FAQ
NATIONALITY
Through the page https://sede.mjusticia.gob.es/eConsultas/inicioNacionalidad, the citizen can access a form to be able to follow up on all the procedures for Spanish nationality by residence. In order to consult it, you must already have a file number assigned.
CSSE
The test consists of five tasks with 25 multiple choice questions (3 closed answer options), or true/false, about constitutional and sociocultural knowledge of Spain.
DELE
The Dele Spanish diploma level A2 or higher, which accredits a basic knowledge of the Spanish language.
To determine the validity in the case of certificates, the term of validity that appears in the document itself will be taken into account. In the case of criminal record certificates in which there is no period of validity, it will be understood that they are valid for six months from their issuance.
The only document that can be valid for more than six months will be the birth certificate of the interested party. Documents issued by foreign authorities must be duly translated and legalized in accordance with International Conventions.
In the notification of concession received by the interested party or his representative there are instructions detailing the steps to follow. The interested party must appear with all the documentation required in the corresponding Civil Registry or obtain an appointment within a period of 180 days following the date of the notification. If the assigned appointment is later than the 180-day period following the notification, but said appointment has been granted within that period, it is valid. If he has trouble getting an appointment, he should contact the corresponding Civil Registry. Taking into account that, given the large number of registration requests, some Civil Registries are not available to carry out the swearing-in and registration procedures within the required period, the interested party may be given a receipt requesting an appointment to carry out the procedures. mentioned, and the term be interrupted until there is availability for it.
If you reside outside of Spain, your spouse will not be able to acquire Spanish nationality. To acquire it it is necessary that both move their residence to Spain.
Law of Grandchildren or Great-Grandchildren
No, and there has been no progress in this project. The treatment of the project, its approval and subsequent publication could take months, therefore there is no information about the procedure or the required documentation.
If you are 20 years or older and are a descendant of Spaniards in the degree of grandson, great-grandson, great-great-grandson and / or successive you will NOT BE ABLE TO OBTAIN SPANISH NATIONALITY, even if your father / mother had acquired it after your birth or could still acquire it.
STUDY STAY
The spouse, the common-law partner, children under the age of eighteen or who have a disability and are not objectively able to provide for their own needs due to their state of health, can obtain authorization to enter and remain legally in Spain with the student for the duration of their studies.
It is an authorization that enables you to stay in Spain for a period of more than ninety days to carry out or extend your studies in an authorized educational center in Spain, in a full-time program, leading to obtaining a degree or certificate of studies.
Yes, as long as the application is submitted within the first 60 days of entry into the Schengen Zone for countries without the need for tourist visas.
NON-PROFIT RESIDENCE
In principle you have to wait 10 months from the start of the authorization to apply for authorization. You can get it sooner if you fall into the regime of highly qualified professional or if you are a professional with characteristics not found in another worker in Spain.
IPREM
For its monthly support 400% of the IPREM.
For the support of each of their relatives, 100% of the IPREMAgree that the initial authorization contemplates necessary resources for one year and the renewal, if requested, of two years.
HIGHLY QUALIFIED PROFESSIONALS
It is a temporary residence and work authorization that can be obtained by a foreign worker who resides outside Spain to carry out a work activity for which it is required to have a higher education qualification or, exceptionally, with a minimum of five years of professional experience that can be considered comparable.
The authorization is linked in the company that has given you the job. To change jobs, you have to find another company that has conditions and wants to replace the original company in your employment contract.
RESIDENCE AND WORK AUTHORIZATION
Yes, it is possible, but it is necessary to have the required professional qualification or accredited experience in the exercise of the professional activity, as well as, where appropriate, the collegiality when required. In addition, it must have an establishment project or activity to be carried out, with an indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen. You must prove the financial means for the investment and its maintenance in Spanish territory.
Yes, your employer may apply for the authorization of work as an employee for the hiring of a worker residing in the border area.
Yes, the parents, being legal residents, can apply for the residence permit for the child.
Yes, the parents, being legal residents, can apply for the residence authorization for the child fulfilling the following requirements:
- Prove a continuous stay in Spain of the minor for a minimum period of two years.
- That their parents or guardians prove employment or sufficient economic resources to meet the needs of the family, in these amounts:
- That their parents or guardians prove to have adequate housing.
