Requirements to obtain Spanish nationality

Spanish nationality can be obtained by origin, option or by residence.

Who is Spanish by origin?

· Those born of a Spanish father or mother

· Those born in Spain from foreign parents, if at least one of them was born in Spain.

· Those born in Spain from foreign parents if neither can grant the child a nationality.

· Those born in Spain, with undetermined filiations.

· Foreigners, under the age of 18, that are adopted by a Spanish citizen.

How can Spanish nationality be obtained through residence in Spain? Who is entitled to it?

Any foreigner with legal residence in Spain can apply. However, there are specific exceptions:

· Political refugee: 5 years of residence in Spain.

· Latin American, Andorra, Philippines, Equatorial Guinea, Portugal and Sephardi citizens: 2 years of residence in Spain.

· Born within Spanish territory or married to a Spanish citizen: one year of residence in Spain.

· Born outside Spain, father or mother originally of Spanish origin: 1 year of residence.

· Those who have been legally under the tutelage, guardianship or protection of a Spanish citizen or institutions during two consecutive years, even if they continue in this situation at the moment they present the application: 1 year of residence in Spain.

· Widows or widowers of a Spanish spouse if, at the death of the spouse, no legal or "de facto" separation exists: one year of residence.

What is required to obtain Spanish nationality through residence in Spain?

Proof of residence in Spain during the determined period of time, this will vary depending on nationality or other personal circumstances.

What does obtaining Spanish nationality by consolidation mean?

To acquire it by the possession and continued use in good faith during a minimum of ten years of a title registered at the registry of births, marriages and deaths.

What is required to obtain Spanish nationality by consolidation?

Having maintained the use of Spanish nationality, having behaved as a Spanish citizen, as much in the enjoyment of rights as to the fulfillment of duties.

What does "option to Spanish nationality” mean "?

It is the right to obtain Spanish nationality by those of different nationality.

Who can opt for Spanish nationality?

· Individuals whose filiations or birth in Spain has been determined after their 18th birthday.

· A person who is or has been subject to the guardianship of a Spanish citizen.
Those whose father or mother was originally a Spanish citizen and born in Spain. A person, older than 18 years, adopted by a Spanish citizen.

Necessary documentation for the application for Spanish nationality by option:

· Nationality by residence or marriage

· Necessary documentation:

· Birth certificate (translated into Spanish, if the not in Spanish originally), legalized by the Spanish consul in the country of origin or by Apostille or “Plurilingue”.

· Certification from the police department of being documented as a foreigner.

· Complementary declaration of citizen behavior (documentation supplied at the registry and complemented the same day when the expedient is presented).

· Cohabitation certification (issued by city hall).

· Penal record certificate (by a document supplied by the archives and which has to be sent to the "registro central de penados y rebeldes" of Madrid or that can be obtained at the Bilbao government delegation).

· Certification obtained at the corresponding consulate stating registration.

· Birth certificate of the Spanish spouse and marriage certificate.

Once all documentation is ready, the interested party must go to a registry of births, marriages and deaths accompanied by their spouse and two Spanish witnesses over 18 years of age.

It is important to note that certifications 1, 2, 3, 4, 5, 6, and 7 are valid for three months.

Nationality by residence

The application for Spanish nationality by residence must be applied for at the registry of births, marriages and deaths in charge of the jurisdiction in which the applicant is addressed at.

There is an application form for nationality by residence which is a guide to complete the forms. This guide can be obtained through the Internet or requested at the "Servicio de Nacionalidad" - nationality services department at the Ministry of Justice:

Address: c/Rios Rosas, 24
28003 Madrid
Telephone : +34 913 904 839

Opening hours are Monday to Friday 09.00 to 17.30 hrs and 09.00 to 14.00 hrs. on Saturday. In Summer, July 1. to August 31, opening hours are Monday to Friday 8.00 to 15.00 hrs and 08.00 to 14.00 hrs. on Saturday.

The form may also be requested via mail or telephone.

Documents required for the application for Spanish nationality by residence:

· Residence card: time of residence is to be counted as from the day residence card was solicited.

· Legalized birth certificate, (translated if not originally in Spanish) or, with Apostille issued by Spanish consul in country of origin or consul of country of origin in Spain.

· Certification from the police department of being documented as a foreigner.

· Census certification (issued by city hall).

· Penal record certificate (by a document supplied by the archives and which has to be sent to the "registro central de penados y rebeldes" of Madrid or can be obtained at the Bilbao government delegation).

· Certification obtained at the corresponding consulate stating registration, not over three months old unless document bears validity date beyond three months.

If the applicant’s grandparent is a Spanish citizen the time of required residency is reduced to 1 (one) year. For this purpose the legal birth certificate of the Spanish grandparent must be shown.

Once all documentation is ready, the interested party must go to a registry of births, marriages and deaths accompanied by their spouse and two Spanish witnesses over 18 years of age.

It is important to note that certificates 3,4,5 and 6 are only valid for three months.

Addressed and telephones of registries of births, marriages and deaths:

How can Spanish nationality be lost?

Spanish nationality is lost by those that live overseas and :

· voluntarily acquire another nationality or,

· exclusively use the foreign nationality acquired before the emancipation.

Loss of Spanish nationality occurs once three years have elapsed from the acquisition of foreign nationality or as from the emancipation date. Its loss can be avoided by declaring the desire to keep it.

The acquisition of Latin America, Andorra, Philippines, Equatorial Guinea or Portugal nationalities does not bear the loss of Spanish nationality.

In any case, Spanish nationality is lost by emancipated Spanish citizens that expressly resign to it, as long as they have another nationality.

Nationality is also lost, if and when the person is not Spanish by origin, when:

· Condemned to its loss by firm sentence.

· Voluntarily enter the armed forces or occupy a governmental position in a foreign state against the express prohibition of the Spanish government.

· When, for a consecutive period of three years, the person exclusively uses the nationality which they declared they would resign to when applying for Spanish nationality.

How can Spanish nationality be recovered?

It is possible to recover Spanish nationality if and when following requirements are complied with:

· Being a legal resident in Spain (this requirement may be waived.)

· The applicant must declare their will to recover Spanish nationality at a registry of births, marriages and deaths.

· The recovery must be registered at a registry of births, marriages and deaths.

The Government’s approval is necessary to recover nationality in the following cases :

· When the person was condemned to its loss by firm sentence.

· When the person voluntarily entered the armed forces or occupied a governmental position in a foreign state against the express prohibition of the Spanish government.

· When, for a consecutive period of three years, the person exclusively used the nationality which they declared they would resign to when applying for Spanish nationality.

Sources:

Asmoz Foundation (Eusko Ikaskuntza)

Justice Ministry, Spain

http://www.nju.es

htpp://emigracionlegal.com