Good civic conduct, criminal records and tax compliance

Terms used

• AEAT — The AEAT is Spain's tax agency.
• Vida laboral — The vida laboral is an official Social Security report listing your periods of work and contributions in Spain.
• CCSE — The CCSE is the exam on the Spanish Constitution and Spanish culture and society.
• DELE A2 — The DELE A2 is the official Spanish language exam at basic level A2.

Key rules

• Whole residence period: Your conduct counts for all your years in Spain, not only on the filing date.
• Minor fines: Minor, isolated fines are usually tolerated, but serious or repeated ones can lead to refusal.
• Open cases: An open criminal case can delay or block a decision until the court rules.
• Tax and Social Security: Neither is a formal requirement, but known debts or fraud can count against you.

The ministry decides conduct case by case, so confirm how open cases, tax debts and Social Security debts apply to you with a lawyer or the office handling your file.

What "good civic conduct" means

You must show good civic conduct (buena conducta cívica) and enough integration into Spanish society. This applies to your whole time in Spain, not only the day you apply. There is no published list of banned offences. The Ministry of Justice checks Spanish and foreign criminal records and police information, then decides case by case.

Integration is shown mainly by passing the CCSE and the DELE A2 Spanish exam, where required. The checklist below covers booking them.

Criminal convictions

Serious or recent convictions generally lead to refusal. A conviction that has been cancelled (cancelación de antecedentes penales) is generally not held against you. Even so, the conduct behind it may still be looked at.

If you have any conviction, in Spain or abroad, take advice from a lawyer before you file. Find out whether the record is cancelled and get proof.

Open criminal cases

An open case can lead the ministry to suspend or refuse your application. In practice, the decision usually waits until the court has ruled. If you have an open case, ask a lawyer whether to wait before filing.

Fines

Administrative fines are not an automatic bar. Minor, isolated fines, such as a one-off parking or speeding ticket, are usually tolerated.

The risk grows with these:

• serious or repeated traffic offences, especially ones with criminal liability such as drink-driving
• serious immigration sanctions
• serious public-order sanctions

The ministry has discretion here, so the outcome can differ between applicants. List all your fines before you file.

Tax debts and unfiled returns

Tax compliance is not a formal requirement, and the file does not normally ask for proof of it. Even so, a known tax debt or unfiled returns can be raised and could be read as poor civic conduct. A serious tax offence (delito fiscal) would appear as a criminal conviction and count against you.

The simple fix is to file any missing returns and pay what you owe. Some applicants then add a certificate from the AEAT showing they are up to date.

Social Security debts and irregular work

Social Security is also not a formal requirement. A debt or a period of irregular work is not automatically a bar. A finding of serious contribution fraud, or a sanction for it, could weigh against you.

To show you are in order, use your work-life report (vida laboral) or a certificate of no debt. Settle any open contributions first.

What to do next

Use the checklist below to review your record before filing. The documents list shows what to request. If you were refused on conduct grounds, read the notice carefully and note the dates, because deadlines to challenge it are short.

Documents you need

• Certificate from the AEAT, Spain's tax agency, showing you are up to date with your tax returns and have no tax debt. It is not a formal requirement, but some applicants include it.

• Work-life report (vida laboral) from Social Security, or a certificate of no debt from Social Security, to show your contributions are up to date.

Check your conduct and compliance record before you file

Before you file

• Order a criminal record certificate from your country of origin and from every other country where you lived as an adult. Have it legalised or apostilled and translated, unless you are a refugee or in another exempt group.

• Check whether you have any Spanish criminal conviction, and find out whether the record has been cancelled (cancelación de antecedentes penales). A cancelled record is generally not held against you, but the conduct behind it can still be assessed.

• List any traffic, immigration or public-order fines from your years in Spain. Minor, isolated fines are usually tolerated. Serious or repeated ones, or anything involving drink-driving, can lead to refusal, so get legal advice first.

• Ask the AEAT, Spain's tax agency, for a certificate showing you are up to date with your tax returns and have no tax debt. Pay or file anything outstanding before you apply.

• Get your work-life report (vida laboral) or a certificate of no debt from Social Security, and settle any contribution debt.

• Book the CCSE exam on the Constitution and Spanish culture, and the DELE A2 Spanish exam unless you are from a Spanish-speaking country.

• Gather your identity and civil-status documents, and check with the office handling your file which documents it currently asks for.

• If you were refused on conduct grounds, read the notice and note the dates. You can ask the Ministry of Justice to reconsider within 1 month, or appeal to the Audiencia Nacional within 2 months. You can also reapply once the problem has been remedied.

What to watch out for

• Serious or recent convictions: There is no list of banned offences, but serious or recent convictions generally lead to refusal. If you have any conviction, take legal advice before filing and check whether the record has been cancelled.

• Open criminal proceedings: An open case can get your application suspended or refused, and an open investigation can delay the decision until the court rules. Wait for the outcome of the case before you file.

• Serious or repeated fines: Fines are not an automatic bar, but serious or repeated traffic offences, drink-driving, and serious immigration or public-order sanctions can lead to refusal. Keep a record of your fines and be ready to explain any that are serious or repeated.

• Social Security fraud: Debts or irregular work are not an automatic bar, but a serious contribution fraud finding or a sanction could count against your civic conduct. Settle any contribution debt and get a certificate of no debt before you file.

Frequently asked questions

Can I apply while a criminal case against me is still open?

You can file, but open criminal proceedings can lead to your application being suspended or refused. The usual practice is to wait for the outcome of the case.

Can a tax debt or unfiled return stop me getting nationality?

Tax compliance is not a formal requirement, but a known tax debt can be read as poor civic conduct. A serious tax offence would appear as a criminal conviction and count against you. Some applicants add a certificate from the tax agency showing they are up to date.

Do Social Security debts or irregular work block my application?

No, Social Security debts or irregular work are not an automatic bar to nationality.