The seventh final provision of Law 19/2015, of July 13, of measures of administrative reform in the field of the Administration of Justice and the Civil Registry, has established a new procedure developed in the Real Decree 1004/2015 of 6 November 2015 approving the Regulation governing the procedure for the acquisition of Spanish nationality by residence. This procedure is purely administrative and is based on electronic processing in all its stages, which makes it possible to significantly reduce the time limits for resolution.

In accordance with the provisions of Article 61 of Law 40/2015 of 1 October 2015, of the Public Sector Legal Regime and in accordance with the powers conferred on me in paragraph 1 of the third final provision of the Royal Decree 1004/2015 of 6 November, and with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and electronic nature of the procedure.

1. The purpose of this Order is to develop the precepts of Royal Decree 1004/2015 of 6 November 2015 approving the Regulation governing the procedure for the acquisition of Spanish nationality by residence and set the necessary guidelines for their correct application.

2. The procedure for the acquisition of Spanish nationality by residence will be electronic in all its phases, from the filing of the application through the electronic headquarters of the Ministry of Justice until its resolution, without prejudice to the possible submission of the application in any of the forms provided for in the regulation approved by the Royal Decree 1004/2015 of 6 November 2015. However, telematic communications with the data subjects or their representatives shall be requested or agreed in an express manner. Otherwise, notifications will be made on paper support.

3. Those who act as representatives of the persons concerned exercising a professional activity requiring compulsory tuition shall be obliged to always relate to the Ministry of Justice through electronic means. In other cases, communications by electronic means shall be requested and agreed in an express manner by the interested parties or their legal representatives.

Article 2. Getting started with the procedure.

1. The procedure is initiated at the request of the person concerned or of his legal or voluntary representative, in electronic form, presented at the electronic headquarters of the Ministry of Justice (sede.mjustica.gob.es), accompanied by the documentation indicates in the Annex to this Ministerial Order, including, where appropriate, the accreditation of the representation. The submission of the application in electronic headquarters shall require the identification and electronic signature of the person concerned or his legal or voluntary representative.

2. The Ministry of Justice, in accordance with the general rules of common administrative law, will be able to subscribe with the General Council of Spanish Lawyers, the General Council of Colleges of Administrative Managers of Spain, the General Council The General Council of Social Undergraduate Schools of Spain and other professional associations, associations and collectives, enabling conventions for the electronic presentation of documents on behalf of Spain the interested parties, who regulate the procedures and requirements for telematic referral of the documentation, duly indexed and metadata.

For these purposes, it is understood that it is a professional who has acceded to the Convention, provided that its respective Professional College, Association or Collective is as a signatory or as a signatory to the Convention.

In any case, the agreements must expressly state that the intervention of the qualified professionals will be subject to the decision of the applicant, whether the person concerned or his legal representative is the latter.

These professionals will act on behalf of those interested in whose name they will be able to intervene in the procedure and in the resources they present in their case, as well as receive communications and notifications from the Administration. The General Councils, professional associations, associations and collectives prior to their referral in electronic format, will collate the original documents provided by the interested parties, who will be returned to them once digitalized and incorporated to the electronic file, in accordance with the criteria set out in the Conventions that have been signed.

3. Applications may be submitted only through the corresponding electronic application, or in accordance with the general rules on the submission of applications, letters and communications of the persons concerned to the bodies of the administrations. Public, without prejudice to the provisions of paragraph 2 of the single transitional provision of this order. In this case, the administrative body before which the documentation is presented shall endeavour, whenever possible, and in any case where it is legally required, to convert the documents to electronic format in accordance with the provisions in force. Technical standards for interoperability relating to electronic documents and their transmission in that format to the General Directorate of the Registers and the Notary, in such a way as to ensure the electronic nature of the procedure.

4. At the time of electronic submission of the application, the person concerned shall be given a supporting evidence with the date and time of the application and a file number which will enable him to consult the processing state at any time through the electronic headquarters of the Ministry of Justice. In the case of files initiated on paper in the Civil Records or authorised administrative bodies, a supporting evidence shall be provided to the person concerned at the time of the submission with the date and time of the application. The file number shall be communicated to the person concerned once the application has entered the General Directorate of the Registers and the Notary.

Article 3. Capacity.

1. The application may be submitted:

a) The emancipated person or over eighteen years.

b) The oldest of fourteen years assisted by his legal representative.

(c) The legal representative of the child under fourteen years of age

d) The legal representative of the person with the judicial modified capacity or the person with the judicially modified capacity alone duly assisted, as the result of the intraining sentence.

