Spanish Nationality

Nationality for Spaniards by origin

  • Those born to a Spanish father or mother.

  • Those born in Spain to foreign parents if at least one of the parents was born in Spain (excluding children of diplomats).

  • Those born in Spain to foreign parents if both are stateless, or if neither parent’s national law grants nationality to the child. In this case, a file may be processed in the Civil Registry of their residence to declare Spanish nationality with the value of simple presumption.

  • Children born in Spain whose parents’ identity is unknown. Minors whose first known place of stay is Spanish territory are presumed to have been born in Spain.

  • Minors under 18 adopted by a Spanish citizen are also Spaniards by origin. If the adoptee is over 18, they may opt for Spanish nationality of origin within two years from the constitution of the adoption.

Nationality by Possession of Status

A person will be entitled to Spanish nationality if they have possessed and used it for ten consecutive years, in good faith (unaware of not actually being Spanish), based on a title registered in the Civil Registry.

Spanish nationality will not be lost even if the registered title is annulled. The person must have shown active conduct in this possession and use of Spanish nationality, meaning they must have considered themselves Spanish in enjoying their rights and fulfilling their duties in relation to Spanish state institutions.

Nacionalidad por opción

The option is a legal benefit granted to foreigners under certain conditions to acquire Spanish nationality. Eligible persons include:

  • Those who are or have been under the parental authority of a Spanish citizen. This right expires at age 20 unless the person’s personal law delays adulthood beyond 18, in which case the time limit is two years from attaining legal adulthood.

  • Those whose father or mother was Spanish and born in Spain.

  • Those whose parentage or birth in Spain is determined after the age of 18. In this case, the deadline to opt for nationality is two years from that determination.

  • Those adopted by Spaniards after the age of 18. In this case, the right to opt exists until two years after the adoption.

Nationality by Residence

This form of nationality acquisition requires legal and continuous residence in Spain for ten years immediately prior to the request. In some cases, the required period is reduced:

  • Five years: for refugees.

  • Two years: for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or persons of Sephardic origin.

  • One year:

    • Those born in Spanish territory.

    • Those who did not properly exercise their right to acquire nationality by option.

    • Those under legal guardianship, custody, or foster care by a Spanish citizen or institution for two consecutive years (recognized by public authority or court).

    • Those married for one year to a Spaniard, not legally or effectively separated at the time of application.

    • Widows/widowers of Spaniards, not separated at the time of the spouse’s death.

    • Persons born outside Spain whose parent, grandparent, or great-grandparent was originally Spanish (even if born abroad).

Nationality by Naturalization Letter

This form of acquisition is discretionary and does not follow standard administrative procedures. It is granted or denied by the Government through a Royal Decree, after evaluating the presence of exceptional circumstances.

Loss and Retention of Spanish Nationality

How is nationality lost?

Spanish nationals may lose their nationality if:

  • They are emancipated, reside abroad, and voluntarily acquire another nationality. They can avoid this loss by declaring their intent to retain Spanish nationality within three years. Acquiring nationality from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal does not cause this loss.

  • They are emancipated, reside abroad, and exclusively use the nationality held before emancipation for three years. They can also avoid the loss by declaring their intention to retain Spanish nationality within three years.

  • They are emancipated, have another nationality, habitually reside abroad, and voluntarily renounce their Spanish nationality.

  • Spaniards born abroad to a Spanish parent also born abroad will lose their nationality if, within three years of emancipation or reaching adulthood, they do not declare their intent to retain it.

Spaniards not by origin (e.g. by residence) will lose nationality if:

  • They use, for three years, the nationality they had renounced when acquiring Spanish nationality.

  • They voluntarily join a foreign military or hold political office in another country against the Spanish government’s prohibition.

  • A court declares that nationality was obtained through fraud, concealment, or falsehood.

Where to declare retention

Retention must be declared at Spanish Consulates abroad, which act as Civil Registry offices.

Recovery of Spanish Nationality

How can nationality be recovered?

Once Spanish nationality is lost, it may be recovered (Article 26 of the Civil Code) by meeting the following conditions:

  • The applicant must be a legal resident in Spain. This requirement does not apply to emigrants or their children. The Minister of Justice may waive this requirement in exceptional cases (e.g., individuals who have contributed to Spanish interests or organizations — see Ministry Order of July 11, 1991, BOE of July 24, 1991).

  • The applicant must declare their will to recover nationality before the Civil Registry officer.

  • The recovery must be registered in the Civil Registry.

When is prior government authorization required?

Prior authorization from the government is required when nationality was lost by non-Spaniards by origin, and the loss occurred due to:

  • Using, for three years, the nationality previously renounced when acquiring Spanish nationality.

  • Voluntary service in foreign armed forces or holding political office against the express prohibition of the Spanish government.

  • A final ruling confirms fraud, concealment, or falsehood in the acquisition.

Where to apply for recovery

Applications must be submitted to the Civil Registry of the applicant’s residence. Spanish Consulates abroad also act as Civil Registry offices.

How to obtain the application form

It can be obtained from the Civil Registry of your residence or from the Consulate.

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