Spanish nationality for Moroccans: requirements and routes

The Moroccan community is one of the largest and most settled in Spain, and many people of Moroccan origin consider taking the step of obtaining Spanish nationality after years of living in the country. The path exists and is perfectly viable, but it has its own particularities that are worth knowing well: a longer residence period than that of other groups, the delicate question of renouncing the previous nationality and a series of documents that must be prepared carefully. In this guide we review, in a clear and practical way, which requirements are demanded and which residence routes are usually used.

The residence period: 10 years

The general rule for obtaining Spanish nationality by residence requires ten years of legal and continuous residence in Spain. Unlike nationals of Ibero-American countries, of the Philippines, Equatorial Guinea, Portugal or Andorra, and the Sephardim, who can apply for it after only two years, Morocco is neither an Ibero-American country nor does it fall within those special cases. Therefore, Moroccan citizens do not benefit from the reduced period: they must prove the full ten years of legal and continuous residence.

That the residence be "continuous" means that the count may be affected by prolonged absences from Spanish territory. It is advisable to keep the periods outside Spain within reasonable limits throughout the stage prior to the application.

The question of renouncing Moroccan nationality

This is one of the points that generates the most doubts. Spain does not have a dual nationality agreement signed with Morocco, unlike what happens with several Ibero-American countries. For this reason, when acquiring Spanish nationality by residence, Spanish law formally requires renouncing the previous nationality at the moment of swearing or promising the Constitution before the official of the Registro Civil.

That said, it is worth understanding the real scope of this renunciation with nuance. It is a declaration made before the Spanish authority, within the Spanish procedure. Moroccan legislation, for its part, does not usually recognise that renunciation as an effective loss of Moroccan nationality, which tends to be considered a permanent bond. In practice, many people of Moroccan origin in fact keep their Moroccan documentation. Because of its sensitive nature and because each person's personal situation may vary, this is a matter that should be consulted with a professional and confirmed both before the Spanish authorities and before the Moroccan ones before taking any step.

Entry and residence: the visa

Before being able to accumulate years of residence, one must reside legally, and for that one must first enter and obtain an authorisation. Moroccan citizens need a visa to enter the Schengen area, also for short stays. To settle and reside in Spain it is not enough to enter: one must obtain a residence authorisation that enables staying legally and, where appropriate, working.

Nationality requirements

In addition to the residence period, the nationality application requires meeting a series of conditions. The main ones are:

• Legal and continuous residence for ten years.
• Passing the CCSE and DELE A2 exams (except for exemptions), which we explain below.
• Proving good civic conduct and having no record that prevents it.

The CCSE and DELE exams

Those who apply for nationality by residence must, as a general rule, pass two tests of the Instituto Cervantes. The first is the CCSE (Constitutional and Sociocultural Knowledge of Spain), which assesses basic knowledge about the Constitution, the institutions and Spanish society and culture. The second is the DELE A2, which certifies a basic level of Spanish language. There are DELE exemptions for nationals of countries where Spanish is an official language, which is not the case of Morocco; however, people with certain circumstances (for example, having studied in Spanish) may be exempt. It is advisable to check each case.

Documents from Morocco: the apostille

For the application, documentation from the country of origin must be provided, essentially the criminal record certificate and the birth certificate issued by the Moroccan authorities. These documents must be legalised in order to take effect in Spain.

Here there is relatively recent good news: Morocco acceded to the Hague Convention on the Apostille in 2016. This greatly simplifies the procedures, because it allows Moroccan public documents to be legalised by means of the apostille, a single stamp, instead of resorting to the old and more cumbersome process of diplomatic or consular legalisation. The documents also usually require a sworn translation into Spanish.

Common residence routes for Moroccans

As the period is ten years, what is relevant for most is, first, to build and maintain a stable legal residence. These are the most used routes in the Moroccan community:

• Arraigo. For those who have already spent time in Spain, the different arraigo modalities (social, socio-labour or family) are a very common gateway to legal residence. You can consult the details of arraigo social.
• Residence and employed work. Being hired by a Spanish company is another frequent route; check how residence and employed work works.
• Family reunification. Very common given the strong family roots of the community. Consult family reunification.

The Social Security agreement

A useful detail for those who have worked in both countries: Spain and Morocco have a bilateral Social Security agreement signed. This agreement allows, in certain cases, contributions made in one country and the other to be counted, which may be relevant for the purposes of benefits and employment history. It does not replace the residence requirements for nationality, but it is a factor to take into account in planning.

How to apply and how it is granted

The application for nationality by residence is processed electronically and, once granted, the person must swear or promise loyalty to the King and obedience to the Constitution before the Registro Civil, the moment at which the aforementioned declaration of renunciation of the previous nationality is formalised. The procedure may take time, so it is advisable to arm oneself with patience and prepare the documentation in advance.

Frequently asked questions

How many years of residence do I need as a Moroccan?

Ten years of legal and continuous residence in Spain. Morocco does not benefit from the reduced two-year period that does apply to nationals of Ibero-American countries and to other special cases.

Do I really lose my Moroccan nationality when becoming Spanish?

Spanish law requires declaring the renunciation of the previous nationality before the Registro Civil, because there is no dual nationality agreement. However, Morocco does not usually recognise that renunciation. It is a delicate matter that should be confirmed with a professional and before both administrations.

Do I need a visa to come to Spain?

Yes. Moroccan citizens need a visa to enter the Schengen area, also for short stays. To reside, in addition, one must obtain a residence authorisation.

Do I have to apostille my Moroccan documents?

Yes. The criminal record certificate and the birth certificate must be apostilled. Since Morocco acceded to the Hague Convention in 2016, the apostille replaces the old diplomatic legalisation and simplifies the procedure. They usually also require a sworn translation.

Which exams do I have to pass?

As a general rule, the CCSE (constitutional and sociocultural knowledge) and the DELE A2 (basic level of Spanish) of the Instituto Cervantes, unless one is entitled to some exemption.

Notice: this guide is merely informative in nature and the regulations may change. Before starting any procedure, confirm the requirements and timeframes applicable to your case with official sources and, if possible, with professional advice.