Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 Updated 14 September 2026 18 min read Message the author

Spanish citizenship by marriage: one year instead of ten

Marriage to a Spanish citizen cuts the required period of residence from ten years to one: article 22.2.d of the Spanish Civil Code (Código Civil, BOE-A-1889-4763) requires that at the time of application you have been married for at least a year and are not legally or de facto separated. Marriage alone does not confer citizenship: you need a year of legal residence in Spain, the DELE A2 and CCSE exams, a fee of €104.05 and a decision by the Ministry of Justice.

Key points

Article 22.2.d of the Código Civil gives a one-year period but requires two conditions at once: a year of marriage and a year of legal, continuous residence immediately before applying (art. 22.3).
The periods of marriage and residence run in parallel, not one after the other: if you have lived in Spain for a year as the spouse of a Spaniard, both timers expire on the same day.
Study under estancia por estudios (student status) does not count as “residencia legal” for the purposes of article 22: this is the doctrine of the Audiencia Nacional, judgment SAN 545/2016 of 19 September 2016.
A marriage concluded abroad must be entered in the Spanish Registro Civil (civil registry); the citizenship application requires a Spanish certificado literal de matrimonio specifically.
Marriage does not exempt you from the renuncia, the declaration renouncing your previous citizenship (art. 23.b). Only nationals of the countries listed in art. 24.1 and Sephardic Jews are exempt; Russia, Ukraine, Belarus and Kazakhstan are not on that list.
The statutory processing time is one year from the date the application is received (Real Decreto 1004/2015). Administrative silence means refusal, not approval: silencio negativo.
Budget for mandatory payments: fee €104.05 (modelo 790, código 026), CCSE €85, DELE A2 €138 in Spain in 2026.

Who gets Spanish citizenship after one year: the full list in article 22.2

The one-year period is not a privilege for spouses but a closed list of six categories. The spouse of a Spaniard appears under letter “d”, alongside people born in Spain, former wards and descendants of Spaniards. The list is closed: anything not on it does not qualify for the one-year period, even if the situation is similar in substance.

The general rule in article 22.1 is ten years of residence. Five years applies to people granted asylum. Two years applies to nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and to Sephardic Jews. Only article 22.2 lowers the period to one year.

Letter of art. 22.2	Who	What to note
a	A person born in Spanish territory	What matters is the place of birth, not the parents’ citizenship
b	A person who did not exercise the right of option (facultad de optar) in time	The deadline for the right of option was missed, but the fast track through residence remains
c	A person under the guardianship, custody or foster care of a Spaniard or a Spanish institution for two consecutive years	Two years without interruption; the status is confirmed by a decision of the guardianship authority
d	The spouse of a Spaniard: married for a year at the time of application, with no legal or de facto separation	The main subject of this article
e	The widow or widower of a Spaniard, if there was no legal or de facto separation at the time of the spouse’s death	A category that is rarely written about; see the section below
f	A person born outside Spain to a father or mother, grandfather or grandmother who were originally Spanish	You must prove “originariamente españoles”, the ancestor’s original Spanish citizenship

The wording of point “d” is short and leaves no room for interpretation:

«El que al tiempo de la solicitud llevare un año casado con español o española y no estuviere separado legalmente o de hecho».

“A person who, at the time of the application, has been married to a Spanish man or woman for one year and is not legally or de facto separated.”

There are two key points here: “al tiempo de la solicitud” (at the time of application) and “separado de hecho” (de facto separation). De facto separation requires neither a court decision nor a divorce: it is enough for the spouses to have stopped living together as a couple. That is why a certificado de convivencia (certificate of cohabitation) or a joint empadronamiento is part of the document set and not a mere formality.

Three timers that people confuse

A citizenship-by-marriage case involves three independent periods: a year of marriage, a year of legal residence and the actual processing time. The first two are counted before you apply and can run in parallel. The third begins after you apply, and you have almost no influence over it.

Timer	Duration	Rule or source	Starts from
Length of marriage	1 year	Art. 22.2.d Código Civil	Date of marriage
Legal residence in Spain	1 year, continuous, immediately before applying	Art. 22.3 Código Civil	Start date of the residence card
Processing	Statutory: 1 year; in practice in 2025–2026: 12–24 months	Real Decreto 1004/2015; practice according to specialist legal websites	Date the application is registered

The periods of marriage and residence overlap. If you married and in the same period obtained a tarjeta de familiar de ciudadano de la Unión (residence card for a family member of an EU citizen) under Real Decreto 240/2007, both years will expire almost simultaneously. There is no need to wait two years in a row; this is the most common mistake in calculations.

