Immigration Lawyers in Spain

If you don’t live in Spain and you’re looking to move here, the laws surrounding immigration can prove quite challenging, as they differ so much from country to country. This is why it’s important to speak to solicitors that specialise in this area, like Manzanares Lawyers.

Spain immigration laws can be quite complex initially, but Manzanares Lawyers could be by your side to help you make sense of the legislation, allowing you to complete the process as quickly and efficiently as possible.

We’ll explain every applicable regulation and how to complete each procedure to the standards of Spanish law, so you don’t have to go through the difficult process by yourself. This should provide you with all the crucial information you need to deal with your enquiry.

If you want to move to Spain from another country, vital paperwork and legal procedures need to be taken care of first. This will confirm your residency and your entitlement to the same benefits as all other Spanish nationals.

Without said paperwork, you can incur legal penalties, as you won’t officially be a Spanish resident. It’s important to thoroughly carry out the necessary checks to ensure that you won’t experience any legal troubles once you move here, which can be time-consuming and expensive to resolve.

At Manzanares Lawyers, we’re able to provide all the legal help you need to quickly complete the required procedures to live in Spain. Our multi-lingual solicitors can speak your language, giving you confidence in our abilities.

Spain is a very welcoming country, and there are now more options than ever for people from other countries to immigrate and become Spanish residents. These are the most common eligible grounds for someone to apply for residency in Spain:

⦿ Commencing an employment contract with a registered company in Spain

⦿ Purchasing an existing business or opening a new business in Spain

⦿ Investing in Spanish real estate or government bonds

⦿ Undertaking an education course or research with a Spanish institution

However, it’s not as simple as just having a valid reason to be in Spain. You must apply for a visa in advance if you plan to stay in the country long-term, so that your entry and settlement is legally approved.

This is where Spanish immigration lawyers can help, making sure you submit a thorough application and receive the documents you need beforehand so that you can securely take the next step towards living in Spain.

Here at Manzanares Lawyers, we often receive contact from people that are currently living in a country other than Spain, but are looking to immigrate here in the future. They often get in touch with us through our online enquiry form to arrange a consultation with one of the team.

We aim to respond in a swift and efficient manner, contacting you either through email, Skype, or Zoom to discuss your legal requirements. This way, we can quickly get started on helping you with any Spanish immigration laws you need assistance with before you move to our country.

The process is almost as seamless as if you were here in person. Our Spanish immigration lawyers use modern technology to our advantage to help as many clients as possible, providing legal services you can trust, no matter how far away you may be.

Spanish immigration law can seem convoluted from the outset, which is why Manzanares Lawyers is happy to guide you through it. Here’s a helpful summary of what you can expect from the process when you apply to immigrate:

⦿ Submit a complete visa application at a Spanish embassy or consulate in your country

⦿ If approved, the embassy will contact you and give you 30 days to collect the visa in person

⦿ You must travel to Spain within 90 days of your visa being issued

⦿ Once in Spain, you must apply for a Foreigners’ Identification Number (NIE certificate) within 30 days

⦿ If you are not from an EU member state, you must then apply for a TIE residency card within 30 days

⦿ The initial permit allows you to remain in Spain for 1 year and must be renewed after that

⦿ When you’ve lived in Spain for 5 years, you can apply for permanent residence

⦿ After 10 years in Spain, you can apply for Spanish nationality if you choose, though you may want to check the dual citizenship laws in your country of origin

The Spanish immigration process requires the provision of extensive documents proving your identity, profession, income level, and absence of a criminal record, among many more. If you need assistance with completing the strongest possible visa application and ensuring that all your documents are in order, our Spanish immigration lawyers will gladly assist you.

There are so many types of visas for immigration in Spain that understanding which one applies to your situation can be complicated. These are some of the most popular Spanish immigration visas people apply for:

⦿ Work Visa – Employer in Spain will submit application on your behalf

⦿ Self-Employed Residence Authorisation – opening a qualified professional practice and bringing immediate family to live in Spain

⦿ Non-Lucrative Residency Visa – retiring in Spain with enough assets to support yourself without working

⦿ Student Visa – attending a study course in Spain for longer than 3 months or taking up a research or apprenticeship position with a Spanish education facility

⦿ Golden Visa – investing in luxury property in Spain to fast-track residency

⦿ Family Visa – bringing relatives to live with you in Spain through the family reunification process

Manzanares Lawyers can help you find the best path to residency and complete the most appropriate Spanish visa application for your circumstances. Even if your situation is irregular, get in touch to see what we can do for you to find an adequate route to Spanish residency.

