Entra en vigor nuevo proceso de nacionalidad española por residencia

Entra en vigor nuevo proceso de nacionalidad española por residencia

Por Máchelin Díaz

Abogada

mache222@gmail.com

Es el tema del momento dentro de la comunidad jurídica dedicada al tema de extranjería. Y no es para menos. Este próximo 15 de octubre del 2015 entrará en vigor la Ley 19/2015 de 13 de julio de medidas de reforma administrativa en el ámbito de la Administración de Justicia y del Registro Civil, que entre otras materias, se refiere a la solicitud y trámite de nacionalidad por residencia.

La Disposición final séptima de la mencionada Ley, modifica sustancialmente el procedimiento que hasta ahora (y desde muchos años) se venía aplicando en los diferentes registros civiles, con sus matices, para la solicitud y proceso de la nacionalidad española por residencia.

Dicha disposición establece que “el procedimiento para la concesión de la nacionalidad española por residencia se regirá por lo dispuesto en el Código Civil, por lo previsto en esta disposición y en el reglamento que la desarrolle…”.

 

VER TAMBIÉN VÍDEO : Nuevo proceso Nacionalidad Española por residencia

Tramitación tendrá carácter electrónico

Dentro de las novedades que se aplicarán a partir de este próximo 15 de octubre cabe mencionar que la solicitud e instrucción de la nacionalidad se realizará de manera electrónica ante la Dirección General de los Registros y el Notariado.

Podríamos decir que el procedimiento de solicitud de nacionalidad por residencia da un giro radical, y pasa de ser un proceso de naturaleza mixta donde tenía una fase previa judicial ante el juez de Registro Civil, y una segunda fase administrativa en el momento en que dicho Registro enviaba el expediente ante la Dirección General de los Registros para su resolución.

Con el nuevo procedimiento pasa a ser de manera exclusiva administrativo, ya que no será necesario acudir ante el juez de Registro Civil, sino, que se tramitará de manera directa.  Así lo establece el numeral 2 de la mencionada disposición: “la tramitación del procedimiento tendrá carácter electrónico y su instrucción corresponderá a la Dirección General de los Registros y el Notariado. Todas las comunicaciones relativas a este procedimiento se efectuarán electrónicamente”.

 Necesidad de realizar pruebas para grado de integración

Otra de las novedades importantes que indica la cita Ley, es lo relativo a las pruebas para acreditar el suficiente grado de integración de los extranjeros en la sociedad española, en contraste con la famosa “entrevista” que se venía realizando de manera subjetiva, informal, aleatoria y antojadiza en algunos registros civiles y comisarías de Policía, y pasa a ser una prueba con carácter general.

De ahora en adelante, el solicitante de nacionalidad española deberá superar dos pruebas, una que acreditará tener conocimiento básico del idioma español, es decir, un nivel A2 (DELE) y una segunda prueba que consistirá en que el extranjero deberá  acreditar tener conocimiento sobre la Constitución española y de la realidad social y cultural de España (CCSE).

El Instituto de Cervantes es el centro a quien la Ley ha encomendado diseñar y administrar de conformidad con su reglamentación las pruebas. En el portal web de Instituto Cervantes se publican anualmente las fecha de las pruebas.

Tanto las pruebas del DELE como la CCSE constarán de unas 25 preguntas, y bastará responder correctamente a 15 de ellas, es decir el 60%,  para obtener la calificación de APTO.

Excepciones a pruebas de integración

Cabe destacar que dicha Ley establece excepciones para la superación de estas pruebas.  Con respeto a la prueba de la lengua española o DELE, los extranjeros que sean origen de países hispanohablantes donde el Español es el idioma oficial, NO necesitarán someterse a este examen. Para ser mas concretos, los extranjeros que provienen de una gran parte de los países iberoamericanos, y el caso de Guinea Ecuatorial en África, solo deberán someterse a la prueba sobre cuestiones constitucionales y realidad social y cultural de España (CCSE).

Otra excepción, para ambas pruebas, serán los menores de dieciocho años y las personas con capacidad modificada judicialmente.

Coste del procedimiento

Con el procedimiento en vigor que hasta ahora se venía aplicando de nacionalidad española no conllevaba coste alguno, salvo en el momento de solicitar el DNI o Pasaporte, una vez había sido concedida.

Con el nuevo proceso, la solicitud de la nacionalidad española conllevará un pago inicial de tasa de 100 euros, el cual no garantizará ningún resultado concreto. Dicha tasa será gestionada por el Ministerio de Justicia.

Otro coste que hay que destacar, aunque no lo establezca esta Ley, pero sí el Instituto Cervantes, es el de las pruebas. La prueba del DELE tendrá un coste de unos 120 euros, y la prueba del CCSE unos 85 euros.

Reglamentación del procedimiento

En  esta parte conclusiva de este artículo, cabe mencionar, que a fecha de hoy aun no se ha publicado el reglamento que ordena la Disposición final octava. Pero mientras tanto, se habilita al Ministerio de Justicia para dictar las disposiciones que sean necesarias para la ejecución de lo establecido.

Particularmente, considero, con independencia del coste del proceso, que este nuevo procedimiento desatacará, simplificará, y hará mas ágil y menos burocrático la resolución final. Eso sí, también considero que al ser un proceso novedoso, los solicitantes extranjeros podrán tener cierta confusión con la documentación y la presentación telemática, pero esto con la práctica, empezará a fluir con normalidad.

Continuaremos informando sobre la entrada e implementación de este nuevo proceso de nacionalidad española por residencia.

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