PP councillor in Benahavís denied Spanish nationality: ‘I was born here’

The judgement was made on the basis that he “has not demonstrated a sufficient degree of integration into Spanish society”, despite being born in Malaga 51 years ago. It is also the province where he has spent his entire personal and professional life and where he has had two Spanish children.

“I was born here and have lived here all my life. It is incomprehensible that I have been denied citizenship,” says Marshall, whose father is Scottish - he holds British citizenship - and whose mother is American, in an interview with this newspaper in his office at the town hall, where he is currently serving his second consecutive term as councillor.

He was first elected seven years ago and currently heads the departments of tourism, immigration, communications, local development and new technology.

Marshall decided to apply for Spanish nationality by residence because of the United Kingdom’s withdrawal from the European Union, and the resulting impact this decision had on British nationals living in the province. He also wanted to give legal status to what had effectively been his situation since birth: his whole world was in Malaga.

“I did it partly because of Brexit. As I live here permanently and was born here, I decided to take the plunge. What’s more, my father, who has held Spanish nationality for 25 years, was urging me to do the same; he had no trouble at all obtaining it, despite being Scottish by birth,” he explains, adding that he lives in the province, pays his taxes here and finds it “much easier” to present a Spanish national identity card (DNI) rather than a Foreigner’s Identity Card (TIE) when asked for documentation.

In January 2024, Marshall submitted his application for Spanish nationality. In October last year, he received the government’s official response rejecting his application on the grounds that "he has not demonstrated a basic knowledge of the Spanish language by providing a certificate in Spanish as a foreign language (…) nor has he provided evidence of his knowledge of Spain’s historical, constitutional and socio-cultural values”, as stated in the decision to which SUR had access.

These reasons are ones that Marshall finds "incomprehensible", as he maintains that his personal, professional, family and social circumstances prove roots in Spain that "far exceed the legal minimum required, thereby refuting any allegation of a lack of integration".

To support his case, he presents documents demonstrating his involvement in Spanish society and his knowledge of the country’s social, economic and cultural environment, such as his birth certificate from El Limonar (Malaga) in 1975, the certificate issued by the regional government of Andalucia confirming that he completed his studies up to the COU at the IES Río Verde in Marbella; his marriage to a Spanish woman and his two children; his registration on the municipal census in Benahavís; his employment history, in which he has been registered as a business owner in the property sector since 1999 (having previously worked in the hospitality and hotel sector); and newspaper clippings and interviews in his capacity as a councillor for Benahavís, attesting to his fluency in Spanish.

In this regard, and on one of the most controversial points of the administrative rejection – namely, that he has not demonstrated a basic knowledge of the Spanish language – the councillor explains that he is not obliged to take the test to prove this knowledge because, he says, he has "completed all my formal education here”.

“So legally I wouldn’t even have to take the exam, but it seems they think I don’t speak Spanish or that I’m not sufficiently integrated,” he states, speaking in correct Castilian Spanish.

“I feel very Andalusian and I feel Spanish. Of course, I have a Scottish father and an American mother, but I was born here. When I watch a World Cup match, I support Spain. I feel I belong here,” he says, explaining that his sense of belonging is unequivocal and goes beyond what is written on paper.

Marshall says he feels “angry” because he is going through this whole process “in good faith” and regrets the obstacles being put in his way as he seeks Spanish nationality.

“You see other people being granted citizenship without any problems whatsoever, yet someone who has been here for 51 years, working since the age of 19, with Spanish children and a history of political involvement, is being put through these hurdles,” he says.

On this point, when asked whether there might be some political motivation because of his membership of the PP, he says: “I’m aware of that rumour, and I bear it very much in mind when I discuss it with colleagues and they say to me: "That’s because you’re in the PP." The truth is, if that’s the case, I find it shameful. They’ll think: "Well, as he’s right-wing, a member of the PP, and is applying for citizenship, we won’t grant it to him for some reason.”

Despite this administrative setback, the councillor of Benahavís is not giving up, and his legal team is considering lodging a judicial appeal to secure Spanish nationality. He is confident that the courts will rule in his favour and that he will be able to fulfil his dream of carrying a Spanish ID card bearing the name Scott Marshall.