Hello everybody, I have a slightly different situation and I was wondering if anybody could help me.

I am a US citizen and I arrived in Spain in September 2010 on a student visa, and in September 2010 I got a NIE-estudiante. I am participating in a program run through the gov that gives “becas” (grants) for native English speakers to be assistant English teachers (the auxiliares de conversaci?n program).

I have renewed my program, and I will at least be here for another academic year, and I also have the opportunity to renew it again after that.

I also have a right to Filipino citizenship because my parents were both Filipino citizens when I was born. Thus, I am eligible to get Filipino citizenship and I get this at the Filipino consulate in Los Angeles when I go home for vacation this summer.

I KNOW that there is the 2 year residency requirements for Filipino citizens. If I continue staying here in Spain with the NIE-estudiante, and then maybe go back to graduate school, or apply for a job, I will definitely be here for 2 or 3 years, or more. HOWEVER, am I even eligible to apply as a Filipino citizen for Spanish nationality and say I was living here all these years…? I am wondering because all my residency and my NIE was UNDER MY US CITIZENSHIP (not my Filipino citizenship.. my NIE says I am from the US). I am empadronamiento in Madrid but of course under my US Citizenship and I don’t think you can be empadronamiento under more than one citizenship…  What do you think? And I don’t think I can change my NIE to say I’m Filipino because I only got the NIE-estudiante and did the auxiliares de conversacion program because I am American (Filipinos are not eligible to participate in the auxiliares program).

And another question.. after 3 continuous years of having a NIE estudiante, I hear that it’s easier to convert it into a residency permit. However, do you first need a JOB OFFER/WORK CONTRACT before the end of the 3 years with the NIE estudiante?

Thank you

californiamadrilena, your stay as a student (estancia) in spain cannot be converted into a “residencia” after three years a student because you are receiving a grant from the spanish government.  if you come back on your own as a student and manage to renew it for 3 years and on your 4th year if you find an employer, who is eligible to hire you, then you can convert that into a residencia con permiso de trabajo. this residency is valid for a year, when you renew it you can renew it using your filipino passport instead of using your usa passport. if there is no gap between the student card and residence card, you can start your application for citizenship once you have your the renewed residency. processing right now in madrid takes 2.75 years from the time you submit the application to the time you swear allegiance to the king and the constitution.

dear aritz,

thank you for your response! you are very knowledgeable! a few more things…

1) you mentioned it takes nearly 3 years to complete the process… why does it take so long? what if during that time i become unemployed or something..will i then lose my residency rights since the nacionalidad process is still underway…?

2)and i keep hearing that someone needs a student nie for 3 years before it can be converted into residency. can you find an employer before the end of 3 years? or do employers need to pay more tasas/have a more difficult time if the person hasn’t had a nie for 3 years? also, what if you are working alongside having a student nie (practicas), does that change things?

3) you said that the estancia doesn’t count because it’s through a grant from the spanish government. if for my 3rd year in spain i have a student nie but i’m not studying (for instance, there is a program similar to auxiliares de conversacion but for private schools in madrid). will that be okay and count as “residency time”?

4) would there be any problem in renewing a work residency permiso if initially i used a us passport, and then later i used a filipino passport. wouldn’t they wonder/not like that i had 2 different citizenships?

muchisimas gracias!

californiamadrilena - 05 June 2011 01:22 AM

dear artiz,

thank you for your response! okay, another question, you mentioned it takes nearly 3 years to complete the process… why does it take so long? what if during that time i become unemployed or something..will i then lose my residency rights since the nacionalidad process is still underway…?

it takes that long because of the number of immigrants applying for citizenship in madrid province. it took my niece that long to be given the date for the swearing of allegiance. she was told to wait for another 3 months or so to get the reference for her spanish birth certificate.  when you apply for citizenship, it means you have accumulated 2 years legal residency.the important thing is, when you apply and when you get the appointment for the police interview, you are employed. after this time you can be working on and off but remember you have to be active in the social security at least six months a year and keep your residence card active, as a teacher of english you will manage, or even as domestic help if everything gets worse. once you have sworn allegiance. you are already a spanish citizen you only have to wait for the new birth certificate as if you were a newborn baby.

2)and i keep hearing that someone needs a student nie for 3 years before it can be converted into residency. can you find an employer before the end of 3 years? or do employers need to pay more tasas/have a more difficult time if the person hasn’t had a nie for 3 years? also, what if you are working alongside having a student nie (practicas), does that change things?

employers are required to submit documents that they are up to date with social security contributions and are solvent enough to hire you. student = student pr?cticas or full/ parttime/trainee/ whatever on a student card = student.

3) you said that the estancia doesn’t count because it’s through a grant from the spanish government. if for my 3rd year in spain i have a student nie but i’m not studying (for instance, there is a program similar to auxiliares de conversacion but for private schools in madrid). will that be okay and count as “residency time”?

you can only start counting 0 1 2 3 years when you are a student not enjoying any grant from the spanish government. on the 4th year you apply for residency if you find a willing and able employer.

4) would there be any problem in renewing a work residency permiso if initially i used a us passport, and then later i used a filipino passport. wouldn’t they wonder/not like that i had 2 different citizenships?

some people change citizenships and have multiple citizenships and they understand that, but they can only give you your residence card with citizenship you applied it with. so when you renew, you inform them that you are applying as filipino.