From Tolentino Abogados, we would like to inform you accordingly of all aspects concerning the acquisition of the Spanish citizenship to Sephardic jews descendants; for that matter, we have at your disposal a complete quick guide with a summary of this new process.
We developed a review according with the DGRN Instruction, from September 29, on the implementation of Law 12/2015 of 24 June, on granting Spanish nationality to the Sephardic originating in Spain; that conforms to the practical procedure and what will be the analysis of your application. The main novelty of this new process is the possibility of requesting the whole procedure throughout an internet platform, set up specifically for this purpose.
Steps to follow:
Application. As we mentioned before, the procedure established in the Law is completely electronic, and it starts with a request thru the platform and it will be regulated by the Ministry of Justice.
What do you need to apply?
- Personal information (ID, birth certificates and others).
- Contact information.
- Information about the origin of your relatives.
- Information about the legal representative (in case of minors)
- To be in possession of a certificate DELE (A2 or superior). Not require for native Spanish-speaking countries.
- To have passed the CCSE test.
- These two certificates are MANDATORIES and the application won’t succeed if we don’t add the documents to the file.
Once we have these documents, we’ll need to attest the following:
- Demonstrate your Sephardic ancestry.
- The article 1.2 of the Law establishes several probative documents that will be evaluated as a whole by the authorized notary, who will attest the condition of sephardic descendant after checking the documentation. The Law doesn’t set an specific amount of documents to add to the application, but the fact they’ll be evaluated as a whole, suggest us we need to annex several documents. Also, it is not mentioned in the Law any obligation to deposit specific files, all those documents will have a probative attribute, meaning they’ll accept documents that attest your condition as a Sephardic descendant originated in Spain.
- Certificates. Certificates are issued by the President of the Permanent Commission of the Federation of Jewish Communities in Spain; President or analog position of the jewish community of the residence zone or native city of the interested, or competent rabbinic authority, legally recognized in the country of habitual residence of the applicant.
Certificates emitted by the president or analog position of the jewish community of the residence zone or native city of the interested, or competent rabbinic authority, legally recognized in the country of habitual residence of the applicant, when the certificate of the Federation of Jewish Communities of Spain are not annexed to the application.
In this case of issuing a certificate by the president or analog position of the jewish community of the residence zone or native city of the interested, or competent rabbinic authority, legally recognized in the country of habitual residence, in order to accredit their suitability, you’ll have to deposit the following documents:- Copy of the bylaws of the foreign religious entity. It won’t be need a full copy, suffice with a partial copy in which, in addition to the data identifying the document itself, reports about the incorporation, functioning and form of representation;
- Certificate of the foreign entity containing the names of those who have been appointed as legal representatives;
- Certificate or proof that the foreign entity is legally recognized in their country of origin;
- Certificate issued by the legal representative of the company attesting that the signatory holds rabbi, effective and currently, such a condition as to the requirements of their statutes.
- Other documents that can be provided to prove your condition of Sephardic descendant.
- The use of the Ladino language;
- Certification by a competent body or membership of the surnames of the applicant to Sephardic lineage of Spanish origin.
- Reasoned report issued by an entity with sufficient attributions, attesting the family genealogy or to have their names come from the Sephardic Jews who were expelled from the kingdoms of Castile, Aragon and Navarra or forced to convert to Christianity, since 1492.
- You’d also need to justify the variations that the surnames have suffered as a result of the influence of their own languages or languages of the places where the Sephardic communities settled after their expulsion from Spain.
- As for the birth certificate or the “ketubah” or marriage contract after the tradition of Castile, should be provided accompanied by a certificate of the President or analog position of the Jewish community or rabbinical authority in the area of residence, proving their validity.
- Attest a special link with Spain.
- The Law requires all applicants to demonstrate an entailment with Spain. The applicant has to prove any connection, past or future, with spanish people, groups, institutions or State. There are many circumstances you could prove, in order to demonstrate this requirement, for example:
- Being married to a Spanish national,
- Prove kinship in direct line with a Spanish national,
- Hold shares in a Spanish company,
- To have a home or other property in Spain,
- Have studied in college in any Spanish city,
- Having/had a work contract in Spain,
- Being a sponsor of Spanish institutions to develop charitable, scientific or cultural activities, or to make donations to Spanish charities,
- Live or have lived in Spain for at least six months,
- Having taught courses of different nature in Spain,
- Having children enrolled in Spanish schools,
- Being a member of a cultural center abroad Spain or any Spanish club of various kinds (sports, cultural …). The evidence of linkage to Spain will also be assessed as a whole by the authorizing notary certifying that linkage.
- The Law requires all applicants to demonstrate an entailment with Spain. The applicant has to prove any connection, past or future, with spanish people, groups, institutions or State. There are many circumstances you could prove, in order to demonstrate this requirement, for example:
Once attached all the documentation proof required above, which must be legalized, apostilled and translated to Spanish (in case it is needed), and present it to the Sephardic Jewish Federation of Spain (if applicable). Once certified your Sephardic ancestry and sufficient links with Spain, you will be presented before a notary to be evaluated and certify the linkages you presented and then, grant you Spanish citizenship if you meet all the requirements.
Tolentino Abogados de Extranjería 2015
