Spanish Citizenship by Descent: The Complete Guide

Spanish citizenship by descent lets people apply for citizenship if they have Spanish parents or grandparents. You may be eligible for citizenship if you were born outside of Spain but can prove your Spanish ancestry.

Getting Spanish citizenship by ancestry brings many benefits. You can travel freely within the European Union (EU) and live in any EU country. This gives you access to great healthcare, education, and a high standard of living. Additionally, you can enjoy all the rights of Spanish citizens, such as voting and working in Spain or any other EU country.

In this article, you’ll learn all about Spanish citizenship by descent, including:

• What is Spanish citizenship by descent?
• Benefits of Spanish Citizenship by Descent
• Spanish Citizenship by Descent Eligibility Criteria
• The Required Documents for Spanish Citizenship by Descent
• How to Apply for Spanish Citizenship by Descent 
• Spanish Citizenship by Decent Application Processing Time
• Spanish Citizenship by Descent Application Fees
• Residency Options in Spain

What is Spanish Citizenship by Descent?

Spanish citizenship by descent, or “jus sanguinis,” allows individuals to apply for citizenship through a direct line of Spanish ancestry, providing a way for descendants of Spanish citizens to reclaim their heritage. This applies to those with a Spanish parent or grandparent and requires proving family ties through official documents like birth and marriage certificates.

An important addition to this route is the Spain Grandchildren’s Law, part of the Spain Citizenship by Democratic Memory Law, introduced in 2022. It allows descendants of Spaniards who fled during the Spanish Civil War or Franco dictatorship to apply for citizenship — even if their parents never claimed it.

Benefits of Spanish Citizenship by Descent

When you obtain Spanish nationality through ancestry, you’ll enjoy the following perks:

• Visa-free travel and visa-on-arrival access to over 150 countries: With Spanish citizenship, you can travel visa-free to 125 countries and get a visa on arrival in 30 more.
• Right to live and work anywhere in the European Union: You can easily move, work, and settle in any EU or Schengen country without extra paperwork.
• Healthcare and social security: Spanish citizens, including those who gained citizenship through Spanish citizenship by descent, have access to Spain’s public healthcare system and social security benefits, which can also support them during retirement.
• Spanish education: Citizenship grants access to Spain’s education system, with free primary and secondary schooling and affordable university tuition.
• Consular benefits: Spanish citizens can seek help from Spanish embassies and consulates worldwide, a service non-citizens don’t have.
• Access to the EU job market: Work anywhere in the EU under the same conditions as local citizens.
• Run a business across the EU: Start and operate businesses in other EU countries without extra taxes or trade barriers.
• Family benefits: It’s easier for family members to join you, and non-EU family members may qualify for simplified residence permits.

Spanish Citizenship by Descent Eligibility Criteria

Several eligibility criteria and steps exist to apply for Spanish citizenship by descent. First and foremost, you must validate your claim to Spanish heritage, which can be either through your parents or grandparents.

You can apply for Spanish citizenship by descent if you meet one of the following criteria:

• Born to a Spanish father or mother – The child automatically acquires Spanish nationality regardless of the year.
• Born in Spain to foreign parents, with at least one parent born in Spain—Under the 1978 Constitution, the child acquires Spanish nationality by birth if one parent was born in Spain (except children of diplomats).
• Born in Spain to stateless foreign parents or those whose nationality laws don’t grant nationality – The child can be declared Spanish at the Civil Registry under the presumption of Spanish nationality, in effect since 1982.
• Children born in Spain whose parents’ identities are unknown—Under the 1982 Nationality Law, a child is presumed to be Spanish by birth if their first known residence is Spanish territory.
• Children under 18 adopted by a Spanish national are considered Spanish by origin; if over 18, they may opt for nationality within two years of adoption under the 2007 reform of the Nationality Law.

Eligibility criteria for Spanish Citizenship by Democratic Memory Law

• Children or grandchildren of Spaniards who lost or gave up their nationality due to exile.
• Children of Spanish women who lost their nationality by marrying a foreigner before the 1978 Constitution.
• Adult children of parents who applied for Spanish nationality under the Historical Memory Law (52/2007) or Democratic Memory Law (20/2022), also known as the “Ley de Nietos”.
• People who applied for Spanish nationality not of origin because their parents obtained it under the Historical Memory Law can now apply for nationality by origin.

Independent of the reason to apply for the citizenship, the applicant needs to comply with the following requirements:

• Oath or promise of fidelity to the King and obedience to the Constitution and the Spanish laws.
• Registration of the acquisition of nationality in the Spanish Civil Registry.

The Required Documents for Spanish Citizenship by Descent

Applying for Spanish citizenship by descent requires applicants to submit several official documents. Below is a list of some official documents you generally need to apply for Spanish citizenship by descent. However, the Consular Office may request additional data or documents when necessary to evaluate the application.

