When preparing an application for Spanish citizenship by residence, applicants are sometimes told that they must prove they have arraigo in Spain.
This expression can be confusing.
✔️Does it mean that the applicant must previously have obtained a residence permit through an arraigo procedure?
✔️Is an official arraigo report required?
✔️Must the applicant prove that they have employment, family members or property in Spain?
To answer these questions, it is important to distinguish between an arraigo residence permit under Spanish immigration law and the degree of integration required in a Spanish citizenship application.
Is arraigo a legal requirement for Spanish citizenship?
The Spanish Civil Code does not establish a separate legal requirement called arraigo for the acquisition of Spanish citizenship by residence.
The principal requirements include:
- Having resided in Spain for the legally required period.
- Ensuring that the residence has been legal, continuous and immediately prior to the application.
- Demonstrating good civic conduct.
- Proving a sufficient degree of integration into Spanish society.
Therefore, when the word arraigo is used in connection with a citizenship application, it normally refers to the applicant’s integration into Spanish society and to the existence of genuine and stable connections with Spain.
An arraigo residence permit is not the same as arraigo in a citizenship application
These are two different legal concepts and should not be confused.
Residence permits based on arraigo
An arraigo residence permit is a temporary residence authorisation granted on exceptional grounds under Spanish immigration law.
Depending on the type of application, it may be based on social, family, employment, educational or previous residence circumstances.
A person may initially obtain legal residence through an arraigo procedure and later apply for Spanish citizenship once they have completed the required period of legal residence and meet the remaining conditions.
However, it is not necessary to have held an arraigo residence permit before applying for Spanish citizenship.
Arraigo or integration in a citizenship application
In the context of Spanish citizenship, the term arraigo is commonly used to describe a person’s genuine connection with Spain.
This connection may be demonstrated through habitual residence, knowledge of the Spanish language, family and social relationships, professional activity and participation in everyday life in Spain.
The legally relevant concept is a sufficient degree of integration into Spanish society.
How is integration into Spanish society demonstrated?
As a general rule, applicants must pass examinations administered by the Instituto Cervantes:
- The CCSE examination, which assesses knowledge of the Spanish Constitution and Spanish society and culture.
- The DELE A2 examination, or a higher level, which assesses knowledge of the Spanish language where this is required.
Certain applicants may be exempt from one or both examinations because of their nationality, age, education in Spain or other circumstances provided for by law.
However, passing the relevant examinations does not necessarily mean that every other circumstance in the application becomes irrelevant.
The authorities may also examine the applicant’s documents, personal circumstances, residence history and compliance with the obligations arising from their status as a legal resident.
What circumstances may demonstrate a genuine connection with Spain?
Depending on the individual case, the following circumstances may be relevant:
- Habitual and effective residence in Spain.
- Family connections in Spain.
- Employment or self-employment.
- Professional or business activity.
- Children attending school in Spain.
- Studies completed in Spain.
- Registration on the municipal register and maintenance of a habitual home.
- Knowledge of the Spanish language.
- Participation in social, cultural or community activities.
- Compliance with tax and administrative obligations.
- The absence of lengthy periods spent outside Spain.
There is no closed list of documents that every applicant must provide to prove arraigo. The assessment depends on the individual circumstances of each applicant.
It is also not necessary to have Spanish children, to be married to a Spanish citizen, to own property in Spain or to hold a permanent employment contract.
These circumstances may strengthen the applicant’s connection with Spain, but they are not general requirements applicable to every citizenship application.
Is an official arraigo report required?
As a general rule, there is no document called an arraigo report that every applicant must submit when applying for Spanish citizenship.
The social integration or arraigo reports used in certain immigration procedures belong to a different legal area.
In a citizenship application, applicants must submit the documents required to prove their identity, legal residence, criminal record and, where appropriate, successful completion of or exemption from the integration examinations.
In some cases, it may be advisable to include additional documents explaining particular circumstances, especially where there have been absences, administrative issues, criminal or police records, or possible concerns regarding integration.
Can Spanish citizenship be refused because of insufficient integration?
Yes, it can be refused.
Spanish citizenship by residence is not granted automatically merely because the required number of years has passed.
The applicant must prove that all legal requirements have been met, including a sufficient degree of integration into Spanish society.
A refusal may arise from failure to pass the required examinations, significant inconsistencies in the application or circumstances that lead the authorities to consider that integration has not been sufficiently demonstrated.
However, every case must be assessed individually, and the authorities must explain the reasons for considering that the requirement has not been met.
Why the application should be reviewed before it is filed
Before applying for Spanish citizenship, it is not enough simply to count how many years the applicant has lived in Spain.
It is also important to review:
- The date on which legal residence began.
- Whether the correct residence period has been completed according to the applicant’s nationality and personal circumstances.
- All absences shown in the applicant’s passports.
- The validity and consistency of the documents.
- Criminal and police records.
- The applicant’s family circumstances.
- Whether the examinations have been passed or whether an exemption may apply.
- Any circumstance that could raise doubts regarding continuity of residence or integration.
A proper review before filing can help prevent requests for additional documentation, delays and possible refusal.
Conclusion
Having arraigo for the purposes of a Spanish citizenship application does not mean that the applicant must previously have obtained an arraigo residence permit or submit an official report bearing that name.
In general terms, it means that the applicant has established a genuine connection with Spain and can demonstrate a sufficient degree of integration into Spanish society.
Legal and continuous residence, knowledge of the Spanish language and society, and the applicant’s personal circumstances may all form part of the overall assessment.
At Bennet & Rey Lawyers, we review Spanish citizenship applications before they are filed, verify that the required residence period has been completed and identify any circumstances that could result in a request for further information or a refusal.
If you are interested please send us an email to: [email protected]
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