The opposite situation is more frequent: the marriage took place three years ago, but residence in Spain was obtained six months ago. Then it is too early to apply: what is missing is not the marriage but the residence. The later of the two timers is what counts.

What article 22.3 says about the quality of residence

«En todos los casos, la residencia habrá de ser legal, continuada e inmediatamente anterior a la petición».

“In all cases, residence must be legal, continuous and immediately prior to the application.”

A separate exception in article 22.3: a spouse living abroad with a Spanish diplomatic or consular official is deemed to have legal residence in Spain. For everyone else, physical presence in the country is mandatory.

Which residence counts and which does not

Only a status that Spanish law classifies as “residencia” counts, not “estancia” (temporary stay). The practical consequence: years spent in Spain on a student visa do not count towards naturalisation, even though the person held a card and lived in the country legally.

The Audiencia Nacional set out this position in judgment SAN 545/2016 of 19 September 2016, citing Supreme Court case law: rulings of the Tribunal Supremo of 3 May 2001, 17 November 2001 and 4 December 2009. The reasoning: estancia por estudios is a permit to stay for the purpose of study; it does not create a right to permanent residence and is not covered by the concept of legal residence in article 22.

For the spouse of a Spaniard, the usual route is a tarjeta de familiar de ciudadano de la Unión under Real Decreto 240/2007. The most convenient way to count the year of residence is from its start date. The financial means requirements for this status change, so check the specific amounts for 2026 against the current version of the regulation and the practice in your province.

If your student years are behind you and you have changed status, by the time you apply for citizenship it may be convenient to hold permanent residence in Spain, but it is not a mandatory condition for article 22.2.d.

Registering the marriage in the Registro Civil: the real bottleneck

The citizenship application requires not a foreign marriage certificate but a Spanish certificado literal de matrimonio, an extract from the Spanish Registro Civil. If the marriage was concluded in Russia, Kazakhstan, Ukraine or any other third country, it must first be entered in the Registro Civil Central, and this is the step that most often pushes back the whole timeline.

The procedure is: an apostilled marriage certificate, a sworn translation, documents of both spouses, and an application for registration. According to applicants’ reports, registration at the Registro Civil Central takes many months; this is practice rather than a statutory deadline, so allow a margin and do not plan to apply for citizenship “right after the anniversary”.

An important detail: when registering a foreign marriage, the Registro Civil also conducts an audiencia reservada, a separate confidential interview with each spouse. In other words, the check for a sham marriage happens here, not in the citizenship case.

Audiencia reservada: how sham marriages are really checked

The separate confidential interview of spouses is provided for in article 246 of the Reglamento del Registro Civil and set out in detail in the Instrucción DGRN of 31 January 2006 on matrimonios de complacencia, marriages of convenience entered into for documents (BOE-A-2006-2776). The interview takes place either in the expediente matrimonial before a wedding in Spain or when a foreign marriage is registered. There is no separate interview in the citizenship case itself.

Where exactly you may be called in

Expediente matrimonial: the preliminary procedure before a wedding in Spain. Following the 2015–2021 reforms it is conducted either by the Registro Civil or by a notary.
Inscripción of a marriage concluded abroad in the Registro Civil Central: here the audiencia is conducted in the same way.
Citizenship case: there is no interview about a sham marriage. Integration into society is tested through the exams under Real Decreto 1004/2015.

What counts as a sign of simulation

The 2006 instruction names two basic indicators: not knowing the partner’s basic personal and family details, and the absence of a prior relationship. “Basic details” include date and place of birth, address, profession, citizenship, previous marriages and close relatives.

At the same time, the instruction expressly limits how deep the check can go: knowledge of the “núcleo conceptual”, the conceptual core of information about the partner, is sufficient. Knowledge down to the smallest detail is not required, and discrepancies in details prove nothing in themselves.

What is NOT evidence of a sham marriage

Keep this list to hand: it is cited when appealing refusals.

The foreign spouse’s lack of legal status in Spain.
A significant age difference between the spouses.
Having met recently.
Not living together, if this is explained by economic reasons.

The instruction establishes a presumption of good faith: the marriage is presumed valid, and a refusal requires “certeza moral plena”, the official’s full moral certainty that the marriage is simulated. Doubt is resolved in favour of the spouses.

Marriage does not exempt you from renouncing your previous citizenship

The one-year period and the renuncia, the declaration renouncing previous citizenship, are governed by different articles and different lists of countries. Article 23 of the Código Civil requires three actions from everyone being naturalised, and marriage cancels none of them.

