GENERAL

Coming to Spain with nationality in process: what you can and cannot do

By Equipo Emigra España Published: 6 min read
En resumen:
Important notice: Having a Spanish nationality application in progress is not a residence permit. It does not allow you to stay more than 90 days or work in Spain. Many people confuse this and end up in an irregular situation without even realizing it.

876,000 people submitted their application for Spanish nationality before the Law of Grandchildren closed in October 2025. If you're one of them, you probably have one question keeping you up at night: can I go to Spain while I wait?

The short answer is yes, but as a tourist. And that comes with very specific limits you need to know before you buy your ticket.

The most expensive mistake: confusing your application with a residence permit

What nobody tells you is that a Spanish nationality application gives you no special immigration status in Spain. While your application is being processed, you're a citizen of your home country. Full stop.

The most common trap: people who travel to Spain thinking that "since I'm practically Spanish already" they can stay indefinitely or look for work. After 90 days, they're in an irregular situation. And that can complicate the nationality process itself if you're caught in an inspection or check.

Even worse: some unscrupulous agents charge to "process residency" based on the nationality application. That has no legal basis whatsoever. Don't pay for something that doesn't exist in law.

Can you come to Spain while your application is being processed?

Yes, you can enter Spain while you wait for a decision. But it depends on your home country and how long you want to stay.

If you're from Argentina, Colombia, Mexico, Peru, Ecuador, Chile, Brazil or other Latin American countries with a visa-exemption agreement with Spain, you can enter without a visa and stay up to 90 days within any 180-day period. Once those 90 days are up, you have to leave. Your nationality application does not extend that deadline by a single day.

Can you do this while your application is being processed? Answer
Enter Spain as a tourist (up to 90 days) Yes, if your country has a visa-exemption agreement
Attend Civil Registry or consulate appointments Yes
Stay more than 90 days without another permit No
Work as an employee or self-employed No
Access public healthcare as a resident No (emergency care only)
Apply for residency benefits or allowances No
Register on the municipal census as a resident No, without another valid permit

The real status of your Law of Grandchildren application in 2026

The application window closed in October 2025 with 876,000 files registered. That's a historic figure that the Central Civil Registry will take years to work through.

If you submitted your application before the deadline and have an assigned appointment, that appointment is still valid. Don't miss it or let it slip. It's your place in a queue of hundreds of thousands of people, and missing it could mean months of delay.

If you've already submitted all your documentation and are waiting for a decision with no set date, you're in waiting mode. With this workload, timelines can range from 2 to 4 years for the most delayed applications. Those submitted earlier or with simpler documentation may be resolved sooner.

How to check the status of your application: Go to the Ministry of Justice's electronic office (sede.mjusticia.gob.es), under the "Nationality Applications" section. You'll need your application number. Check it regularly — notifications can arrive without prior warning.

If you want to live in Spain while you wait (and not just for 90 days)

If 90 days isn't enough and you want to stay in Spain continuously while your application is resolved, you need an independent residence authorization. Your nationality application does not cover this under any circumstances.

2026 extraordinary regularization — if you have been continuously present in Spain for at least 5 months before April 15, 2026, you can apply for this authorization before June 30, 2026. The fee is €38.28. It gives you 12 months of authorization to live and work legally. Call 060 to confirm you meet the requirements before the deadline closes.

Social arraigo — for people who have been continuously present in Spain for at least 2 years. You need to prove that presence with municipal registration and have a job offer. The fee is also €38.28.

Work visa — if you have a firm job offer, apply for the work visa from your home country before coming. It's the cleanest route: you arrive with authorization and don't have to regularize your status after entering.

If your decision comes through: what you need to do right away

The notification arrives. The decision is favorable. Take a deep breath. But you're still not Spanish for practical purposes, and the time you take to complete the next steps matters.

  • Oath or pledge of allegiance to the Spanish Constitution — this is the formal act that makes your nationality effective. Without it, the decision document means nothing on its own. If you're in Spain, it's done at the Civil Registry. If you're abroad, at the Spanish consulate in your country.
  • Registration in the Spanish Civil Registry — after the oath, your status as a Spanish national is formally recorded.
  • Spanish DNI (national ID) — at any National Police station, with the Civil Registry registration certificate.
  • Spanish passport — not urgent, but you'll need it to trav
Aviso: Este articulo es informativo y no constituye asesoramiento legal. La normativa puede cambiar. Consulta siempre fuentes oficiales y, si tu caso es complejo, busca un abogado de extranjeria.

ℹ️ La información de esta web es orientativa y de carácter general. No constituye asesoramiento jurídico. Para tu caso concreto, consulta con un abogado especializado en extranjería o con la oficina oficial correspondiente. Emigra España nunca aconseja actuar fuera de la legalidad.