Spanish Citizenship by Descent: Guide to Eligibility

Spanish citizenship by descent allows individuals to claim citizenship if they have Spanish-born parents or grandparents.

Acquiring Spanish citizenship by descent comes with a host of attractive benefits. These include unrestricted travel within the European Union (EU) and the possibility to live in any European country and enjoy world-class healthcare, education, and a high quality of life.

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

What is Spanish Citizenship by Descent?

Spanish citizenship by descent, also known as Nacionalidad por Ley de Memoria Democrática, allows you to get Spanish citizenship based on your Spanish ancestry. That means you can claim Spanish citizenship if one of your parents is Spanish. You can also make a claim if your parents were both born in Spain, you were adopted by a Spaniard before you turned 18 years old, you have grandparents who are Spanish or you are a Latin American with a grandparent born in Spain.

This is because the Spanish law on nationality predominantly grants citizenship through jus sanguinis (a Spanish ancestor) and, in specific cases, through jus soli (when a child is born on Spanish soil).

Obtaining Spanish Citizenship by Democratic Memory Law is a nationality process through which those with at least one parent or grandparent who has or was a Spanish citizen by birth can obtain Spanish nationality.

5 Benefits of Spanish Citizenship by Descent

When you obtain Spanish nationality through Spanish Citizenship by Democratic Memory Law, you’ll enjoy the following perks:

Visa-free travel and visa-on-arrival access to over 150 countries: When you obtain Spanish nationality, you can travel visa-free to 125 countries and you can get a visa on arrival in 30 countries.
Right to live and work anywhere in the European Union: As long as you’re within the borders of the Schengen, you can relocate to work in any of the European countries without too much hassle.
Healthcare and social security: Spanish nationals who obtained their Spanish citizenship through Spanish Citizenship by Democratic Memory Law have rights as other Spanish citizens and that implies access to health insurance and social security. On top of that, this may be beneficial once you decide to retire.
Spanish education: If you have Spanish nationality, you have access to Spain’s unique education system, which consists of primary, secondary, and tertiary education. Only primary and secondary education are free of charge, but the tuition costs for universities aren’t expensive either
Consular benefits: All Spanish nationals enjoy consular services. That means that no matter where you’re in the world, you may visit the Spanish consulate or embassy and the authorities will do their best to help you. Non-Spanish individuals don’t have that privilege.

Spanish Citizenship by Descent Eligibility Criteria

Several eligibility criteria and steps exist to apply for Spanish Citizenship by Democratic Memory Law. 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 Democratic Memory Law if you meet one of the following criteria:

One of your parents is a Spanish national
Your parents were born in Spain (one or both)
You were adopted by a Spanish citizen before the age of 18
Your grandparents are Spanish citizens (one or both)
You’re a Latin American with a grandparent from Spain
You have Spanish ancestors with citizenship in Spain

You can submit applications for Spanish citizenship by ancestry to the Civil Registry, Consulate or Embassy, in person.

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.

How to Get Spanish Citizenship by Descent: Two Routes

To apply for Spanish citizenship by descent, you must gather documentation proving your lineage to a Spanish parent or grandparent. This typically involves obtaining birth, death, and marriage certificates from a Spanish Civil Registry, illustrating your familial ties and Spanish ancestry.

Spanish citizenship through parents

If you’re seeking Spanish citizenship and one or both of your parents are Spanish citizens, the Spanish citizenship application process requires you to present specific documents. Here is the process you need to follow:

Make an appointment with your local Spanish Embassy, Consulate, or Civil Registry Office – providing your name and phone number.
Collect the necessary identity documents, including:

An original birth certificate issued within the last 6 months
A certified copy of your passport or another valid picture ID document
A complete birth certificate of the Spanish national parent (if you don’t have these, you should provide the full name and date of birth of the Spanish parent(s) to allow the Embassy or Consulate to locate the respective Spanish birth certificate.) If the applicant is a minor, certified copy of the parent’s passport.
Birth certificates for both parents independent of their nationality and issued within the last 6 months, or a death certificate.
If applicable, an original or certified copy of your parents’ marriage certificate. If not applicable, for minors, a document from the absent or divorced parent authorizing the application for the citizenship.
Proof of address

If your parents registered their marriage or divorce outside of Spain, it is mandatory to register the marriage/divorce with the Spanish Civil Registry system.

Note: If you’re a minor (under 18), your parents must apply for Spanish citizenship by descent on your behalf.

All foreign documents must be apostilled and translated into Spanish.

