GRANTING OF SPANISH NATIONALITY TO SEPHARDIC JEWS

GRANTING OF SPANISH NATIONALITY TO SEPHARDIC JEWS

On 24 June, HM the King sanctioned and enacted Act 12/2015, which had previously been approved by the Spanish Parliament on the 11 of the same month, on matters related to granting Spanish nationality to Sephardic Jews of Spanish origin.

On 25 June the text of the provision was published in the Official State Gazette (B.O.E.), which may be consulted in the attached pdf file.

Act 12/2015 must be developed by regulation, which corresponds to the Ministry of Justice. Therefore, notwithstanding any further ancillary information, some of the principal features of the contents of this Act should be emphasied:

As of its effective date on 1 October and initially during a term of three years, Sephardic Jews acquire the Spanish nationality without being obliged to renounce their previous nationality and without legal residence in Spain being required.

The applicants shall certify their status as Sephardic Jews born in Spain and their special connection with our country. The evidence to certify both requirements shall be reviewed as a whole

Among the supporting documentation of the status of Sephardic Jews of Spanish origin, the certificate issued by the President of the Permanent Committee of the Jewish Community Federation in Spain is particularly significant.

For certifying the special connection with Spain, among other requirements, the applicants shall be required to pass two examinations managed by the Instituto Cervantes in order to evaluate their knowledge of the Spanish language, the Constitution, the culture and social reality. The applicants from Spanish-speaking countries shall be exempted from the language test.

The procedure shall start with a request of the applicant filed online to the Spanish Directorate General of Registries and Notary Publics (Dirección General de los Registros y del Notariado) and shall end with the relevant registration with the Civil Registry of the birth place.

  • The new Act eliminates the need to renounce their previous nationality (modification of Article 23 of the Civil Code).
  • Moreover, it provides for the Spanish nationality by naturalization card.
  • This way, the new Act simplifies the access by Sephardic Jews to the Spanish nationality as an act of recognition of their loyalty and connections to Spain.

At present, Sephardic Jews may acquire the Spanish nationality in two ways:

A) Nationality by two-year residence (privileged term of Article 22 of the Civil Code).

B) Nationality by naturalization card discretionally granted by the Government to such Sephardic Jews under exceptional circumstances.

The new Act eliminates in all cases the need to renounce their previous nationality (modification of Article 23 CC).

Furthermore, the Act sets out a specific and simplified mechanism to acquire Spanish nationality by naturalization card, for considering that two exceptional circumstances concur in Sephardic Jews of Spanish origin, beyond their place of residence, ideology, belief or religion:

  1. 1. Their Spanish origin
  2. 2. Their special connection with Spain held in time.

The Act establishes a three-year term for application, renewable for another year under the decision of the Council of Ministers and a specific procedure to certify the two aforementioned requirements and request the nationality.


NATIONALITY BY NATURALIZATION CARD

REQUIREMENTS:

  1. To be Sephardic Jew of Spanish origin
  2. To have a special connection with Spain

  1. To be a Sephardic Jew born in Spain: Means of evidence


a) Sephardic Jew status and Born in Spain

To be Sephardic Jew and born in Spain is a double requirement, since in the Jewish world and particularly in Israel, the word “Sephardic Jew” is frequently used to refer to Jews who had nothing to do with the expulsion in 1492 or the Iberian Peninsula. The word “Sephardic Jew” is used to encompass all Jews who are not “Askenazi” (Central European origin), so that Eastern Jews are also included (Syrians, Persians, Armenians, Yemenis and even those of India). This widespread use of the word “Sephardic Jew” is due to similarities in the use of the Hebrew language or the religious rites.

Both elements must be proven.

b) Means of Evidence

These means of evidence are subject to the principle of “free appraisal” or “overall appraisal”.

  • a) Certificate issued by the President of the Permanent Committee of the Jewish Community Federation in Spain.
  • b) Certificate issued by the President or person with an analogous position of the Jewish community of the area of residence or home town of the applicant.
  • c) Certificate of the competent rabbinical authority legally recognized in the current country of residence of the applicant.

