Spanish Nationality for Minors 2026: Requirements, Fees, and Exam Exemption
Complete guide to obtaining Spanish nationality for minors: residence requirements, documentation, exam exemptions, fees, and step-by-step process.
Key Facts at a Glance
| Item | Detail |
|---|---|
| Main pathways | Nationality by Residence or Nationality by Option |
| Residence required (born in Spain) | 1 year |
| Residence required (Ibero-American) | 2 years |
| Residence required (general) | 10 years |
| Exam exemption | Minors under 18 are fully exempt from CCSE and DELE |
| Fee | Form 790 code 026 (~104.05 EUR per application) |
| Under 14 | Parents sign and manage everything; no oath required |
| Ages 14-17 | Minor signs (assisted by parents); oath required |
| Processing time | 1 to 3 years (administrative route) |
| Fast-track (judicial) | 6 to 8 months via Contentious-Administrative Appeal |
The Two Main Pathways
Nationality by Residence (Standard Path)
Applies when the minor is a foreigner, lives legally in Spain with their residence card, and meets the required legal residence deadlines. This is the usual route for children born in Spain or who arrived with their parents.
Nationality by Option (Derived Express Route)
If a parent obtains Spanish nationality, their minor children can "opt" for it automatically. This is a derived right that does not require proving the minor's residence times - only the parent-child link.
This process is bureaucratically lighter because it depends on the parent's nationality status rather than the child's residence history.
Requirements for Nationality by Residence
The child must have a valid residence card (TIE). Being on a tourist visa, student stay, or in an irregular situation is NOT valid.
Residence Deadlines by Category
| Category | Years of Legal Residence Required |
|---|---|
| Born in Spain | 1 year |
| Refugees | 5 years |
| Nationals of Ibero-American countries (includes Brazil, Portugal, Andorra, Philippines, Equatorial Guinea) | 2 years |
| All other nationalities (not born in Spain) | 10 years |
Required Documentation
All documents from outside Spain must be legalized (or apostilled) and translated by a sworn translator if not in Spanish.
Documents of the Minor
- Birth certificate from country of origin (complete)
- Full passport (scan of all pages, including empty ones)
- Valid Foreigner Identity Card (TIE)
- School enrollment certificate (strongly recommended as proof of integration)
Documents of the Parents
- Full passports
- Valid TIEs
- Family census certificate (historical and collective) to demonstrate cohabitation
- Parents' birth certificates (occasionally required)
Age and Legal Capacity
Minors Under 14
- Both parents (legal representatives) sign and manage everything
- The child does NOT go to sign the application
- The child does NOT perform the Oath of Nationality
- Purely administrative procedure handled by parents
Minors Ages 14-17
- The minor must sign the application (assisted by parents)
- At the end of the process, the minor **must perform the Oath of Nationality** in person (promising loyalty to the King and the Constitution)
- Required to obtain the DNI
Exam Exemption (CCSE and DELE)
**Minors under 18 are fully exempt** from the Instituto Cervantes exams:
- No CCSE (constitutional and sociocultural knowledge test)
- No DELE (Spanish language proficiency test)
The administration presumes integration through compulsory schooling. School enrollment certificates serve as evidence of integration in lieu of exam results.
Fees and Cost
| Item | Detail |
|---|---|
| Form | 790 code 026 |
| Approximate cost | 104.05 EUR per application |
| Payment basis | Per application (not per family) |
| Multiple children | Each child requires a separate fee payment |
Verify the current rate on the Ministry of Justice website before paying, as rates are subject to annual updates.
Legal notice: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated consultation, contact a qualified immigration attorney.
Frequently Asked Questions
The law requires consent of both parents since nationality is a decision of parental authority (not just custody). If one parent opposes or is unlocatable, judicial authorization from the Civil Registry Judge is needed to proceed.
As a general rule, not automatically. The child is born a foreigner with the parents' nationality. However:
The Ministry of Justice usually takes between 1 and 3 years via the normal administrative route. The alternative of filing a Contentious-Administrative Appeal before the National Audience can speed up response to about 6-8 months, but requires a lawyer and solicitor (more expensive route).
The Ministry of Justice usually takes between 1 and 3 years via the normal administrative route. The alternative of filing a Contentious-Administrative Appeal before the National Audience can speed up response to about 6-8 months, but requires a lawyer and solicitor (more expensive route).
Key Takeaways
- Two pathways exist: nationality by residence (standard) and nationality by option (if a parent already has Spanish nationality)
- Children born in Spain need only 1 year of legal residence
- Ibero-American nationals need 2 years; general rule is 10 years
- Minors under 18 are completely exempt from CCSE and DELE exams
- Under 14: parents handle everything; 14-17: minor signs and takes oath
- Fee is approximately 104.05 EUR per application (Form 790 code 026)
- Processing takes 1-3 years administratively, or 6-8 months via judicial appeal
- Both parents' consent is required (judicial authorization needed if one is unavailable)
- School enrollment certificates are powerful proof of integration
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