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Do British and American citizens have fewer immigration rights in Spain? False Myth 2

Written by Margaret on . Posted in British and USA Citizens Rights, Immigration Law, Residence in Spain, Spain Immigraton.

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.

Send us an email: [email protected]

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Does regularisation in Spain automatically give you Spanish nationality? False Myth 1.

Written by Margaret on . Posted in Immigration Law.

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.

If you need help please let us know.

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