If you’re a foreigner who has been legally living in Spain for a total of 10 years (or two years if you’re from a Latin American country, Andorra, the Philippines, Equatorial Guinea, Portugal or are of Sephardic origin) you can apply for Spanish citizenship via residency.
This can be a somewhat complex process with lots of requirements that need to be met and documentation you need to prove, as well as having to pass a language and a general Spanish knowledge exam. On a more positive note, processing times have reportedly been considerably shortened recently.
READ ALSO: Why getting Spanish citizenship now takes months rather than years
But what happens if after all your efforts your Spanish citizenship application is denied? Is there anything you can do?
If this has happened to you, rest assured that you’re not alone, as in 2024 Spain rejected a record number of people for Spanish citizenship: a total of 20,099.
Firstly, there are several reasons why you may have been rejected. It could simply be down to timing – having not lived in Spain for long enough, because you have submitted incorrect documentation, you have a criminal record or because you didn’t respond in time, if the administration needed more information.
READ ALSO: The main reasons for having your Spanish citizenship application denied
Spanish nationality application procedures usually take some time to be resolved, but, in most cases, the Administration’s decision is favorable and nationality is granted.
According to Vicente Marín, a lawyer at Parainmigrantes, around 15 percent of citizenship applications are denied.
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If this happens, you have three options.
The first is an appeal for reconsideration which should be filed with the Ministry of Justice. It is called the Recurso potestativo de reposición or Potential Appeal for Reinstatement.
Preferably, you should present this appeal within one month of receiving your rejection. You need to file it at any of the registries and offices with the Ministry of Justice.
It’s important to check that all the requirements have been met and that the documents are updated and are available to present. If you have missed something you can usually include it in your appeal.
According to Parainmigrantes, the main problem with these appeals is that they take a very long time and it’s not uncommon to have to wait more than a year to hear back and wait for a response.
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The second option is to file a Contentious Administrative Appeal in court, which is heard before the National Court. For this you must hire a lawyer to represent you. It can also be filed when the Public Administration has not responded to your initial appeal, and you’ve exhausted all other avenues.
This is a much more complex process than an administrative appeal because ultimately it will be a judge who decides whether you have the right to Spanish nationality or not.
But the good news you can use this option if your file has been in process for more than a year. Using this method, if you haven’t received a response to your appeal you will also be able to claim approval due to administrative silence.
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Your third and final option is to simply re-apply and start the process all over again. This time you must make sure you have all your documents in order and you meet all the requirements so that it will be successful.
It’s best to hire a lawyer to make sure you have everything in order so it is not denied again.
