Can you have Spanish citizenship denied for not being integrated enough?
How important is integration when it comes to applying for Spanish citizenship through residency? And what are the most common ways for a foreigner to prove they've made an effort to integrate into Spanish society?
It’s common knowledge that are plenty of Brits in Spain who live in a bubble, residing in areas where Spanish isn't the main language spoken, socialising with English-speaking friends and only contracting private English-speaking services.
There are some villages in Spain even where foreigners outnumber locals. And this doesn't just involve UK nationals, many foreigners of different nationalities tend to stick to their own in Spain, whether intentionally or not.
If these people eventually want to get Spanish nationality because they’ve lived here for 10 years, one of the requirements is to prove integration into Spanish society.
Can it be said that these people have integrated? How is this proven? And could they be denied citizenship for this reason?
Step by step: How to apply for Spanish nationality
In recent weeks, there have been several cases where foreigners have been denied Spanish citizenship for not being able to prove integration, involving a Romanian national, a woman from Bolivia and a man from Morocco, although admittedly integration wasn't the sole reason their application was denied.
So how do the Spanish authorities check if you’ve integrated? According to the Spanish government “accreditation for integration is highly objective, as it consists of passing tests administered by the Cervantes Institute”.
The tests assess knowledge and command of the Spanish language and knowledge of the constitutional and sociocultural aspects of Spain. The first is the DELE language exam, where you need to show you have a minimum level of A2. It involves, reading, listening and speaking exercises.
The second is the sociocultural CCSE exam, where you will be asked questions on Spanish culture, geography, politics, history and more. In order to pass you will need to answer 15 of the 25 questions correctly. If you want to have a go, you can test yourself here to see how much you know.
READ ALSO: How good does my Spanish language level have to be to get citizenship?
It’s important to note that nationals of Ibero-American countries are exempt from taking the Spanish language tests. Other people who are exempt from taking the tests are children under the age of 18, those with learning difficulties or disabilities, those who are illiterate and people of Sephardic Jewish origin who are over 70 years old. Everyone else is obliged to take both tests and this is how integration is proved.
READ ALSO: How to avoid sitting the language and culture exams for Spanish citizenship
Therefore in reality, no matter where you live or who you socialise with, if you know enough about Spain and can speak Spanish to a basic level you can pass.
In two of the cases above of those who were denied citizenship or had it revoked, they claimed they were illiterate. In the third case, the woman from Romania didn’t take or submit the CCSE exam.
Not everyone agrees with these two tests, however, or believe that they imply integration. Some even say they are discriminatory, and go against the point of equality in the constitution.
This was recently applicable in the case of migrant women who may have not had the same level of education as other people, and the case was even brought before the Supreme Court.
Ultimately, the court ruled that it cannot be considered grounds for discrimination based on sex, but it did say that these cases should be judged slightly differently.
It recommended “adjusting the level of requirements regarding knowledge of the Spanish language and institutions, which can be adjusted based on the applicant's educational level and other circumstances”.
Therefore, according to Gema Murciano, Co-director of Sepín Immigration law firm: “There cannot be a generalised integration standard valid for all applicants; rather, their personal circumstances must be taken into account, including, undoubtedly, the lack of cultural training due to the limited education provided”.
So to sum up, yes generally you may be denied citizenship for not integrating - in the vast majority of cases if you fail to pass both the language and cultural exams - but it may be decided on a case by case basis if you’re in a vulnerable situation.
thelocal
