Additional disposition first. Payment of fees.

The payment of the fee for the initiation of the procedure to obtain the Spanish nationality by residence, provided for in paragraph 4 of the seventh final provision of Law 19/2015, of July 13, of reform measures Administrative authorities in the field of the Administration of Justice and the Civil Registry shall be carried out by the person concerned or by his representative, subject to completion of the corresponding payment form, in the manner determined by the Ministry of Justice. The standard rate payment model will be available on the Ministry of Justice's website.

This fee does not include the prices of the DELE examination tests or of the Spanish constitutional and sociocultural knowledge (CCSE), designed and administered by the Instituto Cervantes in accordance with the penultimate paragraph of the paragraph 3 of the seventh final provision of Law 19/2015 of 13 July. The prices of such tests shall be governed by the provisions laid down in the specific rules of that public body.

Additional provision second. Conclusion of agreements with departments and public bodies of the General Administration of the State.

In the event that agreements are concluded with other departments and public bodies of the General Administration of the State aimed at enabling the reuse of IT applications from other departments or (a) bodies for the processing of files shall be as laid down in Article 6.2 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, to the existing sectoral rules and, where appropriate, to the provisions of the Royal Decree 806/2014 of 19 September 2014 on the organisation of operational instruments information and communications technologies in the General Administration of the State and its Public Bodies, and in particular, as provided for in Article 10 of the aforementioned royal decree regarding the means and services declared as shared by the ICT Strategy Commission.

Additional provision third. Performances of the Instituto Cervantes.

The Secretary-General of the Cervantes Institute is empowered to adopt the decisions and procedures required for the development of the tests referred to in Article 6 of this Regulation.

Additional provision fourth. Accreditation of basic knowledge of the Spanish language through official academic certificates.

applicants of Spanish nationality by residence may prove the basic knowledge of the Spanish language by providing the Cervantes Institute with the official certificates of the basic levels (A2), intermediate and advanced teaching of Spanish as a foreign language, issued by the corresponding educational administration under Royal Decree 1629/2006 of 29 December, setting out the basic aspects of the curriculum of the teaching of languages of special status governed by the Organic Law 2/2006, of 3 May, Education.

In these cases, the interested parties will be exempt from the validation tests of the Spanish domain provided for in Article 6 of the Regulation governing the procedure for the acquisition of Spanish nationality by residence.

First transient disposition. Files in progress and transitional period.

Nationality files by residence will be processed and resolved in accordance with the rules of procedure in force at the time of application.

Second transient disposition. Submission of applications to Civil Records, administrative bodies and electronically.

1. During the transitional period on average from the entry into force of this royal decree until 30 June 2017, the interested parties may continue to submit their applications to the Civil Registry corresponding to the address of the person concerned. Such applications shall be submitted on paper. In such cases, the Civil Registry shall carry out the necessary requirements to complete the incomplete applications and, once they contain all the documentation required by this royal decree, it shall forward them to the Directorate General of the Records and the Notary.

2. For the purposes of this transitional provision, the referral of documents from the Civil Records to the Directorate-General of the Registers and the Notary shall be carried out, whenever possible, in a telematic manner, after digitalization. of the documents, subject to the conditions laid down by the Directorate-General. Where such conversion cannot be carried out in electronic form, the General Directorate of the Registers and the Notary shall be responsible for the conversion.

3. After the end of the transitional period referred to in this provision, applications may be submitted only through the corresponding electronic application, or in accordance with the general rules on the submission of applications, and the citizens ' communications to the public authorities. Both modalities are also possible during the transitional period ending on 30 June 2017.

Final disposition first. Amendment of Royal Decree 1137/2002 of 31 October 2002 regulating the "diplomas of Spanish as a foreign language (DELE)".

Royal Decree 1137/2002 of 31 October 2002 regulating the "Spanish diplomas as a foreign language (DELE)" is amended as follows:

One. Article 2 is worded as follows:

" Article 2. Subjective scope.

