False myth 2: “British or American citizens have fewer rights than other foreign nationals”
This is also not true.
Spanish immigration law is not applied according to whether a person is British, American, Moroccan, Argentinian or of any other specific nationality. As a general rule, it applies to non-EU foreign nationals, meaning those who are not citizens of the European Union, the European Economic Area or Switzerland.
Therefore, a British or American citizen who is in Spain and meets the legal requirements may benefit from the immigration routes provided by Spanish law, just like any other non-EU citizen.
Nationality requirements
What matters is not nationality itself, but whether the legal requirements are met: residence in Spain, absence of criminal records, family or social ties, an employment contract or sufficient financial means, training, correct documentation and any other conditions required depending on the type of authorisation.
First comes residence. Later, if the required residence periods and other legal requirements are met, an application for Spanish nationality may be considered.
Why British and American citizens often use other routes
It is true that, in practice, we do not see as many British or American citizens applying through arraigo procedures as people of other nationalities.
But that does not mean they have fewer rights. It usually means that many British or American citizens come to Spain through other types of visas, residence permits or prior legal planning.
Our advice: before assuming that “it is not possible” or that “you have no right to apply”, it is worth reviewing your specific case. In Immigration Law, the details matter.
If you are involved in legal matters involving the UK and Spain, we will be pleased to assist you.
If you are unsure whether you may qualify for residence or regularisation in Spain, Bennet & Rey can review your case and advise you on the most appropriate legal route.
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