Becoming a Spanish Citizen
In simple terms, someone’s Spanish nationality or citizenship is a legal bond between that person and the Spanish State which of course comes with different rights and obligations.
Some of the rights that come with being a Spanish citizen include the right to free education, being able to vote, freely move and work in the EU, State Protection and diplomatic protection when in another country.
In return, once you have Spanish citizenship, one of the main obligations is that you pay taxes in Spain.
While Article 15 of The Universal Declaration of Human Rights recognizes the right of everyone to have a nationality, there are however, millions of people in the world who are considered stateless and that no State considers as nationals under its laws.
Statelessness has a serious impact on those who do not have a nationality as they can’t exercise their fundamental rights. The Spanish legal system has provisions in place designed to prevent this situation from happening.
Ways to Acquire Spanish Citizenship
There are a variety of ways to obtain Spanish citizenship, all of which are regulated following the Civil Code which are detailed in this article:
Origin
Status “posesión de estado”
Choice “opción”
Residence
Merit or excellence in a certain field “carta de naturaleza”
1. Citizenship for People of Spanish Origin
Those who are considered Spanish by origin in article 17 of the Civil Code will have Spanish nationality if they fall under the following cases:
• Those born to a Spanish father or mother.
Via ius sanguinis is a legal way to acquire nationality. Currently it is enough that one of the two parents is Spanish at the time of birth. It is also important to note that the cause of how the parents acquired nationality does not matter; for example, a child born in 2020 to a woman who acquired Spanish nationality by residence in 2019 will still be considered Spanish of origin.
• Those born in Spain to foreign parents if at least one of them had also been born in Spain.
This excludes children of diplomats who perform their duties in Spain.
• Those born in Spain to foreign parents, even if neither have nationality and are stateless or if the legislation of neither of them attributes a nationality to the child.
This is a provision that seeks to avoid statelessness.
• Those born in Spain to unknown parents.
Minors whose first known place of stay is in Spain shall be considered to have been born in Spain.
• Those under the age of 18 who are adopted by a Spanish National are also considered Spanish of origin.
If the adoptee is over 18 years of age however, he or she may also opt for the Spanish nationality of origin within two years from the constitution of adoption.
2. Spanish Citizenship by Status “Posesión de Estado”
Article 18 of the Civil Code states that the use of Spanish nationality for ten years, in good faith and based on a title registered in the Civil Registry, is cause for consolidation of nationality, even if the title that originated is not valid.
It is not a proper form of acquisition of nationality, but rather a consolidation.
It occurs in cases where a person is registered as a national without actually being one.
Although it seems strange, it can happen, as seen in the following example: Before 1976, if a Spaniard acquired another nationality, he would automatically lose his Spanish nationality. Pedro, Spanish by origin, obtained Ecuadorian nationality in 1960. He returns to Spain and has a son in 1965. He registers him in the Registry as Spanish of origin, by virtue of the ius sanguinis. The registration won´t be valid, but can be consolidated if the above conditions are met: use of nationality for ten years and good faith.
3. Spanish Citizenship by Choice “Opción”
This way differs from nationality by origin in that, while the first operates under full law, this one must be requested by the persons empowered to do so, which are the following:
• Those people who are or have been subject to parental authority of a Spanish person.
This possibility expires when the interested party turns 20. Unless in the country of origin of that person the law states that you are an adult before the age of eighteen, in which case the term will be two years from the date of majority.
• Those whose father or mother were Spanish and were born in Spain.
These are cases in which the parents have lost their Spanish nationality at the time of the child's birth.
• Those people whose determination of filiation or birth in Spain occurs after the age of eighteen.
In this case, the term to opt for nationality is two years from the date the filiation or birth is determined.
• Those people whose adoption by Spanish Nationals occurs after the age of eighteen.
In this case, the right to choose exists after a period of two years from the constitution of the adoption has passed.
4. Spanish Citizenship by Residence.
This is the form of acquisition of nationality that is most frequently used by foreigners and is based on a physical link with Spain.
It requires the person's residence in Spain for ten years legally, continuously and immediately prior to the request.
In the event that a person hasn’t requested their residency and doesn't have their legal papers, that period of time will not be included, no matter how long that period could be.
There are cases in which the period of residence is reduced to obtain nationality:
Five years for refugees.
Two years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin.
One year for: for those married to a Spanish national or children/grandchildren of Spanish citizens born in Spain.
• Whoever was born in Spanish territory. As we have seen, the “ius sanguinis” is the criterion for acquiring the nationality of origin, but not the “ius soli” or birth in Spanish territory. For example, if a child whose parents are of Italian nationality is born in Madrid, his original nationality would be Italian. To acquire the Spanish one, he would have to reside at least one year in Spain in order to be able to request it.
• Anyone who has not properly exercised their right to acquire Spanish nationality by option.
• Anyone who has been legally subject to guardianship (under the supervision of a guardian), custody 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 application.
• Whoever, at the time of application, has been married to a Spaniard for a year and is not legally or de facto separated.
• The widower of a Spaniard, if at the time of the spouse's death they were not separated, in fact or judicially.
• Children or grandchildren of Spanish origin. It applies to the case of people born outside of Spain whose parents or grandparents were originally Spanish.
5. Spanish Citizenship by Merit or Excellence in a Certain Field “Carta de Naturaleza”
Citizenship is granted at the discretion of the Government by Royal Decree if certain exceptional circumstances concur and is not subject to the general rules of the administrative procedure.
For example, nationality could be granted in this way to foreign athletes who are going to participate in international competitions representing Spain.
How can Encantada Help?
Spanish administration and bureaucracy can be complex and time consuming, particularly if you don’t speak the language.
Encantada are here to assist you every step of the way: an English expat and a Spanish lawyer, we as a team have the perfect combination of legal and practical know-how and language skills to be able to sort out anything on your behalf.
We will go the extra mile to make your move run smoothly and have you settled in and enjoying Spanish life in the shortest time possible and with the least amount of stress.
We are on hand to assist you upon your arrival however if unable to be here in person and you would like everything ready for your arrival, Encantada are able to work under power of attorney on your behalf.
