Recently, the General Sub-directorate of Nationality and Civil Status, under the Ministry of Justice, has published a Warning on requests for exemption from the Instituto Cervantes tests. In it, it is reported that the exemptions from taking the DELE and CCSE tests of the Instituto Cervantes must have been expressly granted before starting the application procedure for Spanish nationality by residence.
The announcement states the following:
Section 5 of article 10 of Order JUS/1625/2016, of September 30, on the processing of procedures for granting Spanish nationality by residence, in the wording given by Order JUS/1018/2022, of 24 of October (BOE of October 28), establishes that the request for exemption from the Instituto Cervantes tests must be made prior to the application for Spanish nationality by residence, so that the application for Spanish nationality by residence cannot be initiated until the waiver request has been resolved, expressly or presumably, with the exception of the waiver request for those who have been enrolled in Spain and have completed compulsory secondary education. Said waiver request must be resolved within a maximum period of 6 months.
The order also establishes that if the application for nationality by residence has been submitted at the same time as the application for dispensation, the application for nationality by residence will be filed through the corresponding resolution, which will put an end to the administrative process.
Consequently, from the date of entry into force of Order JUS/1018/2022, of October 24, which took place on October 29, 2022, any application for Spanish nationality by residence will be filed until has expressly or presumably resolved the waiver request.
Those people who do not know how to read and write or have learning difficulties may request the dispensation of these tests from the Ministry of Justice which, in view of the particular circumstances and the evidence provided, will make a reasoned decision. In the event of having been educated in Spain and having passed compulsory secondary education, it will be understood that you are exempt from the requirement of taking the DELE and CCSE tests.
