We process your request for Spanish Nationality inside and outside of Spain, leave us your email, telephone number and we will contact you immediately.
Processing of nationality file before the Civil Registry. The process includes all requests for the following certificates:
Nationality is a right of the minor contemplated by the Convention on the Rights of the Child. In the case of a person born in Spain who cannot acquire the nationality of his parents, Spain grants nationality to that minor to prevent him from being deprived of nationality.
In what cases does a minor born in Spain not acquire the nationality of their parents?
When they do not hold any nationality or when the nationality of the country of the parents is not passed on to the children automatically because it is acquired by ius soli.
However, the determination of how nationality is acquired depends on the internal law of each country, knowing which States apply the ius soli would require knowing the laws of each and every one of the countries. There is an instruction of March 28, 2007 of the General Directorate of Registries and Notaries, “on the competence of the municipal Civil Registries and other rules related to the files of declaration of Spanish nationality with value of simple presumption”, which establishes that :
They are not Spanish “iure soli”, because the nationality of one of the parents corresponds to them “iure sanguinis”, those born in Spain children of:
- Equatorial Guineans
- Ecuadorians – if the birth occurred during a transitory stay in Spain of the parents-
- Moroccan father and mother, married child even if the contracted marriage was civil in Spain
- Moroccan father and mother, non-marital child, if there is parental recognition or cohabitation is proven during the probable period of conception
- Moroccan mother and unknown father
- Sierra Leoneans
- Swiss – depending on the case-
Yes, those born in Spain who are children of:
- Costa Ricans
- Guineans (Guinea Bissau)
- Moroccans – Moroccan mother and known stateless father or who does not transmit his nationality to the child-
Palestinians – stateless –
Sahrawis – stateless –
- Children of Venezuelan and Colombian
In these cases, the child is born stateless, and Spanish nationality will be processed by ius soli criteria: birth in Spain. The file that is processed is called “presumption” of nationality and ends with obtaining the DNI.
The approximate duration of the process is 5 months.
SPANISH NATIONALITY BY OPTION
There are a number of cases in which a person can opt for Spanish nationality, that is, they have the right to decide whether they want to acquire Spanish nationality or not:
- People who are or have been subject to the parental authority of a Spaniard. (Frequently applies: minor children of foreigners who become Spanish nationals.
- Those whose father or mother was originally Spanish and born in Spain, in this case there is no age limit to make the option (children of emigrants who were not born Spanish).
- The foreigner over eighteen years of age adopted by a Spaniard may opt for the Spanish nationality of origin within a period of two years from the constitution of the adoption
- Parentage or birth in Spain, whose determination occurs after eighteen years of age, are not by themselves a cause for acquiring Spanish nationality. The interested party then has the right to opt for Spanish nationality of origin within a period of two years from that determination.
NATIONALITY BY RESIDENCE
Spanish nationality is also acquired by residence in Spain, through a concession granted by the Minister of Justice, who may deny it for reasoned reasons of public order or national interest. For example, a person who does not speak Spanish could be denied.
Who can make the request?
- The interested party emancipated or over eighteen years of age.
- Those over fourteen years of age assisted by their legal representative.
- The legal representative of the minor under fourteen years of age.
- The legal representative of the incapacitated person or the incapacitated person, alone or duly assisted, depending on the result of the incapacitation sentence.
The legal representative may only make the request if he has previously obtained authorization from the person in charge of the Civil Registry of the domicile of the declarant, following the opinion of the Public Prosecutor. Said authorization will be granted in the interest of the minor or incapacitated person.
When can you apply for nationality by residence?
For the granting of nationality by residence, it is generally required that you have had residence in Spain for ten years.
Five years will suffice for those who have obtained refugee status.
Two years in the case of nationals of origin from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal or Sephardim.
The time of residence of one year will suffice to:
- Whoever was born in Spanish territory.
- The one who has not timely exercised the power to choose.
- The one who has been legally subject to the guardianship, guardianship or foster care of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the request.
- Whoever at the time of the application has been married to a Spaniard for a year and is not legally or de facto separated.
- The widow or widower of Spanish or Spanish, if at the death of the spouse there was no legal or de facto separation.
- Those born outside of Spain to a father or mother, grandfather or grandmother, (not born in Spain) who were originally Spanish.
|1 year||Born in Spain|
|1 year||Subject to guardianship, guardianship or foster care by Spanish, Spanish institution for two years|
|1 year||Married with Spanish|
|1 year||For children or grandchildren of Spaniards not born in Spain|
|2 years||The following countries: Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal|
|5 years||Asylees or refugees|
|10 years||The rest of the countries|
SPANISH NATIONALITY BY CERTIFICATE OF NATURE
This mode of acquisition occurs when it is discretionally granted by Royal Decree in view of the fact that the interested party has exceptional circumstances.
Concessions by letter of nature or by residence expire one hundred and eighty days (180 days) following their notification, if the interested party does not appear before a competent official to meet the requirements within this period.
- That the person over fourteen years of age and capable of making a statement on his own behalf swears or promises fidelity to the King and obedience to the Constitution and the laws. (Flag Pledge).
- That the same person declares that he renounces his previous nationality. Those born in Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal are exempt from this requirement.
- That the acquisition be registered in the Spanish Civil Registry.
PROCEDURE TO APPLY FOR SPANISH NATIONALITY
Can the Spanish Nationality be lost?
The answer is yes.
Frequently, many people who have obtained Spanish Nationality (Spanish nationalized immigrants) ask us if once you are Spanish you can lose your nationality. Well, the answer is “yes”. In what cases?
- Are emancipated, reside abroad and voluntarily acquire another nationality. They can avoid this loss if within three years they declare their wish to retain their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to cause the loss of Spanish nationality for this reason.
- They are emancipated, reside abroad and for three years use exclusively the nationality that they had attributed before emancipation. They can avoid this loss if within three years they declare their wish to retain their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to cause the loss of Spanish nationality for this reason.
- Emancipated Spaniards who have another nationality, habitually reside abroad and voluntarily renounce it.
- In the case of Spaniards who were born abroad and are Spanish because they were born to a Spanish father or mother who was also born abroad, they will lose their Spanish nationality if, within three years of emancipation or of legal age, they do not declare their Willingness to retain Spanish nationality
Spaniards who are not Spaniards by origin (for example, those who have acquired Spanish nationality by residence) will lose Spanish nationality if:
- After acquiring Spanish nationality, they use the nationality they would have renounced when acquiring Spanish for a period of three years.
- When they voluntarily enter the service of arms or hold political office in a foreign state against the express prohibition of the government.
- When a sentence declares that the interested party committed falsehood, concealment or fraud in the acquisition of Spanish nationality.
Place where to make the declaration of conservation
The Spanish Consulates abroad carry out Civil Registry functions.
In case of losing Spanish Nationality, can I recover it? where should i do it? What documents do I need to submit?
Once Spanish nationality has been lost, there is the possibility of recovering it; For this, it will be necessary to meet the following requirements:
- The interested party must be a legal resident in Spain. However, this requirement will not apply to emigrants or the children of emigrants. In addition, it may be dispensed from this requirement by the Minister of Justice, when there are exceptional circumstances. (eg: people who have carried out charitable activities in favor of Spanish interests or associations, Order of the Ministry of Justice of July 11, 1991. BOE of July 24, 1991).
- The interested party must declare before the person in charge of the Civil Registry their wish to recover Spanish nationality.
- The recovery of nationality must be registered in the Civil Registry.