The processing time can vary depending on the type of visa you’re applying for, and the amount of documentation required, but the legal maximum is 90 days (3 months). Average resolution times are between 1-6 weeks – generally, you should be informed whether your application is successful within 15 working days after your appointment at the embassy or consulate.

Of course, the preparation time for completing the form and attending the appointment can be much longer while you get your documents in order. If you submit an incomplete visa application without all the required documents or with incorrect information, this could cause processing delays and may even result in an immediate rejection of your application.

Failing to bring the correct documents on the day of the Spanish visa appointment could also result in having to re-book another appointment at the next available date, which could be months away. You are responsible for factoring in potential delays that could affect your intended travel dates to Spain.

Just as visa processing time depends on the type of Spanish visa and the documentation required, so does the application fee. These fees are usually payable by cash or cheque at the consulate or embassy on the day of your appointment. It’s important to note that this fee will not be refunded if your application is rejected due to missing documents or incorrect details.

On top of the application fee itself, you also have to consider the costs of acquiring the necessary documents. For example, you may need to pay for a new passport or ID card, copies of birth and marriage certificates, police reports, medical certificates, proof of insurance, etc. Then there is also the cost of legalising your application documents with an apostille stamp.

Additionally, your documents must be translated by a Spanish government-approved sworn translator in order to be accepted in Spain. Even after obtaining a visa, you’ll have to travel to Spain and apply for an NIE certificate, plus a TIE residency card if you’re a non-EU citizen.

The costs of Spanish visas and immigration can quickly add up, so it’s a good idea to get a Spanish solicitor on board to oversee your applications and appraise the costs in advance. This will give you a better understanding of how much money you’ll have to spend and which documents you need, and improve your chances of successfully applying for a visa.

The Spanish Civil Code only permits dual citizenship in certain circumstances. For the most part, in order to claim Spanish citizenship, foreign nationals must first renounce their citizenship of other countries completely. The only countries that are exempt, allowing dual citizenship with Spain and another country, are the former Spanish colonies:

• ⦿ Andorra
• ⦿Argentina
• ⦿Bolivia
• ⦿ Brazil
• ⦿Chile
• ⦿Colombia
• ⦿Costa Rica
• ⦿Cuba
• ⦿Dominican Republic
• ⦿Ecuador
• ⦿El Salvador
• ⦿ Equatorial Guinea
• ⦿Guatemala
• ⦿Honduras
• ⦿Mexico
• ⦿ Nicaragua
• ⦿Panama
• ⦿Paraguay
• ⦿Peru
• ⦿ Philippines
• ⦿Portugal
• ⦿ Uruguay
• ⦿Venezuela

To be able to keep your original citizenship while obtaining Spanish citizenship, your country must have special cultural links with Spain. This is primarily a shared language (Portuguese is accepted as well as Spanish). Though Puerto Rico is on the list, not all Ibero-American countries are – Guyana, Haiti, Jamaica, and Trinidad and Tobago are excluded.

Currently, the only non-Spanish-speaking country with special treatment concerning dual nationality is France. As of April 2022, an ‘exceptional’ treaty is in place between Spain and France that allows citizens of either country to maintain their original nationality while becoming a citizen of the other. It’s likely that more countries will seek similar agreements with Spain in the future.

Unless you are a citizen of the approved countries mentioned above or have Sephardic Jewish ancestry, you will unfortunately have to renounce your current citizenship if you want to become an official Spanish citizen. This means that you can also lose your new Spanish nationality if you move countries and apply for a new nationality or continue to use prior citizenship.