For applications under the specific cases regulated by the Law 20/2022, of October 19th there will be additional documents required such as:

Documents accrediting the exiled status of the Spanish father or mother, grandfather or grandmother:

Having been a beneficiary of a pension granted by the Spanish Administration to exiles.
Having suffered situations of repression or political persecution: certifications or reports issued by public or private entities or institutions, duly recognized by the Spanish authorities or the Host state related to exile.
Any other document

Spanish citizenship through grandparents

If you have a grandparent born in Spain or who was granted Spanish citizenship at birth, you are also eligible to apply for Spanish citizenship and a Spanish passport. The eligibility criteria require you to prove your lineage, just as you would through a Spanish mother or father.

Eligibility may also be gained by grandchildren of Spanish women who were born in Spain and married non-Spanish individuals before the 1978 Constitution and lost their Citizenship in Spain due to the marriage that took place after the law came into force.

To meet the requirements for Spanish citizenship by descent through a Spanish grandparent, you must demonstrate strong connections to the country.

The Required Documents for Spanish Citizenship by Descent

Applying for Spanish citizenship by Democratic Memory Law requires applicants to submit several official documents. These documents validate Spanish heritage and provide necessary identification details.

Below is a comprehensive list of the official documents you generally need to apply for Spanish citizenship by descent:

Official application form: The first document you’ll need is an official application form for citizenship. The applicant or their legal representative must fill out this form, and it should contain all relevant identification information.
Birth certificate: You’ll need to provide an original copy of your birth certificate issued within the last three months. You will need to provide a complete birth certificate.
Copy of the Spanish ancestor’s ID: The next set of documents you’ll need are copies of your parent(s) or grandparent(s) ID. If you’re applying for citizenship through a parent, you must provide their Spanish ID.
Certified copy of the grandparent’s marriage certificate: If you’re applying for Spanish citizenship through a grandparent, you’ll need to provide an original copy of your grandparent’s marriage certificate, when applicable.
Complete birth certificate of your parents or grandparents, apostilled and issued within 1 year.
Valid ID: A certified copy of your passport or ID is also necessary. This serves as proof of your identity and can also demonstrate ties to your country of citizenship or residence.
Birth certificate linking the father or mother with the grandfather or grandmother, if applicable.

Remember, the required documents may vary depending on the specifics of your Spanish heritage. You are encouraged to contact the nearest Spanish Embassy or Consulate for the most accurate information regarding your case. Ensure all documents are legally certified and translated into Spanish.

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.

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.

Who can request Spanish nationality?

There are several ways Spanish citizenship can be granted:

Original assignment, recognized at the time of birth
Acquisition, which is valid from the date of registration.

As per the Spanish Nationality Law 20/2022, citizenship can be acquired either by right of blood (jus sanguinis) derived from a Spanish ancestor or by birth on Spanish soil. In both cases, the recipients are considered Spanish by origin.

The Spanish constitution allows individuals who had a natural-born Spanish national parent at the time of their birth to apply for Spanish citizenship by descent.

There are numerous examples under which jus sanguinis, and jus soli apply, including:

Children born in Spain to a Spanish father or mother
Children born abroad to a Spanish parent born in Spain
Children adopted by a Spanish national before their 18th birthday
Children born abroad with at least one grandparent who was born in Spain or who acquired Spanish citizenship at birth

If you have one Spanish parent who obtained citizenship by naturalization, you will not qualify for Spanish citizenship by descent (unless you are under 20 years old). If you were born in Spain to foreign parents, you would only be eligible for citizenship if your parents’ country of citizenship declined to grant you citizenship or after one year of residence in Spain.

It’s important to note that Spanish citizenship can be obtained through ancestry (such as having a Spanish parent or Spanish-born grandparent) or through parents and grandparents who are non-Spanish citizens if you were born in Spain.

It is also contingent on no final sentence conviction for committing a crime punishable by a significant prison term.

Other Ways to Obtain Spanish Citizenship

If you don’t hold a claim to Spanish citizenship by descent, there are alternative routes to Spanish citizenship.

Naturalization

Spanish citizenship by naturalization is when a foreign national becomes a Spanish citizen after residing in Spain for a specified period, generally through legal residency acquired through work permits or family reunification.

The naturalization period typically requires ten years of residency and Spanish citizenship tests, including a Spanish proficiency test and a test to prove knowledge of Spanish culture and customs.

Under Spanish citizenship law, citizens of certain European countries, Latin American countries, and other former Spanish colonies, such as Equatorial Guinea, can apply for citizenship by naturalization after two years of residency.

Marriage

Marriage Spanish citizens offers a simplified and fast-tracked path to naturalization. After your marriage is registered at a Civil Registry in Spain and you obtain Spanish residency, you’re eligible to receive Spanish citizenship after one year of residency. This residence must be legal, continuous and previous to the application.