1. Declaration form: Completed and signed by the Spanish parent if the applicant is a minor or by the applicant themselves if they’re of legal age.
2. Birth certificate of the applicant: Must be original, literal, or a certified copy (no extracts), issued within the last 12 months, and apostilled. If not in Spanish, an official translation is required.
3. Family Book or marriage certificate: Provide the parents’ Family Book. If unavailable, submit the original and a copy of the civil marriage certificate — less than a year old if from Spain, or recent (within 12 months), original, literal, or certified, and apostilled if foreign.
4. Spanish parent’s birth certificate: Original and copy, issued within the last year. If issued by the same Consulate, older certificates are accepted.
5. Foreign parent’s birth certificate: Original and copy. It must be original, literal, or certified (no extracts), recent (within 12 months), and apostilled. If it is not in Spanish, an official translation is needed.
6. Parent identification:

• Spanish parent: Valid Spanish passport.
• Foreign parent: Valid foreign passport.
• If a parent has passed away: Original and copy of the death certificate (apostilled if foreign).

7. Applicant’s passport: Original and copy of the applicant’s passport.
Special Cases: If applying under the Democratic Memory Law (Law 20/2022), you’ll also need:

• Proof of exile or persecution — this can include:
• Pension documents from the Spanish Administration for exiles.
• Certificates or reports from recognized institutions confirming exile status.
• Other credible documentation proving exile or repression.

Please note that any foreign document must be legalized beforehand, either with the Apostille of the Hague Convention or by the Spanish Embassy and Ministry of Foreign Affairs in the country where the document was issued. If the document is not in Spanish, a translation by a certified translator recognized by the Spanish Consulate is mandatory.

How to Apply for Spainish Citizenship by Descent

You can submit applications for Spanish citizenship by descent in person to the Civil Registry, Consulate, or Embassy. Here is the general application process for how to get Spanish citizenship by descent:

Step 1: Determine eligibility

Through Parents: You qualify if one or both of your parents were Spanish citizens at the time of your birth.

Through Grandparents: You may apply if a grandparent was born in Spain or held Spanish citizenship. This includes cases where Spanish women lost their nationality by marrying non-Spanish citizens before 1978.

Step 2: Book an appointment

Schedule an appointment with your local Spanish Embassy, Consulate, or Civil Registry Office. Provide your name, phone number, and the reason for your visit (citizenship by descent application).

Step 3: Prepare your documents

Gather documents proving your relationship to your Spanish ancestor, including birth, marriage, death certificates, proof of identity, and proof of your ancestor’s Spanish nationality. Ensure all foreign documents are apostilled and translated into Spanish by an official translator. If applying under Spain’s Democratic Memory Law, you may need documents proving your ancestor’s exile or political persecution.

Step 4: Submit your application

Attend your scheduled appointment and submit your completed application form along with the required documents. If you’re a minor, your parents must apply on your behalf. In cases of divorced or separated parents, written consent from the non-applying parent may be necessary. The authorities may ask for further documentation or clarification, so keep extra copies and backups of all your papers.

Step 5: Await a decision

The processing time varies depending on the consulate or registry office. If your application is successful, you’ll be registered as a Spanish citizen.

Final Step: Obtain your Spanish citizenship and passport

Once your citizenship is officially granted, you can apply for a Spanish passport and national ID card (DNI). This marks the completion of your journey to becoming a recognized Spanish citizen.

If your parents’ marriage or divorce occurred outside Spain, ensure it is registered with the Spanish Civil Registry. This keeps your citizenship status clear and undisputed for future generations.

Spanish Citizenship by Decent Application Processing Time

Applications for Spanish citizenship by descent can take a few months for the children of Spanish nationals and up to a couple of years for those applying through a grandparent born in Spain. Due diligence and processes for verifying and confirming all the information provided determine the total duration.

Spanish Citizenship by Descent Application Fees

When applying for Spanish Citizenship by Descent, there is no application fee. However, it’s important to note that you might be asked to submit additional documentation, such as birth certificates or marriage certificates. All documents issued outside Spain may need to be authenticated or “apostilled” and translated by a certified translator. The cost of translation is usually from €60 to €80 per document, depending on the complexity and length of the documents.

Can you hold dual citizenship in Spain?

Dual citizenship was a complex matter in Spain as the Spanish government didn’t provide the universal right to dual citizenship for new citizens. Today, under the Democratic Memory Law, all applicants, no matter where they are from, can hold dual citizenship.

