Obtaining Spanish citizenship can bring a mix of emotions, from initial excitement to uncertainty if your application takes longer than expected. One term that often raises questions for applicants is “under review”, a stage in the process that can drag on and become complicated by unexpected delays.

In this situation, a critical decision arises: is it advisable to bring judicial review proceedings to speed up a decision on your Spanish citizenship application? Below, we explore the different aspects of this decision to help applicants make the best choice.

What does it mean when a citizenship application is under review?

The “under review” stage is the period during which the Ministry of Justice examines citizenship applications and decides whether they should be approved. During this time, the authorities assess whether the applicant meets all the requirements for Spanish citizenship. Although this is a step towards approval, the stage can drag on indefinitely, causing concern among applicants.

This status indicates that the applicant’s application has already been checked for the required documents and information and is now in the final stage of analysis before the authorities make a decision. In theory, this should be one of the last steps before a decision is issued.

However, in reality, the volume of applications and the authorities’ limited processing capacity can cause this stage to last a considerable time, leaving applicants in legal and personal limbo.

How long does a citizenship application remain under review?

The review stage can vary significantly in length depending on several factors, including the Ministry of Justice’s workload and the complexity of the application. Although the law sets theoretical time limits, these are often exceeded.

Applicants often face waits ranging from several months to years, creating uncertainty and potentially affecting long-term plans, such as work or family decisions. Applicants should be prepared for possible delays and consider their options, such as bringing judicial review proceedings, if the wait becomes excessive.

The maximum period for a Spanish citizenship application to remain under review should be one year, according to the Civil Code. In practice, however, this period is often exceeded, leading many people to question whether they should take further legal action.

Is it advisable to seek judicial review if my application is under review?

After a prolonged wait, many people wonder whether they should bring judicial review proceedings because of the lack of a response on their Spanish citizenship application. This decision should not be taken lightly, as it involves bringing court proceedings before the National Court.

Judicial review is advisable when the maximum decision period has passed without any response. However, before choosing this route, it is recommended that you exhaust all administrative options, including submitting a request for information about the application status.

It is essential to consider the risks and costs associated with judicial review, as well as the possibility that court involvement may not significantly speed up the decision. You should also seek advice from a lawyer who specialises in administrative and nationality law.

When can you bring a judicial review claim concerning Spanish citizenship?

Spanish law provides that you can bring a judicial review claim once administrative remedies have been exhausted or where administrative silence occurs—that is, when no response has been received within the legally established period, which is generally one year from the date the application was submitted.

The process begins by filing a preliminary document with the Audiencia Nacional (National Court), followed by the formal filing of the claim. This step must be completed within the time limits set by law, which is crucial to the claim being admissible.

Because this is a more complex and formal legal process, you must be represented by a lawyer and a procurador (court representative). Choosing a professional with experience in this area is therefore crucial.

What are the risks of bringing a judicial review claim concerning Spanish citizenship?

As with any legal proceeding, there are inherent risks in bringing a judicial review claim. These may include the cost of the proceedings, which covers not only court fees but also the lawyer’s and procurador’s fees.

There is also a possibility that the claim will not be decided in the applicant’s favour. In that case, they would be in the same position as before, but would have spent additional time and money. You should also consider the emotional strain and stress that judicial proceedings can involve.

On the other hand, if the claim is successful, it may speed up the process and lead to Spanish citizenship being granted. It is therefore essential to weigh the pros and cons before deciding to take this route.

How does the judicial review procedure for Spanish citizenship work?

The judicial review procedure begins with the filing of a preliminary document, followed by the claim once it has been admitted for consideration. Evidence is submitted and the relevant legal arguments are put forward throughout the proceedings. The final decision is issued by the Audiencia Nacional and may be favourable to the applicant, speeding up the citizenship process, or unfavourable.

It is essential to understand that this procedure does not guarantee a successful outcome and may take a long time, depending on the complexity of the case and the court’s workload. It should therefore be approached with caution and appropriate legal advice.

In any event, if the applicant chooses this route, they should make sure they have a copy of the entire case file and the documents initially submitted, together with any additional evidence supporting the grant of citizenship.

Related questions about whether to bring a judicial review claim concerning Spanish citizenship

How long does it take to decide a judicial review claim concerning citizenship?

The time it takes to decide a judicial review claim can vary considerably,
but the process generally takes between 6 months and several years. Factors such as the complexity of the case and the backlog of cases at the Audiencia Nacional may affect how long the process takes.

It is important to bear in mind that, although the claim may seem like a quick way to resolve a prolonged period in the decision stage, it can in fact become a lengthy and tedious procedure.

What does it mean when a citizenship application is under review?

As mentioned above, an application under review is being assessed by the Ministry of Justice. It has passed the initial document review stage and is now at the final decision stage.

This period is crucial because all the requirements for granting citizenship are checked at this point. Therefore, the status “under review” means that the applicant’s application is complete and is only awaiting a decision.

How much does a judicial review claim concerning Spanish citizenship cost?

The costs of a judicial review claim can vary. In addition to court fees, which are around 200 euros, you also need to factor in the lawyer’s and procurador’s fees. In total, the proceedings may cost between 1.500 and 3.000 euros, depending on the complexity of the case and the experience of the professional you hire.

This can be a considerable investment, so it is essential to assess whether the likelihood of speeding up the citizenship process justifies the expense.

How do you bring a judicial review claim concerning Spanish citizenship?

You must have the assistance of a lawyer and a procurador to bring a judicial review claim. The first step is to file a preliminary document with the Audiencia Nacional to notify it of your intention to challenge the matter. A formal claim is then filed, together with the arguments and evidence supporting the citizenship application.

Each step must be taken in accordance with the deadlines and procedures established by law, which underscores the importance of having proper legal representation. The lawyer will guide the applicant through every stage of the process, maximising the chances of obtaining a positive decision.

To provide some practical context, we have included a video offering a detailed explanation of this topic.

In summary, a Spanish citizenship application under review can be a lengthy and challenging stage for many applicants. Considering a judicial review before the administrative courts may be a viable option for some, but each case should be carefully assessed and discussed with experienced professionals before making a decision. This is the only way applicants can choose the course of action best suited to their circumstances and move closer to their goal of becoming Spanish citizens.