- In the event that the minor is of compulsory school age, it must be proven that he or she has been enrolled in an educational institution during his or her stay in Spain.
Yes, through the authorization of temporary residence due to exceptional circumstances, the “Arraigo Familiar”.
- Have been, at least, one year in a situation of residence. Exceptionally, they may request the modification without the expiration of the period of one year, when a need to work can be proven due to circumstances that have arisen to guarantee their subsistence.
- Lack of criminal record in Spain;
- Not to be prohibited from entering Spain and not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard;
- Present a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work. The date must be conditional on the effectiveness of the residence and employment permit;
- The conditions set out in the employment contract must be in accordance with those established by current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for full time and in annual computation;
- The applicant employer must be registered in the Social Security system and be aware of the fulfillment of their tax obligations and towards the Social Security;
- The employer must have sufficient economic, material or personal means for his business project and to meet the obligations assumed in the contract towards the worker;
- Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
- When the occupation is included in the catalog of occupations of difficult coverage published by the Public Employment Service quarterly;
- When it is certified by the Public Employment Service that a job offer is completed with a negative result;
- When the contract is aimed at nationals of States with which Spain has signed International Agreements (Chile and Peru);
- When it is a case included in article 40 of Organic Law 4/2000. They are as follows:
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- Family members of working age or the spouse or child of a foreigner resident in Spain with a renewed authorization, or the child of a nationalized Spaniard, or a citizen of the European Union who has been residing in Spain for at least one year.
- Worker necessary for the assembly by renovation of a productive installation or equipment.
- An inmigrant who had enjoyed refugee status during the year following the cessation of application of the Geneva Convention, or who had been recognized as a stateless person in the year following the termination of the status.
- Foreigner who are in charge of ascendants or descendants of Spanish nationality.
- Be the child or grandson of a Spaniard of origin.
- Worker who has been the holder of work authorizations for seasonal activities for two calendar years and has returned to the country of origin.
- A worker who has renounced the residence and work permit under a voluntary return programme after the expiry of the non-return period.
- Coverage of positions of trust and managers of companies. They are those workers who carry out only senior management activities based on mutual trust and who legally exercise the representation of the company or have extended in their favor a general power.
- Worker who is hired based on the procedure to authorize the entry, residence and work in Spain, of foreigners whose professional activity concurs reasons of economic, social or labor interest or whose object is the realization of research or development or development or teaching works, which require high qualification, or artistic performances of special cultural interest.
- Workers on staff of a company or group of companies in another country who intend to develop their work activity for the same company or group in Spain, provided that it is proven that the worker's activity requires a direct and reliable knowledge of the company.
Golden Visa
Foreigners who wish to reside in Spanish territory may apply for this residence permit by making a significant capital investment, as follows:
- An initial investment of a value equal to or greater than 2 million euros in Spanish public debt securities, 1 million euros in shares or social participations of Spanish capital companies with a real business activity, 1 million euros in investment funds, closed-end investment funds or venture capital funds incorporated in Spain or 1 million euros in bank deposits in Spanish financial institutions.
- The acquisition of real estate in Spain with an investment of value equal to or greater than 500,000 euros for each applicant.
- A business project that will be developed in Spain and that is considered and accredited as of general interest for job creation, investment with socioeconomic impact of relevance or scientific / technological innovation. A residence permit for investors may be obtained by a representative, appointed by the investor and duly accredited.
Yes, you can apply for the temporary residence permit for family reunification, as long as the sponsor has resided in Spain for at least one year and has obtained authorization to reside for at least another year, and presents the requested financial means. Children must be under the age of 18 or disabled who are not objectively able to provide for their own needs due to their state of health.
ARRAIGOS – WORK AUTHORIZATION FOR EXCEPTIONAL CIRCUMSTANCES
- Be a foreign citizen who is in Spain for at least 2 years on a continuous basis and has had employment relationships for a minimum of 6 months;
- Not currently have a regular residence in Spain.
The documentation provided must contain the identification data of the applicant, preferably issued and / or registered by a Spanish Public Administration. Examples: documents relating to registration, hospitalization, a medical consultation in public health, as well as any municipal, regional or state documentation that justifies the presence in Spain will be taken into consideration.