An oath or promise of allegiance to the King and obedience to the Constitution and the laws (from the age of 14).
A declaration renouncing previous citizenship, except for nationals of the countries in article 24.1 and Sephardic Jews.
Registration of the new citizenship in the Registro Civil.

Article 24.1 lists only the Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal. Russia, Ukraine, Belarus and Kazakhstan are not on the list, so you will have to sign the declaration of renunciation. How this works in practice and what happens to your previous passport is explained in our article on dual citizenship in Spain.

A special case: France

The Convenio de nacionalidad España–Francia, signed in Montauban on 15 March 2021 (BOE-A-2022-4916), has been in force since 1 April 2022 and removes the renunciation requirement for French nationals. But the Instrucción DGSJFP of 31 March 2022 (BOE-A-2022-5573) states the limitation plainly:

«No se prevén vías privilegiadas de acceso a la nacionalidad, ni una reducción del plazo de residencia».

“No privileged routes of access to citizenship are provided for, nor any reduction in the period of residence.”

In other words, the convention concerns the renuncia and does not affect the periods. France is not in the text of article 24.1: these are two different lists and should not be confused.

What happens to your previous citizenship after the oath

Article 25.1.a: a naturalised Spaniard loses Spanish citizenship if for three years they use exclusively (exclusivamente) the citizenship they declared they were renouncing. The key word is “exclusively”: the rule targets those who completely ignore their Spanish status after taking the oath.

Article 25.2 separately deals with falsification, concealment and fraud: acquisition of citizenship is annulled by a court, and the public prosecutor can bring an action within fifteen years. Russian-language materials regularly give the figure of “ten years”; this is a mistake.

Marriage and pareja de hecho: one point of law apart

A registered partnership is not on the closed list in article 22.2 and does not reduce the period to one year. It can serve as a basis for residence, but the naturalisation clock stays at ten years.

Criterion	Marriage to a Spaniard	Pareja de hecho with a Spaniard
Period before naturalisation	1 year (art. 22.2.d)	10 years (general rule, art. 22.1)
Basis for residence	As a rule, a tarjeta de familiar under RD 240/2007	Possible; the procedure depends on the autonomous community and the register
Registration in the Registro Civil required	Yes, the marriage is entered in the registry	Registration in a regional or municipal partnership register
Audiencia reservada	Yes, in the expediente or inscripción	Checks are carried out in a different form
Effect on renuncia	None	None

If you are choosing between the two forms of relationship, it is useful first to compare them across the full range of rights; a separate article covers pareja de hecho. For citizenship purposes the difference is radical: nine years.

Documents for the application

The set is built around two pieces of evidence: that the marriage is valid and registered in Spain, and that the couple genuinely live together. Everything foreign must be apostilled and translated by a sworn translator.

Certificado literal de matrimonio issued by the Spanish Registro Civil, not by a foreign authority.
Certificado de convivencia or a joint empadronamiento of the spouses.
Birth certificate of the Spanish spouse.
The applicant’s passport, all pages.
The applicant’s birth certificate with apostille and sworn translation.
Criminal record certificate from the country of origin.
Residence card confirming a year of legal residence.
DELE A2 and CCSE certificates.

For category “e”, the widow or widower of a Spaniard, you will also need the spouse’s death certificate and proof of living together at the time of death. The logic of the rule is the same as in point “d”: at the time of death there must have been no legal or de facto separation.

Article 22.4 adds a substantive requirement: “buena conducta cívica y suficiente grado de integración en la sociedad española”, good civic conduct and a sufficient degree of integration into Spanish society. The first is checked through criminal record certificates and police records, the second through the exams.

The DELE A2 and CCSE exams

Both exams are run by the Instituto Cervantes; the legal basis is Real Decreto 1004/2015 (BOE-A-2015-12047) and Orden JUS/1625/2016. The CCSE tests knowledge of the constitutional system and sociocultural realities; the DELE A2 tests command of Spanish.

The CCSE costs €85, and this price includes two attempts. The exam has 25 questions: 15 on the Constitution and public administration and 10 on culture, history and society. You have 45 minutes, and the pass mark is 15 correct answers out of 25. Sessions are held on the last Thursday of every month except August and December; the result appears after about 20 days, and the certificate is valid for four years.

Exempt from the CCSE are minors, people whose legal capacity has been limited by a court and holders of a Spanish ESO (secondary school) certificate. I would stress separately: nationals of Spanish-speaking countries are NOT exempt from the CCSE; they are exempt only from the DELE.

