Spanish nationality

It is a right granted by our Civil Code to foreign citizens who meet one of the following conditions:

• People who are or have been subject to the parental authority of a Spaniard.
• People whose father or mother was originally Spanish and born in Spain. In this case, there is no age limit.
• People whose filiation (i.e., when the parents are determined) or whose birth in Spain occurs after the age of eighteen. In this case, the period to apply for nationality is two years from the date of filiation or birth.
• People whose adoption by Spaniards occurs after the age of eighteen. In this case, the right to apply exists until the two-year period has elapsed from the date of adoption.

Who can apply for this right?

1. The legal representative of the applicant, who is under 14 years of age.
2. If the interested party is fourteen years of age or older, they may apply independently, duly assisted by their legal representative.
3. Those interested who have a disability may be eligible for this application, provided they have the necessary support and procedural adjustments to process their application.
4. Emancipated interested parties may apply in person, according to their personal law.

It is important to coordinate all necessary documents to avoid delays in the process, so it is highly recommended to consult with an immigration attorney for personalized advice. Make sure you comply with the requirements and steps established in the procedure to avoid errors or rejections.

According to Spanish law, Spanish nationality can be obtained through residency by meeting the following requirements:

1. Legal and continuous residence in Spain: You must have resided in Spain for a minimum period of:
   • 2 years for citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal.
   • 5 years for citizens who have obtained asylum or subsidiary protection in Spain.
   • 10 years for citizens of other countries.
2. Good civic conduct: No criminal record in Spain or in your country of origin.
3. Knowledge of Spanish culture: Demonstrate a basic level of knowledge of Spanish culture by passing the CCSE exam (Certificate of Constitutional and Sociocultural Knowledge of Spain) or, where applicable, the DELE A2 exam (Diploma of Spanish as a Foreign Language).
4. Marriage to a Spanish citizen: If you are married to a Spanish citizen and the marriage is registered in Spain.
5. Guardianship or protection in a Spanish juvenile center: If you have been under the guardianship or protection of a Spanish juvenile center.

Recommendations

1. Be careful when traveling: You cannot stay outside of Spain for more than 90 consecutive days if you apply for Spanish nationality for the reduced period of one or two years, or for six consecutive months, or nine months in total, within the general period of ten years.
2. Make sure you meet all the requirements: Make sure you gather all the necessary documents and meet the established requirements before submitting your application.
3. Consult a lawyer: It is advisable to consult a lawyer specializing in nationality procedures to avoid errors and ensure the success of your application.

Updates on Nationality

• In 2024, the Ministry of Justice implemented an application to streamline the processing of Spanish nationality applications based on residency.
• More than 250,000 nationality applications were granted in 2023, according to data from the Ministry of Justice.

The Democratic Memory Law establishes the right to claim Spanish nationality for those born outside of Spain to a father or mother, grandfather or grandmother who were originally Spanish and who, as a result of exile for political, ideological, religious, or sexual orientation and identity reasons, have lost or renounced their nationality.

At the Council of Ministers meeting on July 9, 2024, the extension of the period for exercising this right was approved, in accordance with the eighth additional provision of Law 20/2022 on Democratic Memory. This measure was previously announced in February 2024 by the Minister of Territorial Policy and Democratic Memory. With this approval, the original two-year period established for exercising the right to opt for Spanish nationality, recognized in said additional provision, is extended for a third year. With the new extension, the deadline is extended to October 22, 2025.

This requirement applies to those born outside of Spain to a father or mother, grandfather or grandmother who were originally Spanish and who, due to exile for political, ideological, religious, or sexual orientation and identity reasons, lost or renounced their nationality.

De igual modo, se reconoce este derecho en los siguientes supuestos:

1978. a) Sons and daughters born abroad to Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution.
1979. b) Adult sons and daughters of Spaniards who have been recognized as having nationality of origin by virtue of the right of option, as provided in this law or in the seventh additional provision of Law 52/2007, which recognizes and expands rights and establishes measures in favor of those who suffered persecution or violence during the civil war and the dictatorship.