2. In cases where the application is to be submitted by the legal representative, as provided for in Articles 20.2 (a) and 21.3 of the Civil Code and in Article 4.3 of the Regulation adopted by Royal Decree 1004/2015 of 6 November 2015, only may be asked if he has previously obtained authorization from the person in charge of the Civil Registry of the address of the declarant, after obtaining the opinion of the Prosecutor's Office, authorization to be granted in the interest of the child or the person with a capacity judicially modified.

Article 4. Persons acting by means of legal representative.

1. Where the person concerned is under 14 years of age, the application must be submitted by his representative or legal representatives. Where the person concerned is a person with a judicially modified capacity, the application shall be made by the legal representative when it results from the intraining sentence. In such cases, the person in charge of the Civil Registry of the registered office of the declarant shall be required to be authorized, in accordance with the provisions of the previous artieck with the original documentation, the authenticity of the documentation scanned and contributed to the electronic file by the interested person or his representative. This requirement will not be required in the following cases:

1. º When the file is recorded in the file the previous collation and according to the right of the documentation existing in it.

2. In the case of electronic applications filed under the Collaboration Agreements between the General Directorate of the Registers and the Notary and the various professionals in administrative management, when this is the case expressly set out in the signed Conventions.

3. When the documentation has been submitted on paper in the Civil Records and the authenticity of the documents has been guaranteed prior to the referral of the documents to the Ministry of Justice, as established in paragraph 2quiring the passport exhibition of the country of origin together with the Identity card from abroad or residence card of family of citizens of the European Union. In the case of applicants from Member States of the European Union the Passport may be replaced by the Identity Document of the country of origin together with the Certificate of Registration of the Union citizen.

The validity of the certificate of having passed this test will be 4 years from the date of the certificate.

5. In accordance with its specific regulations, the Cervantes Institute will offer special actions in the administration of the DELE and CCSE tests for persons with disabilities, so that they have the support and reasonable adjustments that they can allow to compete under conditions of effective equality.

Persons who do not know how to read or write or have learning difficulties may request the waiver of these tests from the Ministry of Justice which, in the light of the particular circumstances and the evidence provided, It will resolve. Similarly, applicants who have been in school in Spain and have passed compulsory secondary education may be exempted from such tests. Both ends must be accredited by the appropriate documentation incorporated in the dossier.

6. Persons under the age of 18 years and persons with a judicially modified capacity shall be exempt from the excess of these tests to acquire the nationality, either by residence or under Law 12/2015, of 24 June, in respect of the granting of Spanish nationality for sefardies originating in Spain.

In cases of minors and persons with a judicially modified capacity, together with the application, certificates must be submitted for training, residence, reception, care or special education in which, in their case, the person concerned has been registered. This certificate shall be compulsory for minors of compulsory schooling and provided that the child or person with the judicial capacity is registered in one of these centres.

These certificates must include the date of registration at the school, if the child regularly attends the school, the degree of knowledge of the Spanish language in relation to his or her school age, the participation of the parents in school life, for example with attendance at meetings with teachers and whether or not there is any cause that may motivate the lack of integration of the minor or his legal representatives in the Spanish society.

The Directorate-General for Records and Notaries may automatically request the submission of new official documents or reports, taking into account the age and circumstances of the child or the person with the modified capacity. judicially.

Article 11. Resolution.

1. The holder of the Ministry of Justice shall be competent to resolve the granting or refusal of Spanish nationality by residence.

2. The decision shall be reasoned and shall declare the grant or refusal of the Spanish nationality by residence. In any event, the resolution based on the report of the National Intelligence Center, which shall be presumed to be true, shall be sufficiently reasoned.

It should be included in the resolution that its effectiveness will depend on compliance with the requirements of Article 23 of the Civil Code as well as on compliance with the requirement of civic good conduct up to the time of the registration of the granting of nationality in the corresponding Civil Registry.

3. In accordance with the provisions of Article 11 (3) of the Regulation governing the procedure for the acquisition of Spanish nationality by residence approved by Royal Decree 1004/2015, the deadline for resolving and notifying the decision shall be one year after the application has entered into the General Directorate of the Registers and the Notary, if no express resolution has elapsed after this period, the application shall be deemed to be dismissed by silence administrative.

4. The decision shall be notified to the person concerned or his representative on the spot and the form of such effect on the file, with the expression of the resources which are coming, the time limit and the body for his or her interposition, and the conditions for that resolution is fully effective in accordance with the provisions of Article 12 of the Regulation adopted by Royal Decree 1004/2015 of 6 November 2015.

5. A copy of the decision shall be sent by electronic means to the Civil Registry of the last address in Spain of the person concerned on the file. In the case of grant decisions, the copy of the birth certificate of the country of origin shall be attached in addition to the requirements laid down in Article 23 of the Civil Code.