Generally, in order to acquire Spanish citizenship, you must either be born in Spain, marry a Spanish national, or maintain legal residence in Spain for 10 years. If you aren’t born and raised in the country, you may still be able to claim Spanish nationality as a descendant if you have a Spanish parent or grandparents. These are the primary routes to legal citizenship:

Spanish citizenship by origin, birth, or descent

To apply for Spanish citizenship by descent, you must have been:

• ⦿ Born of a Spanish mother or Spanish father (in Spain or abroad)
• ⦿ Born in Spain to at least one parent also born in Spain (having Spanish grandparents)
• ⦿ Adopted by a Spanish citizen as a child (or within the previous 2 years as an adult)
• ⦿ Born in Spain to unknown foreign parents or stateless foreign parents

When claiming this type of ‘blood right’ citizenship, no residency period is required. Children born in Spain to foreign diplomats and consuls are excluded, however.

Spanish citizenship by marriage

Previously, directly acquiring a partner’s nationality after marrying them was a common practice. Following modifications to the Spanish Civil Code in the 1970s, this no longer happens when a foreigner marries a Spanish citizen, though the belief that it does still persists among non-nationals.

Realistically, you cannot get immediate Spanish citizenship just by marrying a Spanish national, whether the marriage takes place in Spain or not. However, it does speed things up significantly.

To be eligible for Spanish nationality, you must reside in Spain with your Spanish citizen spouse for 1 year, both register with the local town hall, and be able to provide proof that you’re living together.

The marriage must also be registered in Spain – so if you were married in another country, you would have to get a Spanish marriage certificate. It cannot be a civil union or ‘pareja de hecho’ (domestic partnership), and you cannot apply for citizenship through marriage if you are divorced. However, you can apply if you a widower who was married to a Spanish citizen before they died.

Though becoming a fully-fledged Spanish citizen is relatively faster this way, it still takes some work. To get a Spanish passport, permanent residency, and the right to vote in Spain, you must first pass several citizenship exams, provide the relevant legal documents, and give up your prior nationality.

Spanish citizenship by residence

In some cases, it’s necessary to live in Spain for a specified period of time before you can qualify for citizenship. The requirements for applying for Spanish nationality through residency vary:

• ⦿ 1 year for individuals who can claim citizenship by birth, descent, adoption, or marriage
• ⦿ 2 years for citizens of former Spanish colonies or descendants of Sephardic Jews
• ⦿ 5 years for refugees (citizenship by naturalisation)
• ⦿ 10 years for any other foreign nationals residing in Spain

In the case of non-national residents, you do not have to live in Spain continuously for 10 years – as long as you live there for at least 6 months of each year (183 days), you’ll qualify as a tax resident.

To apply for Spanish nationality, you must be an adult (18 years old or above), or at least 14 years old with the assistance of an adult legal guardian or lawyer. Even if you are an independent adult, it can be much easier to complete a Spanish citizenship application with legal assistance, as there is plenty of legal documentation involved. For example, you need to provide the Civil Registry with:

• ⦿ Current Spanish residency permit
• ⦿ NIE card (Foreigner's Identification Number)
• ⦿ Census records
• ⦿ Birth certificate (plus parents’ and/or grandparents’ birth certificates if required)
• ⦿ Marriage certificate (if applicable, plus spouse’s birth certificate)
• ⦿ Valid passport
• ⦿ Criminal record (or proof of lack thereof)
• ⦿ Proof of financial status
• ⦿ DELE A2 and CCSE certificates
• ⦿ Completed citizenship application form
• ⦿ Receipt of payment for application

All documents must also be legalised in Spain with apostille stamps. To indicate that you’ll be a good Spanish citizen, you must prove that you’re financially stable, with no criminal background, and are sufficiently integrated into Spanish society. This means proving that you’ve lived in Spain for the required period via census records (Certificado de Empadronamiento), and passing required tests.

These include the ‘DELE A2’ Spanish language exam and the ‘CCSE’ cultural exam. Obtaining these certificates demonstrates that you speak adequate Spanish and understand the country’s history and ways of life well enough to participate in Spanish society, including voting in Spanish elections.

After completing the necessary residency period for your application type, you must submit your application online, then wait for up to a year for the Spanish authorities to process it. They’ll get in touch with the results of your application, and if it’s successful, you’ll be invited to pledge allegiance to Spain at the Civil Registry. You can then collect your new Spanish passport from a police station.