Diplomas of Spanish as a foreign language (DELE) may be obtained by those candidates who have passed the established examination tests. "

Two. Article 6 (3) and (4) are worded as follows:

" 3. It shall be for the Management Board of the Cervantes Institute to establish, on a proposal from the Secretary-General, the prices referred to in paragraph (c) above, and to lay down the basic criteria, for signature by the Director, of the provided for in paragraph (e). In addition, the function described in paragraph (b) shall correspond to it.

4. The functions described in paragraphs (a) and (e) of paragraph 2 shall correspond to the Director of the Cervantes Institute. '

Three. A new paragraph 5 is added to Article 6 with the following wording:

" 5. It shall be for the Secretary-General of the Cervantes Institute to propose to the Management Board the prices referred to in paragraph 2 (c). The duties provided for in paragraph 2 (d) and (f) shall also correspond to him. "

Four. The fourth additional provision is worded as follows:

" Additional provision fourth. Recognition of diplomas, certificates or evidence of knowledge of Spanish as a foreign language integrated into the International System of Certification of Spanish as a Foreign Language (SICELE).

The diplomas, certificates or certificates of knowledge of Spanish as a foreign language that have been integrated into the International System of Certification of Spanish as a Foreign Language (SICELE) will be equivalent to the diplomas provided for in this royal decree except as regards the procedure for the acquisition of Spanish nationality.

The diplomas, certificates or diplomas integrated in the International System of Certification of Spanish as a Foreign Language (SICELE) will be equivalent, in respect of each of its six levels, respectively, to the diplomas of Spanish at its corresponding level A1, A2, B1, B2, C1 and C2. '

Final disposition second. Applicable rules.

In the procedures in which it is applicable, this royal decree shall be deemed to be specific and preferential regulation in respect of other regulatory standards. In particular, this royal decree will prevail over the provisions of Articles 220 to 224, 341 to 362, and 365 to 369 of the Regulation of the Law of the Civil Registry, approved by Decree of 14 November 1958, which will, however, remain in force in the the extent to which they are applicable to other procedures.

Final disposition third. Regulatory enablement.

1.The Minister of Justice is empowered to carry out this royal decree among other matters and in particular for the development of the forecasts for the validation tests of constitutional knowledge and Spain, which in any case will respect equal treatment and equal opportunities for women and men. These tests will be designed and administered by the Cervantes Institute.

2. The Minister of Defence is empowered to regulate, in coordination with the Ministry of Justice, those aspects of his competence which relate to the procedure provided for in this royal decree.

Final disposition fourth. Competence title.

This royal decree is dictated by the provisions of Articles 149.1.2. and 149.1.30. of the Constitution, which attribute to the State, respectively, exclusive powers in matters of nationality and to dictate the regulation of the conditions for obtaining, issuing and approval of academic and professional qualifications.

Final disposition fifth. No increase in public spending.

The implementation of this royal decree will not generate an increase in public spending.

Final disposition sixth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, November 6, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO

REGULATION GOVERNING THE PROCEDURE FOR THE ACQUISITION OF SPANISH NATIONALITY BY RESIDENCE

CHAPTER I

General provisions

Article 1. Object and competence.

1. The purpose of this Regulation is to regulate the procedure for the acquisition of Spanish nationality by residence.

2. The General Directorate of Records and Notaries shall be responsible for the instruction of such proceedings.

Article 2. Subjective scope.

The Minister of Justice will grant the Spanish nationality by residence to those foreigners who, through the procedure laid down in this regulation, prove to have resided legally in Spain during the periods and with the requirements set out in the Civil Code.

Article 3. Electronic nature of the procedure.

1. The processing of the procedure shall be electronic in all stages, without prejudice to the provisions of paragraph 2 of this Article and to the possible presentation of the documentation in any of the legally intended forms. In any case, they are obliged to relate to the Administration through electronic means who, being representatives of the person concerned, exercise a professional activity for which compulsory tuition is required. In such cases, and in all other cases where there is legal or voluntary representation, the administrative notifications shall be addressed to those representatives, with the same effects as if they had been made to the person concerned.

2. For the purposes of paragraph 2 of the seventh final provision of Law 19/2015 of 13 July 2015 on administrative reform measures in the field of the Administration of Justice and the Civil Registry, telematic communications with the interested or their representatives shall be requested or agreed in an express manner. Otherwise, notifications will be made on paper support.

