Born and raised in Malaga, but told he wasn’t Spanish enough, the fight has finally paid off

A Benahavis councillor who spent his entire life on the Costa del Sol was frustrated when officials decided he hadn’t done quite enough to call Spain home. Weeks later, that decision has been overturned.

Strange rejection despite a lifetime in Spain

Scott Marshall, a councillor for the Partido Popular (PP), Spain’s main centre-right party, in Benahavis, was refused Spanish nationality by the Ministry of the Presidency, Justice and Relations with the Courts. Officials claimed he hadn’t shown sufficient integration into Spanish society, despite Marshall being born in Malaga and living there his whole life.

Missing paperwork was the sticking point. Marshall hadn’t submitted his DELE certificate (the Diploma of Spanish as a Foreign Language, the official exam usually required of non-native speakers), so officials said he’d failed to prove basic knowledge of the language. Ministers also argued he hadn’t demonstrated knowledge of Spain’s constitutional and sociocultural values, tested through a separate exam known as the CCSE, both standard requirements of the nationality process.

Anger over a Spanish exam for a native speaker

News of the refusal left Marshall furious. Son of a Scottish father, he described himself as “outraged” by the ruling, calling it “an absurdity”. His frustration mainly stemming from being asked to sit a language exam in his mother tongue, given Spanish is what he speaks daily and the language of his schooling.

Brexit sat behind his original application. Losing EU citizenship after the UK’s departure from the bloc was the main reason he’d sought Spanish nationality through residency. His father had obtained Spanish nationality 25 years earlier.

Ministry reverses course

Following an appeal, the story took a happier turn. Ministers reversed their original ruling and granted Marshall Spanish nationality, upholding his appeal and now considering his integration into Spanish society sufficiently proven. Verification that he held his Bachillerato (the Spanish equivalent of A-levels) before submitting his application settled the matter, with his file judged to contain all required documentation.

Paperwork still has to be finalised before the case is fully closed. Approval depends on Marshall completing formalities at the Registro Civil, Spain’s Civil Registry office, within 180 days. That includes swearing loyalty to the King and obedience to the Constitution and laws, plus renouncing his previous nationality where applicable.