Investment

Spain doesn’t offer a direct route to obtain citizenship by investment. However, the Spain Golden Visa program presents a viable path to eventually gaining Spanish citizenship by naturalization. A €500,000 investment through investment options such as purchasing Spanish real estate will qualify investors to obtain a Spanish residence permit under the Golden Visa.

The initial visa is valid for three years and can be renewed every five years, provided the investment is maintained. After five years of residency, Golden Visa holders can apply for permanent residency. Spain’s naturalization law requires an additional five years of residence to be eligible to apply for citizenship.

Can you hold dual citizenship in Spain?

While 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 are they from, can hold dual citizenship.

How to Get a Spanish Passport

After a successful Spanish citizenship by descent application, the next step is to apply for your Spanish passport. This travel document verifies your Spanish citizen status and grants you the freedom to move within the European Union and other countries worldwide. Here’s a step-by-step guide to obtaining a Spanish passport:

Eligibility: Ensure you have your Spanish citizenship by decent certificate as proof of citizenship. This would be required when applying for a passport.
Schedule an appointment: Contact the nearest Spanish Consulate in your country of residence or an official passport office in Spain. You’ll need to book an appointment for your passport application.
Prepare the necessary documents: Gather all the necessary documents. This typically includes your Spanish citizenship by decent certificate and a completed passport application form. The exact documents may vary depending on your location.
Attend the appointment: Attend the appointment in person. Here, you’ll submit your application and the necessary documents. You will also need to provide biometric data (like fingerprints and photographs).
Payment of fees: Pay the required application fee for the passport application. The fee can be paid at the Embassy or Police Station in Spain and is typically taken during your appointment.
Collection or delivery: After your application is processed and approved, you’ll receive your passport. The method of collection varies. Some Consulates might require you to pick up the passport in person, while others may offer delivery services.

Remember, Spanish passports are valid for ten years for adults over 30, five years for adults who obtained their passports before they turned 30, and two years for children under five.

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.

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Frequently Asked Questions about Spanish Citizenship by Descent

Can you apply for Spanish citizenship through ancestry?

Yes, you can apply for Spanish citizenship by descent if you’re able to validate your claim to Spanish heritage, which can be either through your parents or grandparents.

How do I get Spanish citizenship by descent?

For those wondering how to get Spanish Citizenship by Democratic Memory Law, the first requirement is that you have at least one natural-born Spanish citizen parent or grandparent.

Should you fulfill these eligibility criteria, you must present official documents proving your Spanish ancestry, which include:

Your birth certificate
Your Spanish parent’s or grandparent’s birth certificate, marriage/divorce certificate, or death certificate

Once these documents are ready, you can complete the official citizenship application form and submit it to the Spanish Consulate in your country of residency or a municipal Civil Registry office in Spain, alongside additional documents related to your specific situation.

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?

You can still apply for Spanish citizenship by ancestry, even if your ancestor is deceased. The key factor in the application process is providing the necessary documentation that proves your Spanish lineage.

This typically includes birth certificates, marriage certificates, death certificates and other relevant records that establish the familial connection to a Spanish citizen.

What is the two-year citizenship program in Spain?

Naturalization in Spain requires ten years of residency; however, citizens of former Spanish colonies are eligible for Spanish citizenship under the two-year rule.

For example, if you are a citizen of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or a person of Sephardic origin, you are eligible to obtain Spanish citizenship by naturalization in two years instead of ten.

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 should follow several steps. Carefully read the denial letter received from the Spanish authorities to understand the specific reasons why your application was denied. This letter will also indicate the deadline for filing an appeal.

It may be beneficial to consult with a lawyer who specializes in Spanish citizenship or immigration law. They can provide guidance specific to your situation and help you navigate the complexities of the legal process.

Gather all necessary documents and evidence that address the reasons for the denial. This may include additional proofs of your Spanish descent, corrections to any errors in your initial application, or new information that was not previously considered.

File the appeal within the timeframe specified in the denial letter. The appeal should be directed to the same authority that issued the denial, unless instructed otherwise. Make sure your appeal is thorough, addressing each point of contention with appropriate evidence and legal references.

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

To get Spanish citizenship by descent, you need to provide the following documents:

Your birth certificate
Your Spanish parent’s or grandparent’s birth certificate, marriage/divorce certificate, or death certificate

The most important part is proving your Spanish lineage.

Once you turn in the papers, and the authorities approve them, you’ll obtain your Spanish citizenship by descent.

More about Spanish Citizenship by Descent

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Spanish Citizenship by Descent: The Complete Guide