The DELE A2 in Spain costs €138 in 2026 (€134 in 2025); the price depends on the country where you sit it. Exempt are nationals of countries where Spanish is an official language, minors and holders of recognised Spanish language qualifications.

Budget: what you will have to pay

There are three mandatory payments: the fee and two exams. Everything else depends on the number of documents and the country they come from, so there are no fixed amounts here.

Expense item	Amount	Comment
Government fee, tasa modelo 790 código 026	€104.05	Unchanged since 2022. Source: Spanish Ministry of Justice
CCSE	€85	Includes two attempts; the certificate is valid for 4 years
DELE A2	€138 in Spain, 2026	The price depends on the country where you sit it; €134 in 2025
Apostilles	Depends on volume	The rate is set by the country issuing the document
Sworn translations	Depends on volume	Charged per page or per character
Criminal record certificate	Depends on the country	The apostille and translation are paid separately
Gestor or lawyer’s services	By agreement	Not a mandatory expense

Competing materials still quote fees of €102 and €103; these are outdated figures from previous versions of the tariff.

Timescales, administrative silence and the oath

The procedure is entirely electronic and governed by Real Decreto 1004/2015. The statutory period is one year from the date the application is received. If there is no decision, the application is deemed rejected, not granted.

«El procedimiento deberá ser resuelto y notificado en el plazo máximo de un año desde que la solicitud haya tenido entrada… Transcurrido el plazo aludido sin que haya recaído resolución expresa, se entenderán desestimadas las solicitudes».

“The procedure must be resolved and the decision notified within a maximum of one year from the date the application was received… Once that period has elapsed without an express decision, the applications shall be deemed rejected.”

This is silencio negativo, negative administrative silence. The claim that “an official’s silence means approval” appears regularly in Russian-language materials and directly contradicts the rule.

Actual processing times in 2025–2026, according to specialist legal websites, are 12–24 months. When the one-year period is exceeded, a recurso contencioso-administrativo is commonly used: an appeal against inaction to the administrative court on the grounds of silence.

After a favourable decision, article 21.4 applies: the grant of citizenship lapses if the applicant does not come forward to fulfil the requirements of article 23 within 180 days of notification. The oath, the renunciation and registration must all fit within this period. The general logic of the procedure for all grounds is described in our article on Spanish citizenship, and the reduced periods are compared in our guide to fast-track naturalisation.

The obligation to notify Russia

Having obtained Spanish citizenship, a Russian citizen must file a notification within 60 calendar days; for those abroad, the countdown starts from the date of entry into Russia. The legal basis is article 11 of Federal Law No. 138-FZ of 28 April 2023.

For missing the deadline or filing incorrectly, article 19.8.3 of the Russian Code of Administrative Offences provides for a fine of RUB 500–1,000 for individuals. Complete failure to comply is an offence under article 330.2 of the Russian Criminal Code: a fine of up to RUB 200,000 or the equivalent of up to one year’s income, or compulsory community work of up to 400 hours. The filing procedure, forms and nuances for those who do not visit Russia are covered in our article on notification of second citizenship.

Myths that get in the way of calculating the periods

“Marriage to a Spaniard gives citizenship automatically”

No. Marriage shortens the residence period to one year and does not remove the exams, the article 22.4 requirement of good conduct and integration, or the need for a decision by the Ministry of Justice.

“Administrative silence means approval”

No. Real Decreto 1004/2015 establishes silencio negativo: after a year without a decision, applications are deemed rejected.

“Pareja de hecho is equivalent to marriage”

No. The list in article 22.2 is closed, and partnerships are not on it. The period remains ten years.

“A student visa counts as residence”

No. Estancia por estudios does not constitute legal residence under article 22: SAN 545/2016 of 19 September 2016, citing Tribunal Supremo case law.

“A French spouse exempts you from renunciation and shortens the period”

Half true. The 2021 convention removes the renuncia requirement for French nationals but does not shorten the residence period, and France is not in article 24.1. A French applicant married to a Spaniard gets the one-year period not under the convention but under the general rule of article 22.2.d, as the spouse of a Spaniard.

“An annulment action can be brought within 10 years”

No. Article 25.2 of the Código Civil gives the public prosecutor fifteen years to bring an action to annul citizenship obtained through falsification, concealment or fraud.

What to do in the event of divorce

The requirement of article 22.2.d is worded as “al tiempo de la solicitud”, at the time of application. We could not find a specific Tribunal Supremo ruling on whether the marriage must still exist at the time of the decision, so categorical statements are out of place here.

