If you are Brazilian and legally reside in Spain, you can apply for Spanish nationality after only 2 years, compared to the 10 required for most foreigners. This is one of the main advantages of coming from an Ibero-American country. Here are the real requirements, step by step, the exams you will actually have to take, and the mistakes to avoid. This is explained by Rafaela Dias Pinheiro, a Brazilian lawyer in Madrid, who knows this path from both sides.
Can a Brazilian get Spanish nationality?
Yes. Any Brazilian with legal residency in Spain can apply for nationality by residence. The difference compared to other foreigners is in the time: you only need 2 years of legal and continuous residence, by being a national of an Ibero-American country (Article 22 of the Civil Code).
Why do Brazilians only need 2 years?
The general rule is 10 years of residency. However, the Civil Code reduces this period to 2 years for nationals of Ibero-American countries—Brazil among them—Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardic Jews. This is a recognition of the historical and cultural ties with Spain. For you, this means starting the process eight years earlier than a citizen from most countries.
What requirements do you have to meet?
In addition to the deadline, these requirements must be met:
- 2 years of legal, continuous, and immediately preceding residence prior to the application. It doesn't count if you lived here a long time ago and then left: the period counts just before you apply for it, and you cannot have been outside of Spain for long periods.
- Good civic conduct no relevant criminal record in Spain or Brazil.
- Sufficient degree of integration, which is proven with two exams from the Cervantes Institute (we'll explain it below).
- Complete documentation, translated and apostilled.
Do you have to take the Spanish exam (DELE)?
Yes, as a general rule, yes. And here's the mistake many Brazilians make: they believe that because Brazil is Ibero-American, they are exempt from the Spanish exam. It's not like that. The DELE exemption is only for nationals of countries where Spanish is an official language. Brazil speaks Portuguese, so a Brazilian applicant must typically prove their level with the DELE A2 (the above) of the Cervantes Institute.
They are two different exams:
- CCSE — Constitutional and sociocultural knowledge of Spain. Mandatory for all.
- DELE A2 Spanish Level. Mandatory for Brazilians, unless you have studied in Spain and can prove it, or have an exemption for a justified cause.
That you have a reduced deadline of 2 years does not exempt you from the exams: they are different things. The deadline is one thing; the exams, another.
Do you lose your Brazilian nationality if you become Spanish?
No. You can keep both. The Civil Code (art. 24) establishes that acquiring Spanish nationality does not cause you to lose your nationality of origin if you are Ibero-American. In the oath ceremony, you will have to «renounce» your previous nationality, but that renunciation is only in the eyes of the Spanish authorities: they do not withdraw your Brazilian passport, nor does Brazil take away your nationality. You continue to be Brazilian and, in addition, Spanish.
What documents from Brazil will you need?
The heaviest part is usually the paperwork, because your Brazilian documents have to arrive in Spain in good order:
- Birth certificate apostilled (Hague Apostille) and with Sworn translation to Spanish.
- Brazilian criminal record, also apostilled and translated.
- Certificate of registration and residence card in Spain.
Gathering them takes weeks, so it's best to start before they turn 2 years old.
What is the process, step-by-step?
- You have accumulated 2 years of legal and continuous residency.
- Do you approve of the CCSE and the DELE A2.
- Gather and legalize the documentation (apostille + sworn translation).
- You present the electronic request to the Ministry of Justice.
- The Ministry resolves (grant or denial).
- You swear or you promise fidelity to the King and obedience to the Constitution before the Civil Registry, and your new nationality is registered.
How much does it cost and how long does it take?
The process has a State administrative fee, and besides you pay the exam fees from the Instituto Cervantes (the DELE A2 exam costs around €138, according to Cervantes; confirm the current amounts before starting). The legal deadline for resolution is one year. Since the file is complete, although in practice it can be extended depending on the Ministry's workload.
Is it worth preparing before turning 2 years old?
Yes. The exams, the apostille of the documents from Brazil, and the review of your absences from the country take months. If you leave it until the day you turn 2 years old, you'll be wasting time. The ideal scenario is to plan it in advance to submit the application as soon as possible and without errors that could delay or reject it.
How does Islo Law Firm help you
In Islo Law Firm We accompany you throughout the entire process: we review if you meet the requirements, we prepare and legalize the documentation, we guide you with the exams, and we submit the application. Rafaela Dias Pinheiro is a lawyer and Brazilian: she assists you in Portuguese or Spanish and knows firsthand what this journey entails.
Consult your case with Rafaela
Frequently Asked Questions
Can a Brazilian have dual Spanish-Brazilian nationality?
Yes. Spanish law does not require Ibero-Americans to renounce their nationality of origin, and Brazil also does not revoke it. You keep both.
Do Brazilians have to take a Spanish exam?
As a general rule, yes, the DELE A2. The exemption is only for Spanish-speaking countries; since Brazil speaks Portuguese, Brazilians normally have to take it, in addition to the CCSE.
How long do you have to reside in Spain?
2 years of legal, continuous, and immediately preceding residence prior to the application.
Do I really have to give up being Brazilian?
No. The renunciation of the oath is purely formal, before the Spanish authorities. You keep your Brazilian nationality.
How long does the process take?
The legal deadline for resolution is one year from when the file is complete, although this can vary depending on the Ministry of Justice's workload.
This information is a general guide. Each case has its own particularities (absences, background, residency status), so it is advisable to review yours with a lawyer before submitting the application.
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