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FORMALITIES
Spanish nationality
How to get it
Nationality by Residence
Nationality by residence
Spanish nationality gives you the freedom to live and work in any country in the European Union, gives you the right to vote and, most crucially, allows you to reside indefinitely in Spain.
Obtaining Spanish nationality by residence involves obtaining Spanish citizenship as a result of having legally resided in Spain for a specific period of time.
The general rule establishes that any foreigner who has resided continuously in Spain with a residence permit for 10 years can opt for Spanish nationality by residence.
However, there are exceptions that allow a faster process in certain cases:
- Legal residence, continuous residence prior to applying for nationality in Spain for a period of 5 years in the case of being a legal refugee.
- Legal residence, continuous residence prior to applying for nationality in Spain for a period of 2 years in the case of being a national of an Ibero-American or Sephardic country, Andorra, the Philippines, Equatorial Guinea or Portugal.
- Having been born in the country and not having opted at the time to obtain nationality, in the event of having been legally subject to guardianship, custody or shelter of a Spanish citizen or institution for 2 years.
- Be married for at least 1 year or cohabit with a Spanish person without separation at the time of application.
- Being widowed of a Spanish citizen without having been separated at the death of the spouse.
- Having been born outside the country and having originally been the father or mother, grandfather or grandmother, Spanish.
These exceptions offer faster pathways to citizenship by providing a variety of options based on specific circumstances.
Nationality by Choice
Nationality by Choice
If your parents were Spanish by origin, you also have the possibility of obtaining Spanish citizenship, as long as you meet the established requirements. In this case, you must be under 18 years of age to be eligible for the application.
They will also have the right to acquire Spanish Nationality in this way:
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Those Persons who are or have been subject to the Parental Power of a Spaniard.
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Those Persons whose determination of filiation (determination of filiation means establishing who the Parents of a Person are) or birth in Spain occurs after eighteen years of age. In this case, the period to apply for Nationality is two years from the date the parentage or birth is determined.
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Those Persons whose adoption by Spaniards occurs after the age of eighteen. In this case, the right to choose exists until a period of two years has elapsed from the constitution of the adoption.
Nationality by Law 20/2022 of Democratic Memory
Nationality by Law 20/2022 of Democratic Memory
Law 20/2022 on Democratic Memory in Spain, approved in 2022, includes provisions that facilitate the acquisition of Spanish nationality for certain groups of people.
- Those born outside of Spain whose father or mother, grandfather or grandmother are or have originally been Spanish.
- Those born outside of Spain whose father or mother, grandfather or grandmother had lost or renounced Spanish nationality due to exile.
- Those born outside Spain to Spanish women who lost their Spanish nationality by marrying a foreign citizen before the entry into force of the 1978 Constitution.
- The sons and daughters of those who opted for Spanish nationality under the Historical Memory Law 52/2007 or under this Law 20/2022.
- People who, being children of a father or mother who were originally Spanish, can return home having obtained nationality through art. 20.1 a) and 20.1.b of C.c.
“Nationality by Possession of State”
We facilitate the process to obtain it
The Right to Spanish Nationality will be that Person who has Possessed and Used this Nationality for ten years, continuously, in good faith (without having knowledge of the real situation, that is, that he is not actually Spanish), on the basis to a Title registered in the Civil Registry. Spanish Nationality will not be lost even if the Title registered in the Civil Registry is annulled. The Interested Party must have maintained an active attitude in said Possession and Use of Spanish Nationality, this means that they must have behaved considering themselves to be Spanish, both in the enjoyment of their rights and in the fulfillment of their duties in relation to Bodies of the Spanish state.
Nationality by naturalisation
The granting of nationality by the Government is done through a Royal Decree, applied in a discretionary manner. In this process, the onus is on the applicant to prove the existence of exceptional circumstances that merit the granting of nationality. These exceptional circumstances are assessed on an individual basis and are not governed by the standard criteria of the administrative procedure. The grounds for these applications can be varied, including cultural, sporting, scientific, solidarity, among others.
Nationality by Simple Presumption
Those born in Spain to foreign parents, if both lack Nationality (Stateless Persons), or if the Legislation of neither of them attributes a Nationality to the child. In this case, a File can be made in the Civil Registry of your domicile to declare Spanish Nationality with the value of simple presumption.
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