When applying for Spanish nationality by residence, it is essential to comply with the requirements of time spent in Spain. One of the most common reasons for refusal is having exceeded the permitted periods of departure from Spanish territory, as continuous and effective residence in the country is required.
Limit on departures from Spanish territory according to type of nationality
- Nationality by residence (for Ibero-American citizens, Andorra, Philippines, Equatorial Guinea, Portugal or Sephardic citizens)
- Two years of legal and continuous residence in Spain is required.
- You cannot be out of the country for more than 90 days in total during the two years preceding your application.
- Exceeding this limit may result in the interruption of the period of residence and the rejection of the application.
- Nationality by marriage to a Spanish citizen
- One year of residence in Spain after marriage is required.
- You cannot have been outside the country for more than 30 days in total during the year preceding your application.
- It is important to prove cohabitation with the Spanish spouse and that the relationship is still ongoing.
What happens if exit limits are exceeded?
If an applicant has been outside Spain for longer than the permitted period, he/she is considered to have interrupted his/her legal and continuous residence, which may lead to:
- Restarting the computation of the required period of residence.
- Rejection of the application for nationality.
- Need to wait longer to reapply.
In some cases, extended departures may be justified for work, family or force majeure reasons, but it is always advisable to keep a documented record of travel and the reasons for it.
Recommendations to avoid problems
- Check the time spent outside Spain before submitting the application.
- Keep airline tickets, work or medical documents in case of long journeys.
- In case of doubt, request a residency report from the National Police before applying for nationality.
- Have specialised legal advice to avoid errors in the process.
If you need advice on your application for Spanish nationality and how it affects your departures from the country, Echeverría Farriols Abogados & Asociados can help you to ensure that you meet the legal requirements.
