Regularisation of foreign nationals in Spain: two false myths that should be clarified!

In recent months, we have been hearing many comments about the new immigration regulations in Spain and the different arraigo procedures. Some of these comments are correct, but others can easily cause confusion.

In Spain, we often call these mistaken ideas “bulos”, meaning false rumours or misinformation. At Bennet & Rey, as a law firm specialising in Immigration Law, we would like to clarify two of the most common ones. Today we are going to clarify one and in our next post the other one.

False myth 1: “Regularisation automatically gives you Spanish nationality”

This is not true.

Regularisation of a foreign national in Spain may allow that person to obtain a residence permit, but it does not automatically grant Spanish nationality.

They are different legal procedures.

Residence and nationality are different procedures.

When can Spanish nationality by residence be requested?

Spanish nationality by residence is regulated under Article 22 of the Spanish Civil Code and generally requires:

1. a) 10 years of legal residence in Spain.
2. b) 2 years of legal residence for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or people of Sephardic origin.
3. c) 1 year of legal residence in certain cases, for example, for those who are married to a Spanish citizen, those who were born in Spanish territory, or those who fall within other special cases provided for by law.

There are also exceptional routes, such as nationality by royal decree or other special circumstances, but the general rule is clear: regularising your immigration status does not mean obtaining Spanish nationality.

First, comes residence. Later, if the time periods laid stated and other requirements are met, an application for Spanish nationality can be considered.

In our next article, we clarify another common misconception: whether British and American citizens have fewer rights than other non-EU foreign nationals in Spain.

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