Residency Options in Spain

The Spain Golden Visa allows individuals to obtain residency through significant investments, such as purchasing real estate worth at least €500,000 or investing in businesses. This visa provides residency for the investor and their family, allowing them freedom of movement within the Schengen Area. After five years of legal residency, applicants can apply for permanent residency, and after 10 years, they can apply for citizenship, provided they meet requirements like continuous residency and integration. The Golden Visa program is ending in April 2025, so applications must be made before then.

The Spain Digital Nomad Visa allows remote workers and freelancers to live in Spain while earning income from foreign sources. To qualify, applicants must have a monthly income of at least €2,650, depending on family size and other criteria. There is a possibility of permanent residency after five years of legal stay.

The Spain Non-Lucrative Visa is designed for people who want to live in Spain without working, such as retirees or those with passive income.  Applicants must prove they have sufficient financial resources to support themselves, with a minimum annual income of €28,800 (€2,4000/per month) for an individual and more for family members. This visa can lead to permanent residency after five years of continuous legal residency. After 10 years, holders can apply for citizenship, which requires passing a citizenship test.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

We guide you from start to finish, taking you beyond your citizenship or residency by investment application. 

Frequently Asked Questions about Spanish Citizenship by Descent

Can you apply for Spanish citizenship through ancestry?

Yes, you can obtain Spanish citizenship by descent if:

• Your mother or father is a Spanish national.
• Both of your parents were born in Spain.
• A Spanish national adopted you before your 18th birthday.
• You have Spanish grandparents (with specific requirements like proving your connection and possibly meeting residency conditions).

How do I get Spanish citizenship by descent?

To get Spanish citizenship by descent, you must prove that you have Spanish ancestry, through your parents or grandparents. You need to submit relevant documents like birth, marriage, and death certificates, along with proof of your ancestor’s Spanish nationality. If applicable, you may also need to demonstrate exile or political persecution for certain cases.

Is it easy to get Spanish citizenship by descent?

The ease of acquiring Spanish citizenship by descent can vary depending on your specific circumstances, such as the availability of necessary official documentation and your connection to Spain. Citizenship by descent is easier to obtain if one of your parents is a natural-born Spanish citizen.

How many generations qualify for Spanish citizenship by descent?

Descendants can claim Spanish citizenship up to the second degree. This includes Spanish nationals’ children and grandchildren.

Can my children become citizens of Spain as well?

If you are a Spanish citizen by birthright, your children are eligible for Spanish citizenship. If you acquired Spanish citizenship by naturalization, your children will only be eligible for Spanish citizenship if they are under 20, born in Spain, or by naturalization, in case they live in Spain for 10 years or 2 years, in specific cases.

Do I need to renounce my current citizenship to become a Spanish citizen by descent?

No, under the Democratic Memory Law, all applicants, no matter where are they from, can hold dual citizenship in Spain.

Is there an age limit for applying for Spanish citizenship by descent?

There is no specified age limit to obtain Spanish citizenship by descent. Provided you can prove one of your parents or grandparents obtained Spanish citizenship by birthright, you can obtain citizenship through Spanish ancestry.

Can I apply for Spanish citizenship by descent if my Spanish ancestor is deceased?

Yes, you can apply for Spanish citizenship by descent if your Spanish ancestor is deceased. You will need to provide their birth, marriage, and death certificates, along with proof of their Spanish nationality. If your ancestor was exiled or lost their nationality, additional documentation may be required.

What is the two-year citizenship program in Spain?

The two-year citizenship program in Spain refers to the option for descendants of Spaniards who were exiled due to political, ideological, religious, or sexual reasons during the Spanish Civil War and Franco’s dictatorship. Under Spain’s Democratic Memory Law (Ley de Memoria Democrática), eligible descendants can apply for Spanish citizenship after just two years of residency in Spain, rather than the usual ten-year requirement for others.

How do I get Spain citizenship through grandparents?

To apply for Spanish citizenship through a grandparent, you need to have grandparents born in Spain or who was granted Spanish citizenship at birth. The eligibility criteria require you to prove your lineage, just as you would through a Spanish mother or father.

How can I appeal a denied application for Spanish citizenship by descent?

To appeal a denied application for Spanish citizenship by descent, you can submit a formal appeal to the Ministry of Justice within one month of receiving the decision. The appeal must include any additional supporting documentation that may address the reasons for the denial. If the appeal is rejected, you can take the case to an administrative court.

What documents are needed for Spanish Citizenship by Democratic Memory Law?

For Spanish Citizenship under the Democratic Memory Law, you need the following documents:

• Proof of your ancestor’s Spanish nationality (birth, marriage, or death certificates).
• Documents proving exile or political persecution (e.g., refugee certifications, exile-related documents).
• Your own birth certificate.
• Documentation of your ancestor’s departure from Spain (e.g., passport entry stamps).
• Annex I (required form).