The applicant may also include a certificate issued by the President of the Permanent Committee of the Jewish Community Federation in Spain guaranteeing the authority of the issuing person. Alternatively, in order to certify the suitability of the aforementioned documents in subdivisions b) and c), the applicant shall submit:

1º. Copy of the original Bylaws of the foreign religious entity.

2º. Certificate of the foreign entity containing the names of the persons appointed as legal representatives.

3º. Certificate or document certifying that the foreign entity is legally recognised in its country of origin.

4º. Certificate issued by the legal representative of the entity certifying that the signatory rabbi effectively and currently holds such condition pursuant to the requirements set out in its Bylaws.

Furthermore, the aforementioned documents, except for the certificate issued by the President of the Permanent Committee of the Jewish Community Federation in Spain, shall be duly authorized and, where relevant, translated into Spanish by an sworn translator and apostilled with the Hague Apostille or stamped with the relevant legalisation stamp.

  • d) Certification of the use of Ladino or “Haketia” as the family language or other signs proving applicants follow the traditions to such community.
  • e) Birth certificate or the “Ketubah” or marriage certificate declaring their marriage was celebrated in accordance with the Castilian tradition.
  • f) Reasoned report issued by the sufficiently competent entity certifying the applicants’ surnames belong to the Sephardic lineage of Spanish origin.
  • g) Any other circumstances proving in a certifying manner their status as Sephardic Jews of Spanish origin.

2. To have a special connection with Spain: Means of Evidence

The Act establishes two ways of certification.

2.1. A predetermined procedure: Objective evidence that shall be managed by Instituto Cervantes and which shall evaluate the level of knowledge and assimilation of the social and cultural reality of Spain, as well as the knowledge of the Spanish Constitution. Additionally, Spanish-speaking applicants shall pass a Spanish language test (DELE level A2, or higher) (art. 1. 4)

2.2. A second more open procedure, in which flexible means are used to certify such connection (art. 1.3rd):

  • a) Certificates of studies of the Spanish history and culture issued by official or private officially recognised institutions.
  • b) Certification of knowledge of the Ladino language or “Haketia”.
  • c) Inclusion of the applicant or their paternal ancestry in the lists of Sephardic families protected by Spain referred to, in relation to Egypt and Greece, by Decree-Law of 29 December 1948 or any other persons who obtained their naturalization under the special way established in Royal Decree of 20 December 1924.
  • d) Blood relationship of the applicant with any of the persons mentioned in subdivision c) above.
  • e) Undertaking of charitable, cultural or economic activities in favour of Spanish people or institutions or in the Spanish territory, as well as those developed to support institutions aimed at studying, preserving and dissemination the Sephardic culture.
  • f) Any other circumstance that proves in a certifying manner an applicant’s special connection with Spain.

PROCEDURE

The procedure broadly consists of five stages (Article 2):

  1. Request under the online procedure publicly available as of 1 October 2015, the effective date of the Act, and for a term of three years, renewable for another year.
  2. Legalisation before a Notary Public in Spain. The applicant shall appear in the presence of a Notary Public in Spain – never abroad -. In the event of children under 18 or modified legal capacity, this procedure may be carried out by their legal representative (voluntary representation is not permitted).
  3. Decision by the Spanish Directorate General of Registries and Notary Publics, after the mandatory reports (the administrative silence within a term of one year implies refusal).
  4. Birth and nationality oath and registration.
  5. If the decision issued by the Spanish Directorate General of Registries and Notary Publics is positive, the procedure is completed with the appearance of the applicant before the Civil Registry of their place of residence, which in most cases shall be the Consular Registry, to make the registration request, file the updated criminal records certificate and swear or promise, pursuant to Article 23 of the Civil Code. The term to fulfil these requirements is of one year.

PRACTICAL GUIDE FOR SEPHARDIC JEWS OF SPANISH ORIGIN WHO APPLY FOR SPANISH NATIONALITY
(ACT 12/2015, OF 24 JUNE)