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Spanish nationality denied: causes and appeals 2023

ODICE LAWYERS

Denegación de nacionalidad española 2023

The derivative acquisition of Spanish nationality entails acquiring the same rights and obligations as any other Spaniard.

However, in the administrative process of acquiring Spanish nationality, there are certain causes that can lead to a decision of refusal, which we will address below. 

There are two types of grounds for refusal of Spanish nationality: formal and substantial. 

Grounds for refusal of Spanish nationality

Formales:

The lack, defect or error in the following documentswill result in the rejection of the application.  

  • Submission on the application form standardised by the Ministry
  • Foreigner's identity card
  • Passport
  • Birth certificate
  • Criminal record in the country of origin
  • Certificate of census registration
  • Criminal record certificate in Spain.
  • Diplomas from the Instituto Cervantes.

Sustanciales:

  • Refusal to dispose of criminal records or for having an expired criminal record certificate.
  • Holding of police records.
  • Refusal for computing time student stay as if it were a residence permit.
  • Refusal due to submission of the dossier before the minimum time-limit for the submission of the dossier is met legal and continuous residence prior to the application.
  • Refusal for lack of good reason civic conduct.
  • Refusal for lack of integration (lack of knowledge of Spanish language, culture and history).
  • Refusal for lack of stable financial means.
  • Other reasons for administration. 
Spanish nationality. Lawyer for foreigners

Appeals against denial of Spanish nationality

En caso de denegación de nacionalidad española, hay que proceder conforme a las siguientes vías de actuación:  

  • Formulate a new application
  • Appeal in reinstatement
  • Take legal action in the administrative court system

Re-applying for Spanish Nationality

You can start the Spanish nationality procedure again by correcting the defects that prevented the first one from succeeding or by allowing the necessary time to pass in order to comply with the periods of continuous residence established by the regulations.

Lodging an appeal for reconsideration

Another option is to file an administrative appeal with the facts and grounds that we believe are applicable to our benefit.

This administrative appeal is optional and must be lodged within the time limit of 1 month from the rejection decision and will be decided by the same body that decided the application we are challenging. For this reason, this route is often unsuccessful.

File a contentious-administrative lawsuit

If, after having proceeded through the aforementioned channels, your application is still rejected and you consider that it is an error, you must file a contentious-administrative lawsuit (through the courts) within 2 days. months from the date of the decision rejecting or dismissing the appeal for reconsideration.

Lawyer for foreigners to obtain Spanish nationality in Málaga

Having good advice on how to obtain your Spanish nationality in Malaga is essential in order to achieve this goal.

From Ódice Abogados, immigration and foreigners' law firm in MálagaWe will analyse your case, take the necessary steps and, if necessary, litigate on your behalf if there is a basis for doing so.

If you need more information about:

Contact us, it will be a pleasure to help you.


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