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FAQ

Frequently Asked Questions

We've organized the most frequently asked questions into categories so you can find the answers to all your questions more quickly.

Explore the questions

What are the main ways to obtain Spanish citizenship?

There are several paths to citizenship in Spain: by residency, origin, option, or birth. Each one has specific requirements depending on your personal and family circumstances. We analyze your profile and determine which route best applies to your case.

It’s the most common route for foreigners who have legally lived in Spain for a continuous period, generally 10 years. However, the period can be reduced to 5, 2, or even 1 year for certain nationalities or circumstances.
Citizens of Latin American countries, Portugal, Andorra, the Philippines, Equatorial Guinea, and Sephardic descendants can apply after 2 years of legal residence in Spain.

You may apply after 1 year if:

  • You were born in Spain.
  • You are married to a Spanish citizen.
  • You are a widow/widower of a Spanish citizen.
  • You have a Spanish parent or grandparent originally born in Spain.
It applies to people who were born to Spanish parents or have Spanish ancestry. It can also include children of Spaniards born abroad who wish to recover their nationality.
It’s a simplified way of obtaining Spanish nationality for individuals who were under 18 years old and legally dependent on a Spanish citizen (for example, children adopted by Spaniards or those whose parents obtained Spanish nationality).

You will typically need:

  • Passport and residence card.
  • Certificate of residence in Spain.
  • Criminal record certificates (from Spain and your country of origin).
  • Birth certificate.
  • Marriage or family certificates (if applicable).
  • Proof of integration (DELE and CCSE exams).
    Our team helps you gather and legalize all necessary documents.

Yes. Most applicants must pass two tests administered by the Cervantes Institute:

  • The DELE A2 (Spanish language test).
  • The CCSE (constitutional and cultural knowledge test).
    Illay Legal helps you prepare and register for both.
It depends on your country of origin. Spain allows dual nationality with many Latin American countries, as well as Portugal, Andorra, the Philippines, and Equatorial Guinea. If your country doesn’t have an agreement with Spain, you may be required to renounce your original nationality.
The administration has up to 12 months to issue a decision, but delays are common. Our team closely monitors the process, submits updates, and files appeals if there are long waiting periods.
Each family member must apply individually, but we can coordinate all the applications together to simplify the process for spouses and children.
If your application is denied, Illay Legal analyzes the reason for refusal and prepares a reconsideration or administrative appeal to defend your case. Many rejections can be successfully overturned with proper legal support.
Yes. You must renew your residence permit normally until you receive your citizenship resolution and are officially naturalized.
  • Full EU citizenship (free movement and work in all EU/EEA countries).
  • Access to the Schengen Area without visas.
  • Right to vote and access to public services as any other Spaniard.
  • Greater ease in business, property, and travel procedures.
    • We handle everything from start to finish: eligibility assessment, document preparation, translations, online submission, test registration, and legal follow-up. Our goal is to make your citizenship process clear, efficient, and stress-free.

    What types of residence permits are there in Spain?

    In Spain, there are different permits depending on your situation: residence for work, as an employee or self-employed person; non-lucrative residence (for those who wish to live without working); family reunification residence; long-term residence; special permits depending on your country of origin or objective. We analyze your case and advise you on the most suitable option.
    It depends on the type of permit, your country of origin, the competent authority, and their workload. In some cases, it can take between 1 and 3 months; in others, longer. We continuously monitor the process to minimize unnecessary delays and keep you informed at every stage.
    Some permits allow you to work (residence + work), others do not (non-lucrative residence). If your permit does not include a work permit, we can help you apply for a change of status to obtain the right to work legally.
    Yes, through the family reunification mechanism, you can bring your spouse, minor children, and ascendants under certain conditions. Each case requires specific requirements to be met (minimum income, health insurance, adequate housing). We accompany you throughout the process.
    It is essential to apply for renewal before it expires. If you do not, you may find yourself in an irregular situation or lose benefits. For many permits, renewal must be done in advance.
    A digital nomad visa is an authorization for people who work remotely for foreign companies while living in Spain. Not all nationalities are eligible, and there are requirements regarding income, contract, insurance, and the legitimacy of your activity. We analyze whether you meet the requirements and handle everything for you.
    You must work remotely for a foreign company or be self-employed with clients outside Spain, prove a minimum income, have a stable contract or activity, and have medical insurance. Our team evaluates your profile, reviews contracts, and prepares all the documentation so that there are no surprises.
    Yes, in many cases it is possible to switch from a student residence permit to a work or internship permit. This allows you to remain in Spain once you have completed your studies. We help you plan the transition so that you do not lose your legal status.
    It is a special permit for highly qualified professionals who want to work in Spain. It requires an employment contract, university degree, or proven experience. It offers mobility advantages and access to other EU countries.

