NATIONALITY
Nationality by residence
This form of acquiring nationality requires the residence of the person in Spain for ten years in a legal, continuous and continuous manner immediately prior to the petition. There are cases in which the required period of residence is reduced; these are:
For the granting of Spanish nationality to those persons who have obtained refugee status.
For nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal or persons of Sephardic origin.
- Whoever was born in Spanish territory.
- He who did not duly exercise his right to acquire Spanish nationality by option.
- The person who has been legally subject to guardianship (under the supervision of a guardian), guardianship or foster care (the foster care that allows the reduction of legal residence to one year is that in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and the foster care that is judicially recognized) of a Spanish citizen or institution for two consecutive years, even if it continues in this situation at the time of the application.
- Who, at the time of application, has been married to a Spaniard for one year and is not legally or de facto separated.
- The widow or widower of a Spaniard, if at the time of the death of the spouse they were not separated, de facto or judicially.
- Born outside Spain of a father or mother (also born outside Spain), grandfather or grandmother, provided that all of them were originally Spanish.
Nationality by option
The option is a benefit that our legislation offers to foreigners who meet certain conditions to acquire Spanish nationality. They will have the right to acquire Spanish nationality by this means:
- Those persons who are or have been subject to the parental authority of a Spaniard. This possibility expires when the interested party reaches the age of 20, unless by personal law the interested party does not reach the age of majority at the age of 18, in which case the term will be two years from the date of reaching the age of majority.
- Those whose father or mother was Spanish and was born in Spain.
- Those persons whose parentage determination (parentage determination means to establish who are the parents of a person) or birth in Spain occurs after the age of eighteen. In this case, the term to opt for the nationality is of two years since the filiation or birth is determined.
- Those persons whose adoption by Spaniards occurs after the age of eighteen. In this case the right to opt exists until two years have elapsed from the constitution of the adoption.
Nationality for Spaniards of origin
They are Spaniards by origin:
- Those born of a Spanish father or mother.
- Those born in Spain when they are children of foreign parents if at least one of the parents was born in Spain (except children of diplomats).
- Those born in Spain of foreign parents, if both lack nationality (stateless), or if the legislation of neither of them attributes a nationality to the child. In this case a file can be made in the Civil Registry of their domicile to declare the Spanish nationality with 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.
- Those under 18 years of age who are adopted by a Spaniard are also Spaniards of origin. If the adopted person is older than 18 years, he/she will be able to opt for the Spanish nationality of origin in the term of two years from the constitution of the adoption.
Nationality by letter of nature
This form of acquisition of nationality is ex gratia in nature and is not subject to the general rules of administrative procedure. It will be granted or not at the discretion of the Government by Royal Decree, after assessing the existence of exceptional circumstances.
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