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SPANISH CITIZENSHIP

The main reasons for having your Spanish citizenship application denied

Whether it be time spend out of the country or incomplete documentation, there are several reasons that your Spanish citizenship application could be denied.

Published: 1 March 2024 11:56 CET
The main reasons for having your Spanish citizenship application denied
Chris Boland/Unsplash.

If you’re considering applying for Spanish citizenship and meet all the requirements (more on that below) you’ll need to start thinking about your application.

The different documents you need, the fees you need to pay, the forms to print, the appointments to make — there’s a lot to keep in mind.

But it could all be in vain if you make some of the mistakes listed below, and your Spanish citizenship application could be denied.

It is important to make sure your application is 100 percent correct before applying, because any mistakes could send it back into the stuttering system that is Spanish bureaucracy.

Spain has a massive backlog of cases that leaves pending files loitering in the system for several years. It currently has 218,237 unresolved applications, some of which were made almost a decade ago.

READ ALSO: Spain granted nationality by residency to almost 250,000 people in 2023

That in mind, here are the most common reasons for having your Spanish citizenship application denied.

Having a criminal record

Having a criminal record whether in Spain or in your country of origin is usually grounds for an automatic rejection. Spanish immigration law experts ImmigrationSpain.es state that even minor misdemeanour level offences could impact your application: “You may be refused a licence for simple or basic reasons such as receiving a fine for speeding (reckless driving) or having tested positive in a breathalyser test.”

It isn’t entirely that simple, however. It depends on the severity of the offence, of course, whether or not you committed it in Spain, and if you served jail time, among other factors. In Spain, however, there is a way of ‘cancelling’ your record that involves paying a fine, serving the time (if applicable), and then waiting a period before applying to have the record wiped.

Only then, once your record has been cleared and the crime ‘deleted’, so to speak, should you apply for citizenship. But if you do it before, it’s a sure way to get denied.

READ ALSO:

Not fulfilling residency requirements

If you apply before you’ve met the residency requirements for citizenship, you’ll also be rejected.

In order to obtain nationality by residency you must have resided continuously in Spain for 1, 2, 5, or 10 years, depending on your situation and the means through which you’re applying.

The amount of time you have to wait before you apply for citizenship may vary depending on where you’re from and your family ties:

  • 10 years is the normal rule
  • 5 years if you are a refugee
  • 2 years if you are from a Latin American country, Andorra, Equatorial Guinea, Philippines or Portugal. In all of these cases, you will not need to give up your original nationality, and you will be granted dual citizenship.
  • 1 year for those married to a Spanish national or children/grandchildren of Spanish citizens born in Spain.

Misunderstanding ‘stay’ vs residency

A rule to keep in mind: the time before you applied for a residency card didn’t count.

Now you know how many years you must reside in Spain before becoming eligible for citizenship, you should also understand the difference between periods of ‘stay’ in Spain (such as time spent in Spain on a student visa, for example) versus legal residency in the country.

If you include ‘stay’ periods in the residency time as part of your application, it will be rejected. Time on tourist visas, short-term work visas, and any other type of non-residency stay, does not count towards your total time.

Many people misunderstand this and apply based on their total time in Spain, only to have their application rejected for not fulfilling the residency requirements.

This surprises some people because when applying for long-term residency (also known as ‘permanent’ residency) time spent in Spain on a student visa counts for half, but not for citizenship applications.

READ ALSO: EX-11: How to get your long-term residency card in Spain

Submitting incorrect documentation

Another reason citizenship applications are rejected in Spain is due to incorrect documents, and there’s a whole host of ways to fall foul of this mistake.

Submitting documents that are incorrectly translated or apostilled, or expired documents (such as your passport or police record) or even making mistakes as simple as spelling mistakes on the paperwork, could lead to your application being rejected, but is more likely to meant it is sent back to you, something that will delay the process significantly.

You can see the documents you will need to include in your application below, but note that the paperwork can vary depending on the type of application you’re making (ie. how you qualify for citizenship):

  • Passport and NIE number
  • Current residence permit
  • Birth certificate
  • Criminal record
  • Marriage certificate (if applying for citizenship by marriage)
  • Current census and padrón
  • The certificates you will receive after passing the two required exams DELE A2 and CCSE
  • If you want to give your children the possibility of getting citizenship by option, you should also include their birth certificates
  • Proof of payment for the corresponding fee (around €100)

Not responding to the Ministry

If you do make a mistake with your application, the Ministry of Justice may get in touch for more documents, or to clarify an error in your application.

If you don’t reply to them, or reply after the deadline, your application will likely be rejected.

Leaving Spain for too long

According to Spanish law, the residency period necessary to obtain citizenship must be legal and uninterrupted, or ‘continuous’ as it’s usually referred to in Spanish.

That is to say, if you leave Spain for a prolonged period of time during your residency period, your citizenship application could be rejected.

