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Citizenship by Descent

Obtaining Spanish citizenship through Spanish ancestry or parentage.

Sections

1. National Regulations

Spanish citizenship by descent is governed by the Spanish Civil Code (Código Civil), specifically Articles 17 to 26. The law outlines who qualifies as a Spanish citizen by origin and the procedures for acquiring citizenship through descent.

Key points:

  • Spain recognizes jus sanguinis (right of blood), meaning citizenship can be passed down through Spanish parents or grandparents.
  • Spain allows dual citizenship with certain countries, particularly those in Latin America, Andorra, the Philippines, Equatorial Guinea, and Portugal. For other countries, applicants may need to renounce their original citizenship.

2. Eligibility Criteria

You may be eligible for Spanish citizenship by descent if you meet one of the following conditions:

A. Spanish Citizenship by Origin (Nacionalidad de origen)

  1. Born to a Spanish parent:

    • If one or both of your parents were Spanish citizens at the time of your birth, you are considered Spanish by origin, regardless of where you were born.
    • This applies even if your Spanish parent later lost their citizenship.

  2. Born to a Spanish grandparent:

    • If your grandparent was originally Spanish and lost their citizenship (e.g., by emigrating and naturalizing in another country), you may qualify for citizenship by descent.

  3. Born in Spain to foreign parents:

    • If you were born in Spain to foreign parents, and at least one parent was also born in Spain, you may qualify for Spanish citizenship by origin.

  4. Born in Spain to stateless parents or parents whose nationality cannot be passed on:

    • If your parents are stateless or their nationality laws do not allow them to pass on their citizenship, you may qualify for Spanish citizenship.

B. Citizenship by Option (Nacionalidad por opción)

This is a broader category that allows individuals to "opt" for Spanish citizenship if:

  • You are the child of a Spanish parent but were not granted citizenship at birth.
  • You are the grandchild of a Spanish citizen who lost their citizenship due to exile (e.g., during the Spanish Civil War or Franco regime). This is covered under the Democratic Memory Law (Ley de Memoria Democrática), also known as the "Grandchildren Law."

3. Required Documentation

The documentation required depends on your specific case, but generally, you will need the following:

A. Proof of Spanish Ancestry

  1. Birth certificates:
    • Your birth certificate, showing your parents' names.
    • Your parent’s or grandparent’s Spanish birth certificate (or equivalent proof of Spanish nationality).
  2. Marriage certificates (if applicable):
    • If your Spanish ancestor was married, you may need their marriage certificate.
  3. Proof of loss of Spanish citizenship (if applicable):
    • If your ancestor lost their Spanish citizenship, you may need documentation showing when and how this occurred (e.g., naturalization certificate in another country).

B. Personal Identification

  1. Valid passport or national ID card.
  2. Proof of residence (if applying from Spain).
  3. Criminal record certificate from your country of residence (if over 18).

C. Additional Documents

  1. Sworn declaration:
    • A statement affirming your intention to acquire Spanish citizenship.
  2. Proof of exile (if applying under the Democratic Memory Law):
    • Documents showing your grandparent or parent fled Spain due to political persecution, such as exile records or refugee status.

4. Standard Procedures

The process for obtaining Spanish citizenship by descent involves several steps:

Step 1: Gather Documentation

  • Collect all required documents, including birth certificates, proof of Spanish ancestry, and personal identification. Ensure all foreign documents are:
    • Translated into Spanish by a certified translator.
    • Apostilled or legalized, depending on the country of origin.

Step 2: Submit the Application

  • Applications can be submitted:
    • At the Civil Registry Office (Registro Civil) in Spain if you are residing in Spain.
    • At the Spanish Consulate in your country of residence if you are living abroad.

Step 3: Wait for Processing

  • Processing times vary but typically take 1-2 years. Applications under the Democratic Memory Law may be expedited.

Step 4: Swear Allegiance

  • Once your application is approved, you will need to swear allegiance to the Spanish Constitution and laws. This is done at the Civil Registry or Consulate.

Step 5: Obtain Spanish Documents

  • After swearing allegiance, you can apply for a Spanish passport and national ID card (DNI).

5. Costs

The costs associated with obtaining Spanish citizenship by descent include:

  1. Application Fees:
    • There is no fee for the citizenship application itself.
  2. Document Translation and Legalization:
    • Translation: €20-50 per page (varies by translator and country).
    • Apostille/Legalization: €10-50 per document, depending on the issuing country.
  3. Passport and DNI Fees:
    • Spanish passport: Approximately €30.
    • DNI (National ID): Approximately €12.

6. Timelines

  • Document Preparation: 1-3 months (depending on the availability of records and translation/legalization requirements).
  • Application Processing: 1-2 years (may vary based on workload at the Civil Registry or Consulate).
  • Swearing Allegiance and Issuing Documents: 1-3 months after approval.

7. Country-Specific Considerations and Nuances

  1. Democratic Memory Law (Ley de Memoria Democrática):

    • This law, enacted in October 2022, allows descendants of Spaniards who fled during the Spanish Civil War or Franco dictatorship to apply for citizenship. Applications under this law must be submitted by October 2024.

  2. Dual Citizenship:

    • Spain generally requires applicants to renounce their original citizenship unless they are from a country with a dual citizenship agreement (e.g., Latin American countries, Andorra, the Philippines, etc.).

  3. Language and Cultural Integration:

    • Unlike other pathways to Spanish citizenship, there is no requirement to pass a language or cultural knowledge test (DELE or CCSE) for citizenship by descent.

  4. Regional Variations:

    • While the process is standardized nationally, some Civil Registry Offices or Consulates may have slight variations in document requirements or processing times.

8. Tips for a Smooth Application

  • Start early: Obtaining historical records can take time, especially if your ancestors emigrated decades ago.
  • Work with a lawyer or genealogist: If your case is complex, consider hiring a professional familiar with Spanish citizenship laws.
  • Stay informed: Laws and regulations can change, so monitor updates, especially regarding the Democratic Memory Law.

By following this guide, you should have a clear understanding of the process for obtaining Spanish citizenship by descent. If you have specific questions or need further assistance, feel free to ask!