Practising lawyers take the view that the main real risk in a divorce is not a refusal on formal grounds but the cancellation of the tarjeta comunitaria and loss of legal residence. Without valid resident status, the second condition, legal and continuous residence, collapses. If the divorce happens after you apply, discuss your strategy with a lawyer before, not after, the card is cancelled.

Frequently asked questions

How many years do you need to live in Spain to get citizenship by marriage?

One year of legal, continuous residence immediately before the application: article 22.3 of the Código Civil. At the same time, a year of marriage under article 22.2.d must have elapsed. The periods run simultaneously, not consecutively, so the spouse of a Spaniard who has lived legally in Spain for a year after the wedding can apply straight away.

Does marriage to a Spaniard give citizenship automatically?

No. Marriage shortens the residence period from ten years to one and nothing more. You will need the DELE A2 and CCSE exams, a criminal record certificate, proof of living together and a decision by the Ministry of Justice. The application is processed under the general procedure of Real Decreto 1004/2015 and may be rejected.

Do you have to renounce Russian citizenship when married to a Spaniard?

Formally yes: article 23.b of the Código Civil requires a declaration of renunciation from everyone except nationals of the countries in article 24.1 and Sephardic Jews. Russia is not on that list. The declaration is made before a Spanish official and does not in itself terminate Russian citizenship under Russian law.

Does study on a student visa count as residence for citizenship?

No. Estancia por estudios is a permit to stay, not to reside. The Audiencia Nacional confirmed this in judgment SAN 545/2016 of 19 September 2016, citing Tribunal Supremo rulings of 3 May 2001, 17 November 2001 and 4 December 2009. Years of study do not count under article 22.

Can you apply for Spanish citizenship if the marriage took place in Russia?

Yes, but first the marriage must be entered in the Spanish Registro Civil Central. The application must include a Spanish certificado literal de matrimonio; a foreign certificate is not accepted directly. Registration requires an apostille, a sworn translation and, as a rule, an audiencia reservada, and according to applicants it takes many months.

What happens if you divorce after applying for citizenship?

The law requires you to be married and not separated at the time of application. We could not find a direct Tribunal Supremo precedent on the state of the marriage at the time of the decision. The practical risk is different: divorce leads to cancellation of the tarjeta comunitaria, and without valid residence the condition of article 22.3 collapses.

Does pareja de hecho give the right to citizenship after one year?

No. The list in article 22.2 is closed, and a registered partnership is not on it. A pareja de hecho can be a basis for obtaining residence, but the naturalisation period remains the general one: ten years under article 22.1.

How much does applying for Spanish citizenship by marriage cost?

Mandatory payments: the €104.05 fee under modelo 790 código 026, the CCSE exam at €85 with two attempts, and the DELE A2 exam at €138 in Spain in 2026. Apostilles, sworn translations and certificates are paid for separately; their cost depends on volume and the issuing country.

How long does it take to process an application for Spanish citizenship by marriage?

The statutory period is one year from the date the application is received under Real Decreto 1004/2015. Actual processing times in 2025–2026, according to specialist legal websites, are 12–24 months. If the deadline is exceeded, a recurso contencioso-administrativo is possible: an appeal to the administrative court on the grounds of administrative silence.

What does administrative silence mean in a citizenship case?

Refusal. Real Decreto 1004/2015 expressly states that after a year without an express decision, applications are deemed rejected. This is silencio negativo. The common claim of “positive silence” in citizenship cases is wrong and leads people to miss appeal deadlines.

Do citizens of Ukraine, Belarus or Kazakhstan need to take the DELE A2?

Yes. Exempt from the DELE are nationals of countries where Spanish is an official language, minors and holders of recognised Spanish qualifications. Ukraine, Belarus and Kazakhstan are not on that list. Everyone takes the CCSE, including nationals of Spanish-speaking countries: the language exemption does not apply to it.

Can you get citizenship if your Spanish spouse has died?

Yes, article 22.2.e expressly provides a one-year period for the widow or widower of a Spaniard, provided there was no legal or de facto separation at the time of the spouse’s death. You will also need the death certificate and proof of living together at the time of death.

Sources

If you would like someone to look at your specific timeline (the date of your marriage, the start date of your residence and the status of registration in the Registro Civil), write to us and we will go through the dates; we will tell you plainly if we cannot help.

Author: Irina Firsova, lawyer, member of the Barcelona Bar Association No. 46.385. This article is for reference only and does not replace a consultation.

Updated: 18 August 2026.

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