Article 12. Effectiveness of the resolution.

1. The effectiveness of the grant decision shall be conditional on the fact that within 180 days from the day following the notification of the decision, the person concerned shall comply with the Office of the Civil Registry of the last registered office in Spain. which is included in the file, with the requirements laid down in Article 23 of the Civil Code:

1. º That the oldest of 14 years and able to lend a statement on whether he swore or promised fidelity to the King and obedience to the Constitution and the Laws. In the case of personnel serving the Armed Forces, this declaration will not be necessary when the oath or promise is made in the report submitted by the Army Command or Head in accordance with Article 9 of the Rules of Procedure. approved by Royal Decree 1004/2015 of 6 November.

2. º That the same person declares that he renounces his/her previous nationality. The natural persons of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal and the Sephardies are subject to this requirement.

3. º The acquisition is registered in the Spanish Civil Registry.

2. Upon receipt of the notice of the granting decision, the person concerned must go to the competent Civil Registry for the purpose of the address in Spain to request expressly the fulfillment of this procedure.

3. Prior to the act of swearing and registration, the Encharged of the Civil Registry shall chf the Spanish language by providing the official certificates of the basic (A2), intermediate (B1) and advanced (B2) levels of the Spanish as a foreign language issued by the relevant Educational Administration under Royal Decree 1629/2006 of 29 December, setting out the basic aspects of the curriculum of special regime language teaching regulated by the Organic Law 2/2006, of 3 May, of Education.

The certificates referred to in the preceding paragraph shall be those issued by the Ministry of Education, Culture and Sport, by the Ministry of authorities of the country of origin.

5. Justicizer of the fee payment.

6. In the case of legally emancipated minors, public deed of emancipation or Self of the Judge charged with the Civil Registry.

7. In the case of married persons certified marriage of the country of celebration, duly translated and legalized in their case.

(b) Under 14 years of age or persons with a judicially modified capacity to act through a legal representative:

1. The standard request model signed by the legal representative. In case of presentation in electronic place it will be replaced by the form on-line. In the case of more than one legal representative, the standard application model signed by both shall be attached in any case.

2. Certificate of birth of the country of origin duly legalized and translated as appropriate, in accordance with the International Conventions. In justified cases where it is impossible for the certificate to be provided for reasons of force majeure relating to that country of origin, the Judge responsible for the Civil Registry of the address of the person concerned shall be requested, prior to the application for the granting of the Spanish nationality by residence, and wherever possible, due diligence where the birth and parentage data of the sponsor is established in accordance with the rules relating to the procedure for the registration of the birth outside the period laid down in Articles 311 et seq. of the Civil Registry Regulation.

3. Full Passport or identification document in the case of nationals of European Union member countries.

4. Justicizer of the fee payment.

5. º Authorisation of the person in charge of the Civil Registry of the address of the declarant, as set out in Articles 20.2 (a) and 21.3 of the Civil Code and Article 4.3 of the Regulation approved by Royal Decree 1004/2015.

6. th Representative identification document or legal representatives.

7. Certificate of training, residence, reception, care or special education, in the terms set out in article 10.6 of this ministerial order.

c) Older than 14 years of age but under 18 years old, not emancipated or legally incapacitated who can act for themselves assisted by their legal representative:

1. Standard Request Model. The paper application must be signed by both the person concerned and his legal representatives. The electronic signature of one of them will suffice in the electronic venue presentation, but the paper application model signed by all is scanned.

2. Certificate of birth of the country of origin duly legalized and translated in accordance with the International Conventions. In justified cases where it is impossible for the certificate to be provided for reasons of force majeure relating to that country of origin, the Judge responsible for the Civil Registry of the address of the person concerned shall be requested, prior to the application for the granting of the Spanish nationality by residence, and wherever possible, due diligence where the birth and parentage data of the sponsor is established in accordance with the rules relating to the procedure for the registration of the birth outside the period laid down in Articles 311 et seq. of the Civil Registry Regulation.

3. Full passport identification document in the case of nationals of European Union member countries

4. Justicizer of the fee payment.

5. Certificate of training, residence or reception centre, in accordance with the terms set out in paragraph 10.6 of this ministerial order.

6. Deproof of legal representation in accordance with the provisions of Article 4 of this Ministerial Order

7. The representative identification document or legal representatives.

2. Specific documentation

There are some cases where, in addition to the documentation previously expressed, an additional one should be provided. Such cases, with the necessary additional documentation, are:

a) Nacids in Spanish territory:

-Certificate of birth of the person concerned registered in Spanish Civil Registry.