    What are the steps to set up a company in Spain?

    First, we define the legal form (SL, S.A., branch, subsidiary), capital structure and shareholders, location, opening a bank account, obtaining a tax identification number (NIF), drafting articles of association, certifications, registration in the commercial register, licenses according to activity.
    You can choose between subsidiaries, local offices, branches, partnerships, and joint ventures. Each option has different tax, operational, and legal advantages depending on location, local regulations, and international agreements.
    In many cases, thanks to tax treaties and European directives (such as the Group Companies Directive), there are mechanisms to avoid excessive withholding taxes or costly repatriations. However, legal planning is required.
    Yes, there are residence and work permits for foreign workers hired by Spanish companies or foreigners who hire staff. The process requires demonstrating the need, meeting labor market requirements, work permits, and others. We carry out the entire integrated corporate and immigration process.
    Foreigners who want to develop an innovative project with economic impact in Spain can apply. Normally, the project is evaluated based on whether it is technological, scientific, or creates quality employment. Illay Legal helps you design your business plan and submit it to the relevant authorities so that it complies with legal requirements.

    Who needs to pay taxes in Spain?

    Anyone who is considered a tax resident in Spain must declare and pay taxes on their worldwide income. You are usually considered a resident for tax purposes if you spend more than 183 days per year in Spain or if your main professional or economic interests are based here.
    A tax resident pays taxes in Spain on all global income, while a non-resident only pays tax on income earned within Spain (such as rent, salary, or investment income).
    Spain applies a progressive tax system: the more you earn, the higher your tax rate. The general rates range between 19% and 47%, depending on your income level and region of residence.
    Yes, if you live or earn income in Spain, you may have to file an annual tax return (IRPF or Non-Resident Tax). Even if you’re new to Spain, our team ensures you comply with your obligations and take advantage of available deductions.
    The Beckham Law is a special tax regime for professionals and entrepreneurs who move to Spain. It allows you to pay a flat 24% tax rate on your Spanish income (up to €600,000) and exclude most foreign income for up to six years.
    Yes. Spain has double taxation agreements with most countries to prevent you from being taxed twice on the same income. We review your international situation and structure your tax filings to minimize overpayment.
    Freelancers must pay:
    • IRPF (income tax) based on earnings.
    • VAT (IVA) on invoices if applicable.
    Social security contributions. Illay Legal takes care of registrations, filings, and quarterly tax reports so you can focus on your business.
    Companies generally pay a 25% corporate income tax (Impuesto de Sociedades), plus VAT (IVA) and employee-related taxes if they hire staff. We offer full tax management for both Spanish and international structures.
    Crypto gains, dividends, and capital investments are taxable. We help you declare them correctly and stay compliant with Spanish and EU regulations, while optimizing your tax position.
    Yes, Spain has Wealth Tax (Impuesto sobre el Patrimonio) and Property Tax (IBI) for assets located in Spain. These depend on your residency status and the region where your assets are held.
    The Spanish tax year runs from January 1 to December 31, and personal income tax returns are usually filed between April and June of the following year. Our team notifies you of deadlines and handles submissions on your behalf.
    It depends on your arrival date and when you became a tax resident. We review your case to determine your obligations and whether you qualify for any newcomer tax benefits.
    Yes, Spanish residents must report foreign assets exceeding €50,000 using Modelo 720. It’s essential for tax transparency and avoiding penalties. We help you prepare it safely and accurately.
    Yes, we act as your authorized representatives before Hacienda (the Spanish Tax Agency), handling all communications, notifications, and audits on your behalf.

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