3. In the event that the documentation is presented on paper, the Civil Registry or the administrative body before which the documentation is presented, they shall, whenever possible, and in any case where legally required, seek the conversion of electronic documents in accordance with the Technical Standards for Interoperability on electronic document, in such a way that the procedure can be fully developed with this character through the IT application enabled for this purpose. Where such conversion cannot be carried out in electronic form on the terms expressed, the General Directorate of the Registers and the Notary shall be responsible for the conversion.

CHAPTER II

Procedure

Section 1 Procedure Initiation

Article 4. Procedure initiation.

1. The procedure shall be initiated by the person concerned by the submission of the relevant application in a standard format, either through the electronic application or, in the case of applications submitted on an equal date or before 30 June 2017, by submitting the application to the Civil Registry corresponding to the address of the person concerned, without prejudice to the general rules on the submission of applications, letters and communications of the citizens before the bodies of the public administrations. The standard application model will be available on the Ministry of Justice's website. The data subject shall be provided with a record of the date and time of the entry record of the telematic application.

2. For the purposes of the above paragraph, access to the electronic application shall be made available by making available to the public offices concerned the electronic means necessary for this purpose.

3. The legal representatives of minors or persons with the capacity to be judicially modified shall make the requests in accordance with the provisions of Article 21 of the Civil Code, upon accreditation of such representation and of the the authorisation referred to in Articles 21.3 and 20.2.a) of the Civil Code.

In the case of children under the age of fourteen or persons with legal-modified capacity, the request for Spanish nationality will be made by the legal representatives of the person concerned. This will require authorization from the person in charge of the Civil Registry of the home of the minor or person with the modified capacity judicially after obtaining the opinion of the Prosecutor's Office, especially if one of the circumstances is present. following:

(a) In the case of a guardian, guardianship or reception by a person other than the parents and, in general, in all cases of legal representation other than the parental authority.

b) When the acquisition of Spanish nationality requires the renunciation of the origin.

Article 5. Requirements and documentation.

1. The application of Spanish nationality by residence will require the submission of the following documents, which will be incorporated into an electronic file through the corresponding computer application:

(a) Standard model of application and, where applicable, mandate or power of the voluntary representative. In the case of submission of the application through professionals whose activity requires compulsory tuition, the documentary evidence of the representation shall be accompanied in any case.

The application model shall include the authorizations in favour of the General Directorate of the Records and Notaries that are necessary for the resolution of the procedure. However, the authorisations for the consultation of the data of the data subject relating to the address and the data in the Central Register of Penados and in the application of aliens managed by the Secretariat of State of Public Administrations and by the General Secretariat of Immigration and Emigration, may be replaced, respectively, by the contribution of the Certificate of Emregistration, the Certificate of the Central Register of Penados, and the Foreign Identity Card, Residence of the family of a citizen of the Union, or a certificate of registration of a Union citizen.

(b) Certificate of birth of the country of origin duly legalized and translated in its case, unless the person concerned gives proof of his or her status as a refugee or a stateless person, as determined by the Ministry of Justice.

(c) Passport, unless the person concerned gives proof of his or her status as a refugee or stateless person, as determined by the Ministry of Justice.

(d) the documentation relating to the degree of integration in Spanish society, in the terms referred to in Article 6 of this Regulation. However, it will not be necessary to provide the justification for the tests that have been exceeded before the Cervantes Institute when the application model expressly authorizes the consultation.

e) Justifying rate payment.

(f) Where appropriate, the documentation certifying where appropriate, in the terms determined by the Ministry of Justice, the concurrence in the data subject of one or more of the following circumstances: lack of exercise of the (a) the right to opt for Spanish nationality; refugee or stateless status; birth in Spanish territory; condition of sefardi; marriage to Spanish; condition of widower of Spanish; descendant of Spanish; or minority of age under guardianship, guardianship or non-provisional reception by a Spanish citizen or institution.