(b) Those who have not exercised the right to opt. In this case, the documentation that has been included in one of the assumptions of Article 20.1 of the Civil Code must be submitted, in order to do so:

-Birth certification of the Spanish father/mother.

-Certificate of birth of the person concerned registered in a Spanish Civil Registry or judicial decision where the adoption by Spanish or the recognition of the affiliation is recorded.

(c) Persons under the supervision, custody or non-temporary accommodation by natural person or Spanish institution:

In the case of family accommodation:

-Order of the competent court to designate the person who is to exercise the guardianship, guardian or reception.

In cases of reception by Spanish institution:

-Resolution of the institution for which the guardianship, guardianship or reception is assumed.

d) Casado/a with Spanish/a:

-A literal birth certificate of the Spanish spouse, issued by Spanish Civil Registry.

-A literal marriage certificate issued by Spanish Civil Registry.

-Convivencia de Covivencia o Empadonación conjunto con el spousal.

e) Viudo/a de español/a:

-The literal birth certificate of the spouse issued by Spanish Civil Registry.

-Marriage certificate issued by updated Spanish Civil Registry, that is, issued on dates close to the application for nationality.

-Spouse death certificate.

-Certificate of joint registration or cohabitation to the date of death of the spouse.

f) Descendant of Spanish:

-Verbatim certificate of birth of Spanish father/mother, or

-Verbatim certificate of birth grandfather/Spanish grandmother. In this case, the birth certificate of the parent or mother of Spanish who is a descendant of Spanish regardless of nationality must also be provided.

g) Sefardies: The condition of sefardi originating in Spain will be credited through the means that in this respect are collected in the Instruction of 29 September 2005 of the General Directorate of the Registers and the Notary on the application of Law 12/2005 of 24 June on the granting of Spanish nationality to Sephardies originating in Spain.

(h) Refugees and stateless persons: In the case of refugees and stateless persons, the documentation issued by the Ministry of the Interior, which accredits this condition, may replace the birth certificate and the certificate of history penalties from the country of origin, and even the passport, if the person concerned does not have them.

Itand translated according to the International Conventions. In the case of nationals of countries of the European Union it can be replaced by the Certificate of the Spanish Central Register of Penados where it is expressly stated that the background has been consulted with the country of origin.

This document may be replaced by the Consular Certificate of Conduct, as established by the Ministry of Foreign Affairs, duly translated and legalized. They shall be admissible only if they are issued on the basis of the consultation of the competent will always be mandatory:

1. Standard application model. In case of presentation in electronic place it will be replaced by the form on-line.

2. Proof of payment of the fee.

3. Blue Passport of the 1951 Geneva Convention.

4. Certificate or resolution of the Office of Asylum and Refuge of the Ministry of the Interior:

-Name and last name.

-Date and place of birth.

-Parent names.

-That maintains your status as a refugee or stateless person.

This certificate shall be valid for six months from the date of issue.

3. Authorization

In the application, the data subject must sign the consent for the Ministry of Justice to consult the data on its behalf that are:

1. Central Register of Penados. Only in the case of the elderly. If you do not give the authorization, you must provide the certificate of the Central Register of Penados.

2. INE in relation to the registration data. In case of failure to give the authorization, the certificate of registration must be provided.

3. Instituto Cervantes. Only in older cases. In case of failure to give the authorization, the certification of having passed the test of constitutional and sociocultural knowledge (CCSE) and proof of knowledge of the Spanish language (DELE) must be provided in the terms established in the article. 10.

4. Data of residence in Spain held by the Secretariat of State of Public Administrations of the Ministry of Finance and Public Administrations and the Ministry of Immigration and Migration of the Ministry Employment and Social Security.

4. Validity of documents

All documents must be in effect at the time of the request. In order to determine the validity in the case of licences, the period of validity of the certificate shall be taken into account. In the case of a criminal record in which the term of validity is not valid, it shall be understood that they have a validity of six months after their issue.

Documents issued by foreign authorities shall be duly legalized in accordance with International Conventions.

5. Issuing of a criminal record of the country of origin

The criminal history certificate must be issued, as a general rule, by the competent body of the country of origin. In justified cases where the country of origin is unable to contribute the certificate for reasons of force majeure, a certificate must be provided for each country in which the person concerned has been resident in the five years. immediately prior to the request.

In the so-called Federal States (Germany, Argentina, Australia, Brazil, the United States, India, Mexico, Russia and Venezuela) it is necessary for the criminal record to be from all over the country, not just from a federal state. In the event that a single certificate is not issued for the entire Federal State, the certificates corresponding to the Federal States in which the petitioner has resided during the five years preceding the date of the date of the first of the request.