How long is too long? Three months continuously outside of Spain if you are required to stay for 5, 2 or 1 year to apply for nationality, and 6 continuous months out of Spain if 10 years of residence is required for citizenship.

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SPAIN AND THE US

How to quickly get a US passport for a child born in Spain 

What are the steps to apply for a baby's US passport from Spain? How long does it take? Here’s all the experience-based information and tips American parents in Spain should know before beginning the process.

Published: 17 April 2024 16:46 CEST
How to quickly get a US passport for a child born in Spain 

You’ve left the United States and moved to Spain. Now, you’ve added a baby to this fabulous new life. You’ll want to secure their U.S. citizenship and passport straight away.

If one parent is Spanish, your child is entitled to Spanish citizenship. If your child doesn’t qualify for citizenship by birth, they’ll need an American passport to declare their nationality before being registered in Spain.

This article lays out the qualifications for a U.S. passport and the steps to get one. Fortunately, the process is fairly simple, according to people who have done it.

Does your baby qualify for a U.S. passport?
 
Your newborn qualifies for U.S. citizenship and a U.S. passport under the following conditions.
 
– They were born within wedlock to two U.S. citizen parents.
– They were born within wedlock and one of the parents is a U.S. citizen, and lived at least five years in the Unites States, two of which were ager after 14 or
– They were born out of wedlock to a U.S. citizen mother and non-citizen father.
– They were born out of wedlock to a U.S. citizen father and non-citizen mother.
 
When the parent who is a U.S. citizen is the father and the baby is born out of wedlock, there are a few additional steps required.

You’ll need to prove the blood relationship between your child and their father, attain a sworn statement from the father agreeing to give financial support until they are 18 years old and supply a written statement acknowledging paternity.

If your child does qualify for American citizenship, the next steps are pretty straightforward, although completing the required forms can be time-consuming.

What are the first steps when applying for a child’s U.S. passport from Spain?

The first step is applying for a Consular Report of Birth abroad (CRBA), which documents that your child is a U.S. citizen at birth. Any of the U.S. Consular Agencies in Spain can accept applications for Consular Reports of Birth Abroad (CRBA) and U.S. passports.

To begin, you’ll apply online. But remember, you’ll need original copies of any documents you upload; you’ll bring these to your in-person appointment at the consulate.
 
Documents you’ll need include:
 
·      Your child’s Spanish birth certificate.
·      Your marriage certificate, if married.
·      Divorce certificate, if divorced.
·      Evidence of U.S. parent’s citizenship, valid identification, and proof of physical presence in the United States.
·      Valid identification for non-U.S. citizen parent 
 
 “You will need proof of having been a long-term US resident in the past so think about what you can show (school transcripts, tax returns, etc.)” says Liz who moved from Scottsville Arizona to Málaga. Many Americans said this was the most time-intensive part.
 
Once you’ve completed and submitted your CRBA, you’re ready to make an appointment at a U.S. Consulate. The best way to make the appointment is by contacting the consulate directly, but make sure to wait for three days after submitting and paying for your CRBA. The fee is $100.00.

Remember, you must bring the original versions of every document you uploaded for your CRBA application, and your child must be present. Generally, both parents must also be present.

You can apply for your child’s passport at the same appointment. Be sure to complete the U.S. passport application prior to your appointment (including payment of a $135 fee) and bring the originals of all documents you uploaded for your passport application. Both parents must sign the application.
 
You’ll need to bring original copies and photocopies of the following documents:
 
·      One 2”x2” (5x5cm) passport picture for your child.
·      A document listing the legal guardians of your child.
·      Identification for both parents.
·      A physical copy of the completed passport application form (DS-11).
 

Important considerations:
 
For the CRBA, the U.S. parent(s) must report their physical presence in the United States, detailing each trip abroad. In other words, it’s crucial you don’t include time abroad in your list of days staying within the United States. If the dates are incorrect, the processing could be suspended until you correct the dates.

“The hardest part for us was to list every country we had ever visited, when and why.  Other than that, pretty easy. We did through the consulate in Valencia. Good luck,” says Sara, who moved from Boston, Massachusetts to Valencia.
 
It’s very important for both listed parents to attend the appointment. If only one parent can attend, you’ll need to submit a Statement of Consent. If you have sole legal custody of your child, you’ll need to bring proof, such as a court order.
 
Bring your child’s passport photo in a separate envelope (to not use it) but don’t staple it to the passport application.

How long does it take?
 
Generally, it takes approximately eight weeks to receive your child’s passport, which will be mailed to you. Be prepared to receive multiple mailings; your passport and citizenship papers will come separately. If you’ve requested both a passport book and a passport card, you’ll get 3 different mailings. If you’d like, you can pay for faster shipping.
 
If you have questions, don’t be shy about contacting your consulate. “It’s a simple process. Visit the US embassy website for any information you need. You can call or email any questions you have,” says Sarah, who moved from San Francisco to Barcelona.

Congratulations on your multinational family!

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