Spanish Citizenship by Residence: New Ruling Makes Integration Requirements Clearer – and Stricter

TL;DR

A recent judgment of the Spanish National Court (Audiencia Nacional, 17 September 2025, rec. 539/2025, ECLI:ES:AN:2025:3797) confirms that:

• You must already have passed the DELE (Spanish language) and CCSE (constitutional and socio-cultural) exams, or have a granted exemption, before filing your application.
• You cannot file first and “complete” integration later while the file is being processed.
• Integration means much more than just living, working and having family in Spain.

If you’re thinking about applying for nationality by residence, your first big step should be to plan and pass DELE/CCSE (or secure a formal exemption) well before you press “submit”.

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1. What did the National Court decide?

In its decision of 17 September 2025 (rec. 539/2025, ECLI:ES:AN:2025:3797), the Spanish National Court reviewed a case where:

• The Directorate-General for Legal Security and Public Faith (DGSJFP) had granted Spanish nationality to a foreign applicant.
• However, the administrative file did not include the certificates showing that the applicant had passed the DELE and CCSE exams from the Instituto Cervantes.

These exams are normally required (depending on age and origin) to prove integration into Spanish society.

The applicant argued that:

• They were registered to sit the exams, and
• They asked for more time to provide the certificates, because exam dates depend on the official calendar.

The Court rejected this approach and held that:

• The integration requirement must already be met on the date of the application.
• It is not valid to apply first and hope to supply proof of integration later, during the processing of the nationality file.

As a result, the Court annulled the decision granting Spanish nationality.

Below you can read a summary of the judgment in English.

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2. Nationality by residence is not an “automatic right”

To resolve the case, the National Court recalled earlier Supreme Court case law (STS 22 November 2001, rec. 7947/1997, ECLI:ES:TS:2001:9123):

• Spanish nationality by residence is not a subjective right.
• Under article 21 of the Civil Code, it may be refused for reasons of public order or national interest.

In other words:

Meeting the basic conditions (years of residence, clean criminal record, etc.) does not guarantee nationality. The administration still has a margin of discretion, especially when assessing integration.

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3. What does “integration” really mean?

In this ruling, the Court makes an important clarification:

• The integration required for nationality purposes is something more and different from simply living, working and having a family in Spain.

The Court states that the acquisition of nationality is incompatible with:

• A serious lack of language skills, and
• A substantial lack of knowledge of Spanish institutions and culture.

Why? Because nationality turns the applicant into a Spanish citizen with:

• The right to take part in public affairs, directly or through elected representatives.
• The right to vote and stand for public office.
• The right to access public functions and positions on equal terms (art. 23 of the Spanish Constitution).

Therefore, it is legitimate and necessary to require:

• Knowledge of Spanish institutions and society (including the territorial and administrative organisation of Spain), and
• Acceptance of the constitutional system of values, since the applicant must swear or promise loyalty to the Constitution under article 23 of the Civil Code.

Practically speaking, this is exactly what the DELE and CCSE exams—and, in some cases, an oral interview—are designed to measure.

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You can consult an English translation of the judgment in this PDF

4. What went wrong in this specific case?

In this case:

• Given the applicant’s age and origin, they were required to pass the DELE A2 and CCSE exams.
• They did not prove that they had passed them.
• They also did not apply for a dispensation (exemption) from the exams, which is sometimes possible.
• They simply asked for extra time during the proceedings.

The Court’s conclusion:

• The integration requirement must be fully met on the date the application is filed.
• The applicant cannot rely on the expectation that they will pass the exams later while the file is still pending.

Since the requirement was not fulfilled at the time of the application, the Court annulled the nationality grant.

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5. Practical tips if you want Spanish nationality by residence

This ruling is a clear signal to applicants. Here are the key takeaways in practical terms:

5.1. Pass DELE and CCSE before you apply

For most applicants (unless exempt):

• You must pass:
  • DELE A2 or higher (Spanish language), and
  • CCSE (constitutional and socio-cultural knowledge).

Plan ahead:

• Book the exams well in advance.
• Allow time to re-sit them if needed.
• Wait to apply for nationality until you have received your official certificates and can include them in your file.

Golden rule:
Do not file your nationality application until you can fully prove integration (DELE/CCSE passed or a formally granted exemption).

5.2. If you think you are exempt, request it properly

Some applicants may be exempt from one or both exams (for example, certain educational backgrounds in Spanish, age or disability situations, or other special circumstances).

This case shows that:

• It is not enough to “assume” that you are exempt.
• You must formally request the exemption, provide documentation, and
• Ensure the exemption is granted and recorded in your file.

5.3. Understand integration as a real connection, not just paperwork

The Court warns against a purely formal view of integration:

• Having a job or business in Spain, owning property, or having children at school does not, by itself, prove the level of integration required for nationality.

You should be able to:

• Communicate in Spanish in everyday situations.
• Demonstrate basic knowledge of how Spain works (political system, institutions, territorial organisation).
• Show familiarity with core constitutional values and rights.

5.4. Treat your file as “final” on the day you submit it

From a practical perspective:

• Pretend that the authorities will make the decision only with what is in your file on day one.
• Before filing, check that:
  • All mandatory documents are included.
  • Your DELE/CCSE certificates (or the granted exemption) are there.
  • Your residence period, criminal records and empadronamiento are all in order and clearly proven.

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6. What should you do if you plan to apply in the next 12–18 months?

Given this judgment, a sensible roadmap would be:

1. Clarify whether you need DELE/CCSE or qualify for an exemption.
2. If exams are required, book and pass them as early as possible.
3. Once you have certificates (or a formal exemption decision), start preparing the rest of your file:
   • Residence history.
   • Criminal record certificates.
   • Padron certificates.
   • Marriage and birth certificates, if relevant.
4. Only when everything is ready and complete, submit the nationality application.

If you are unsure whether you must sit the exams, whether you may request a dispensation, or if your integration could be questioned, it is wise to get specialised legal advice before filing.

Correcting an application after a negative decision can be time-consuming and stressful — doing things in the right order from the start will give you the best chance of success.

Planning to become a Spanish citizen?
Ask us your questions. We’ll help you understand what you need, how to prepare and when to apply.

About CostaLuz Lawyers and the Author

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Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain  with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.

María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española)

Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.

Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.

CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.

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The integration and residence requirements are the cost; what the Spanish passport gives you is the benefit on the other side.