Regarding no.3 will internship count as have a job with legal contract?
III.When I graduate, and would like to find a job experience, do I have to follow the highly skilled migrant policy or normal work contract as long it is minimum salary?
The thing is I am afraid that to have legal work contract means I have to find highly skilled migrant contract (I dont know if Spanish has that policy or not), in this case Im sure it will be hard to find a job which pays me €50.000/year gross since I am over 30
IV.or Proof that I am able to financially support myself, how much would that be?
V.I am still not clear with no.5 above. Does that mean I have to have family or relative in Spain, or I need to join some organizations, or do I have to pass some exams (such as civic integration exam or inburgeringexamen in the Netherlands)?
Please help me understand more
Thank you in advance
Regards
Hi
I have read that even after the 2 years residency for Latin Americans or former Spanish colony countries, that the time to acquire citizenship may take 2 to 4 years. Is this correct? Also, if this is true, is there any way to fast track the process? For example, is there a faster processing for Latin Americans or former Spanish colonies? An extra fee for rushed applications?
Thanks
Bindy
My grandfather is a pure Spanish, but he was born in the Philippines, his parents were migrated from Spain to the Philippines.
Will i be entitled to obtain the Spanish citizenship? and how long processing of application?
Thank you
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.