2. If the person concerned is less than eighteen years old, not emancipated or a person with a judicially modified capacity and subject to a legal representation regime, the following specific documentation shall be provided:

(a) If it is less than fourteen years or a person with the capacity modified judicially and subject to a regime of legal representation, the application must be signed by its legal representatives and the following one shall be provided documentation:

1. th Authorisation of the person in charge of the Civil Registry of the domicile of the minor or person with the judicial modified capacity, in accordance with the terms set out in Article 4 (3) of this Regulation. Where such authorisation does not apply, legal representation shall be accredited.

2. A certificate of training, residence, reception, care or special education which gives proof of sufficient degree of integration, compulsory in the case of school children. In the case of minors of pre-school age, the presentation of such a certificate shall be voluntary. In the case of persons with a judicially modified capacity, the provisions of Article 6.6 shall apply.

b) If he is over fourteen years of age but under eighteen years of age and does not have the judicial capacity as amended, the application must be signed by both the person concerned and his legal representative, and the following must be added: documentation:

1. A certificate of training center, residence or reception that establishes sufficient degree of integration.

2. The identification document of the person representing the representation when the person has the parental authority. In the case of representation other than the parental authority, a judicial order shall be provided where the legal representation is designated.

3. In the case of emancipates or over eighteen years of age who do not have the capacity to be judicially modified and subject to a regime of legal representation or who are not refugees or stateless persons, it shall be provided, in addition to the general documentation, certificate of criminal records of the country of origin duly legalized and translated. If the person concerned is a national of a State of the European Union, that certificate may be replaced by the Certificate of the Central Register of Spanish Penados, where it is expressly stated that the background has been consulted with the country of origin.

4. Where appropriate, a number of documents and reports may be considered appropriate. All documents submitted in electronic form specifying the signature of the applicant shall be signed by means of an electronic certificate recognised by the person concerned, his representative or, where appropriate, the relevant professional. In cases of telematic submission of the application, where several signatures of the same document are mandatory, one of them shall be electronic and the others shall be handwritten and scanned in the document itself.

Article 6. Evidence concerning the degree of integration in Spanish society.

1. The interested parties must pass both the examinations for obtaining the diploma of Spanish as a foreign language (DELE) at minimum level A2, as proof that the knowledge of the historical, constitutional and sociocultural values of Spain (CCSE), derived from the configuration of Spain as a social and democratic rule of law, which advocates as superior values of its legal order freedom, justice, equality and political pluralism, and knowledge and respect for the principles of conviviality in Spanish society.

2. Both tests will be in-person, designed and administered by the Cervantes Institute, in accordance with the penultimate paragraph of number 3 of 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, and with the provisions laid down in the specific regulations of the Instituto Cervantes and Royal Decree 1137/2002 of 31 October 2002, governing the diplomas of Spanish as a foreign language.

3. In any case, the test of constitutional and sociocultural knowledge of Spain will be formed by sixty percent of questions related to knowledge about the Constitution and the administrative and territorial organization of Spain and by a Forty percent of questions about Spanish culture, history and society. All the questions in this test will be closed in response and will have the same value in the test suite, which will be carried out on a regular basis in the examination centers recognized by the Cervantes Institute to perform them, must be approved and published, prior to the testing, the procedures and time limits for application for review of qualifications or complaints.

4. If the person concerned does not provide the proof of proof that the evidence has been passed before the Cervantes Institute, the direct access to such information must be authorized on the application form working in the databases of the Instituto Cervantes.

5. The interested parties who have previously obtained a diploma of Spanish as a foreign language (DELE) at least level A2, as well as nationals of:

Argentina.

Bolivia.

Chile.

Colombia.

Costa Rica.

Cuba.

Ecuador.

El Salvador.

Guatemala.

Equatorial Guinea.

Honduras.

Mexico.

Nicaragua.

Panama.

Paraguay.

Peru.

Puerto Rico.

Dominican Republic.

Uruguay.

Venezuela.

6. For the purpose of proving sufficient degree of integration into the Spanish company required by Article 22 (4) of the Civil Code, the legal representatives of those under the age of 18 and persons with modified capacity The court of justice shall provide the certificates of training, residence, reception, care or special education in which the person concerned has been registered. Such certificates shall be provided together with the other supporting documents, without prejudice to the possibility of the submission of new official documents or reports, taking into account the age and circumstances of the child or of the child. person with the judicially modified capacity.

