A BRITISH-BORN Costa del Sol councillor has finally won his battle to become Spanish after the government bizarrely rejected his application – despite him being born and raised in Spain.
Scott Marshall, 51, a Partido Popular councillor in Benahavis, Malaga, was initially refused nationality because officials said he had failed to prove a basic knowledge of Spanish and Spain’s history, constitution and culture.
The Ministry of Justice has now reversed its decision following an administrative appeal from Marshall, who was born in Malaga and has spent his entire life in the province.
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The son of a Scottish father and an American mother, Marshall was given a British passport after his birth.
However, he completed his schooling in Spain, has two Spanish children and speaks Spanish without an accent, according to reports.
He has also served as a councillor in Benahavis since 2019, overseeing tourism, immigration, communications, local development and new technology.
Despite this, his original application was rejected because he had not provided an official Spanish-language certificate.
The ministry also insisted he had not completed an exam known as CCSE, which tests candidates on their knowledge of Spain.
Marshall, however, argued that his Spanish education meant he should not have been required to sit the exams.
The ministry of justice has now agreed, concluding that his Spanish schooling was enough to prove his integration into Spanish society.
The ruling also noted his period of legal residence in Spain and his good civic conduct.
“Common sense has prevailed,” Marshall told Diario SUR after receiving the decision.
The lengthy saga began when Marshall submitted his application in January 2024.
He said he was prompted to apply partly by Brexit, which left British nationals living in Spain with different rights after the UK left the EU.
Despite never having lived in Britain, he was even required to obtain a British criminal-record certificate as part of the process.
He now says he is ‘pleased’ to finally be on his way to receiving a Spanish identity card and passport – and to gain the right to vote in regional and general elections.
He now has 180 days to swear allegiance to the King and pledge obedience to the Spanish Constitution and laws.
Marshall added that he plans to visit a notary next week to speed up the final stage of the process.
The original refusal had caused widespread controversy and even made national headlines.
Marshall said he suffered ‘unpleasant’ incidents on social media and clashed with former Andalucian president Susana Diaz, who had argued he needed to provide a Spanish-language certificate.
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