Itis a temporary residence permit for exceptional circumstances that can be granted to foreign citizens who are in Spain and are the father or mother of a minor with Spanish nationality or are children of a father or mother who had originally been Spanish.
No, only foreign citizens who are either the father or mother of a minor with Spanish nationality, or are children of a father or mother who had originally been Spanish , can request “Arraigo Familiar”.
PERMANENT AND LONG-TERM PERMIT
What is the difference between the permanent and the long-term permit?
The permanent permit is granted under the Community regime for a period of 10 years after having had a first temporary permit of 5 years. The long-term permit is granted on a general basis for a period of 5 years and allows you to work throughout Europe.
With few exceptions, reside legally and continuously in Spanish territory for five years. Continuity will not be affected by absences from the Spanish territory of up to six continuous months, since the sun does not exceed ten months within five years. By work reasons, it cannot exceed a total of one year within the five years required.
Yes, it is possible, as long as it meets the following requirements:
- Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
- Not to be irregularly in Spanish territory.
- Have been the holder of a long-term residence permit.
- Lack of criminal record in Spain and in their previous countries of residence for crimes existing in Spanish law.
- Not to be prohibited from entering Spain and not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
- Not to suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations 2005.
GENERAL ISSUES
If it is the first permit you are applying for, you have to stay in Spain until the resolution. If it is a renewal, you can apply for a return authorization
What is a return authorization?
It is an authorization departure and subsequent return to the national territory for the immigrant whose residence or permanence authorization is in the period of renewal or extension.
To be able to request it, you must be attentive to the following assumptions:
- Be the holder of a residence or stay permit and have initiated the procedures of renewal or extension of the authorization that enables you to remain in Spain within the legal period.
- Be a valid foreigner's identity card holder and have submitted an application for a duplicate card for theft, loss, destruction or disablement.
- Prove that the trip responds to a situation of need and exceptional reasons concur and have resolved favorably the initial authorization of residence or stay and have in process the issuance of the foreigner's identity card.
What is the Blue Card?
The Blue Card (also known as blue card) is a residence and work permit that allows you to live and work legally throughout the European Union. An authorization for highly qualified workers is granted and it is not necessary to live 5 years in Spain to obtain it.
To buy a property in Spain it is necessary to have the identity number of a foreigner. It is not necessary to have a residence permit. Only the identification number.
The requirements to obtain the number are:
- Not to be in Spain in an irregular situation.
- That it is requested by the economic, professional or social interests of the foreigner.
- That the reasons for requesting the assignment of the number be communicated.
What is the Resident Certificate?
It is a document that certifies the situation of a foreigner as a resident or non-resident in Spain. It is used in situations where you have to prove one of the situations.
What is the Apostille of Haya and legalization through diplomatic channels?
These are the requirements for foreign documents to be valid in Spain.
- The Apostille of Haya is a simplified method of legalization of documents with the objective of verifying their authenticity in the field of private international law. It physically consists of a page that is added to the documents that the competent authority attaches in a copy of the public document. Only the countries registered in the Haya Convention can use this procedure to legalize their documents. Solamente los países inscritos en el Convenio de Haya pueden utilizar este procedimiento para la legalización de sus documentos.
- Legalization through diplomatic channels: it is the procedure of legalization of foreign public documents of States that are not signatories of the Haya Convention. The document must be legalized by the Embassy or Consulate of Spain corresponding to the jurisdiction of the country in which the document was issued and contain the legalization certificate of the Embassy or Consulate and the mandatory security label.
- Those made in Spanish by a Sworn Interpreter authorized by the Ministry of Foreign Affairs, European Union and Cooperation or those made in the co-official language of the Autonomous Community by a Sworn Interpreter authorized by said Community.
- Translations made or revised by:
- The Diplomatic Missions or Consular Offices of Spain abroad, which must bear their duly signed matching or translation stamp, and subsequently must go through the Ministry of Foreign Affairs, European Union and Cooperation (Legalizations Section) to legalize the translation, or
- The diplomatic missions or consular offices of the country of origin of the document in Spain that must be apostilled or legalized by the Ministry of Foreign Affairs, European Union and Cooperation (Legalizations Section).
In possession of the valid residence permit of a family member of the Citizen of the Union, no entry or exit certificate will be required or a passport.
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