7. 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.

8. In addition to exceeding the tests referred to in this Article, the documentation referred to in this Article must be assessed together in order to ensure that sufficient degree of integration into the Spanish company is established. reports referred to in Article 8 (1) and (2) of this Regulation.

Article 7. Enabling conventions for electronic submission of documents on behalf of stakeholders.

1. 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.

2. Such conventions shall specify the procedures and formalities to be used, the conditions and responsibilities arising therefrom, and the obligations applicable to the legal person or entity signatory to the convention and to the enabled natural or legal persons.

3. In any case, the agreements must expressly state that the intervention of the authorised professionals, who will subscribe to the documents provided with a recognised certificate of electronic signature, will be subject to the decision of the the applicant, whether the person concerned or his legal representative, is not therefore necessary for the intervention of the professional to deal with the file or to act on behalf of the competent authority but only on behalf of the competent body of the applicant, so the function of the professional will not be that of the treatment, but that of the representative and representative of the applicant of the file, keeping the documentation and carrying out the activities reviewed on behalf of this and not the Public Administration.

4. It should also be borne in mind that, in the case of the submission of documents by means of the telematic applications of the aforementioned professional associations, associations and collectives, such associations and collectives will be limited to at the disposal of the Public Administration the electronic tools which enable the application to be made, without in any case being able to constitute such associations and their electronic means in administrative records.

5. The order of the Minister of Justice shall determine the conditions and conditions for the conclusion of the conventions referred to in this Article. In any event, this order must ensure respect for the principles of objectivity, proportionality and non-discrimination in the definition of the conditions for the qualification.

Section 2. Procedure Instruction

Article 8. Reports.

1. Without prejudice to the person concerned with the burden of proof of the requirements for acquiring nationality, the competent authorities shall be required to report to the competent public authorities on the basis of the processing of the file. necessary and the necessary checks shall be carried out by the General Directorate of the Registers and the Notary. In particular, a report shall be requested, where deemed necessary, to the Government Delegation or Subdelegation which, in each case, corresponds to the terms arising from the above rules.

2. In any event, the mandatory report of the Ministry of the Interior shall be recorded in order to verify whether the applicant meets the requirements laid down in Article 22 of the Civil Code. The report of this Department will include the judgment on the conduct and situation of the foreigner in respect of the obligations imposed by his entry and residence in Spain.

3. The result of the DELE test of the A2 or higher level and of the constitutional and socio-cultural knowledge of Spain (CCSE) may also be verified. Such verification may be carried out by means of a telematic consultation of the Cervantes Institute, in such cases the result of the telematic check shall have the same evidentiary value as the contribution by the certificates concerned. corresponding.

Article 9. Specialties of the procedure for personnel serving the Armed Forces.

1. In the case of persons who are members of the staff at the service of the Armed Forces, the command or chief of staff of the army to which the person concerned belongs, or the Directorate-General for Personnel in the case of Common Bodies of the Armed Forces. Once the said Command, Chief of Staff or Directorate-General has formal knowledge of the request, it shall send the Ministry of Justice telematic and within a period of 15 days the precise documents together with a reasoned report propose the granting or refusal of Spanish nationality by residence.

2. This report shall expressly state the conduct of the oath or promise referred to in Article 13 of this Regulation. The persons concerned who are members of the staff at the service of the Armed Forces shall also certify their sociocultural knowledge of Spain, equivalent to the provisions of Article 6 of this Regulation, by means of a certificate issued by the Ministry of Defense.

3. The requests of the professional soldiers of troops and marineria, who are pending to subscribe to the long-term commitment, will have a preferential and urgent impulse in the various administrative procedures. This shall be recorded in the file.

Article 10. Subhealing and enhancement of the request.

1. If the application or documents submitted do not meet the requirements for obtaining Spanish nationality by residence, the person concerned or his representative shall be required or, where appropriate, communicated to the applicant or to the Command or Chief of Staff of the Army or Directorate-General of Personnel of the Ministry of Defense to which the person concerned belongs, to the object of its notification to it, to remedy the lack or accompany, telematic or physically, for its collation the documents which they have obtained. In the event that the sub-healing or supplement is physically provided, the appropriate actions shall be taken for inclusion in electronic format to the file, in accordance with the terms set out in Article 3 (3) of this Regulation.

2. In that notification, it shall be indicated that, in the event that the person concerned does not receive the remedy within three months of the notification of the request, the person concerned shall be given the right of withdrawal in his request, which shall be agreed by the corresponding resolution.

Section 3. Completion of the procedure

Article 11. Proposal and resolution.

1. The Directorate-General for Records and Notaries, in the light of the file, shall draw up a proposal for a decision granting or refusing the application of nationality for elevation to the Minister of Justice.

2. The Minister of Justice shall decide in the light of the above proposal and, in the case of personnel at the service of the Armed Forces, of the report provided for in Article 9 of this Regulation. In any event, the resolution of the dossier based on the report of the National Intelligence Centre shall be sufficiently reasoned.

3. The procedure must be resolved and notified within a maximum of one year after the application has entered the General Directorate of the Registers and the Notary. After the period referred to has not been expressed, the requests made by the parties concerned shall be deemed to be rejected.

4. The decisions, including those referred to in Article 10 (2), shall be communicated to the person concerned or his representative, preferably by means of electronic notification or any other form of telematic notification or, where appropriate, they shall be communicated in a telematic form to the Army Personnel Command or Chief of Staff of the Ministry of Defence to which the person concerned belongs, to the purpose of its notification to the latter.

The notification shall be made with the expression, where appropriate, of the resources which are coming, the time limit and the body for its interposition, as well as the conditions referred to in the following Article, including the fact that the Resolution shall be conditional on the person concerned not failing to comply with the requirement of good civic conduct up to the time of registration, warning that, in the event of non-compliance with this requirement, the resolution shall be effective.

Article 12. Effectiveness of the resolution.

1. The effectiveness of the grant decision shall be conditional on the fact that, within one hundred and eighty days from the day following the notification of the decision to the person concerned or his representative, they are made before the Register Civil the manifestations referred to in Article 23 of the Civil Code, concerning the oath or promise of fidelity to the King and obedience to the Constitution and the Laws, the renunciation of the previous nationality, where applicable, and the request of the corresponding entries in the Civil Registry, without which the person concerned has so far been committed acts incompatible with the requirement of civic good conduct.

To this effect, the General Directorate of the Registers and the Notary shall forward to the Civil Registry any evidence of the fact that it has knowledge of the non-compliance with the requirement of civic good conduct after the resolution the granting of the nationality, evidence which, after the granting of a period of argument to the person concerned and declared by the competent decision-making body, the ineffectiveness of the act of concession founded on grounds of public order, and in which they shall expressly state the facts on which the refusal is based shall prevent the registration of the nationality.

2. Where it is not established that the authenticity of the documents provided by the person concerned has been established before the electronic file, the Charge of the Civil Registry shall match them with their originals, which the person concerned must display before the Encharged proceeds to registration.

Article 13. Oath or promise.

1. Within five days of the events referred to in Article 12 (1) of this Regulation, the Charge of the competent Civil Registry for the purpose of the address of the person concerned in Spain shall be entered in the of Spanish nationality, thereby ending the procedure.

2. It is excluded from the obligation to give new oath or promise of fidelity to the King and obedience to the Constitution and to the laws, the personnel serving the Armed Forces that has accredited it in the terms of Article 9 of this Constitution. rules.

Section 4. Resources

Article 14. Reorder facility.

1. In the event of a refusal of the application for nationality, a replacement appeal may be brought in the terms and time limits laid down in the general rules of the common administrative procedure.

In the cases of personnel serving the Armed Forces, the Ministry of Justice will request, as soon as possible and by means of telematics, to report to the Defense Ministry body that would have instructed the file, which shall forward it by the same route within five days.

2. In the light of the file and of the report set out in the preceding paragraph, the resolution to be taken shall be issued in relation to the replacement appeal.