Spanish Citizenship by Descent: Guide for Canadians

Spanish citizenship by descent refers to routes by which eligible applicants may establish or acquire Spanish nationality through a qualifying family connection to a Spanish national.

These routes reflect the principle of jus sanguinis, meaning “right of blood”. Under Spanish nationality law, a person may be Spanish by origin if they were born to a Spanish father or mother, including when born outside Spain.

The rules depend on the applicant’s relationship to the Spanish national, that person’s nationality status, and the dates of the relevant births, marriages, nationality changes, and registrations.

Having a Spanish parent or grandparent does not automatically establish eligibility. Applicants must meet the requirements of the relevant nationality route and provide documents proving family connection and nationality history.

Page Contents

• What Is Spanish Citizenship by Descent?
• Democratic Memory Law and Spanish Citizenship by Descent
• Who Is Eligible for Spanish Citizenship by Descent?
• What Documents Do Canadians Need for Spanish Citizenship by Descent?
• How Do I Apply for Spanish Citizenship by Descent from Canada?
• How Long Does Spanish Citizenship by Descent Take?
• How Much Does Spanish Citizenship by Descent Cost?
• Can Canadians Hold Dual Citizenship with Spain?
• What Are the Benefits of Spanish Citizenship by Descent?
• Other Routes to Spanish Nationality
• How Can Total Law Help?
• Frequently Asked Questions

Spain’s Democratic Memory Law, formally known as Law 20/2022 of 19 October, came into force on 21 October 2022. It is also known as the Ley de Memoria Democrática.

The law introduced a time-limited route to Spanish nationality for certain people born outside Spain. This included people whose Spanish parent, grandfather or grandmother lost or renounced Spanish nationality as a result of qualifying exile.

The route also covered certain children born outside Spain to Spanish women who lost their nationality after marrying foreign nationals before the Spanish Constitution came into force in 1978. It also extended to some adult children of people who acquired Spanish nationality of origin under the Democratic Memory Law or the earlier Historical Memory Law.

The deadline for requesting an appointment under this route was 22 October 2025. New appointment requests have not been accepted since 23 October 2025.

However, applicants who requested an appointment before the deadline and received confirmation that their request was submitted in time may still be able to attend a later appointment and submit their documents.

They should keep the confirmation and any electronic verification details as evidence that the request was made before the deadline.

For Canadians who have only recently discovered their Spanish ancestry, this means it is not possible to assume that a new application can still be started under the Democratic Memory Law. Other routes to Spanish nationality may be available, depending on their family history and nationality status.

Spanish nationality law provides several routes by which a person may be recognized as Spanish or apply for Spanish nationality through a family connection.

You may have a route to Spanish nationality if:

• You were born to a Spanish father or mother
• You were adopted by a Spanish national before turning 18
• You were adopted by a Spanish national after turning 18 and exercised the right to opt for Spanish nationality within the applicable 2-year period
• You are the child of a parent who was originally Spanish and born in Spain, and you meet the requirements to opt for Spanish nationality
• Your circumstances fall within another current nationality provision that applies to your family history

A Spanish grandparent does not automatically confer Spanish nationality. Eligibility may depend on the relevant nationality provision, the dates and places of each birth, and whether the Spanish parent or ancestor retained Spanish nationality.

In some cases, it is necessary to establish when an ancestor acquired or lost Spanish nationality and whether Spanish nationality could pass to the next generation at that time.

If your claim relies on a parent, grandparent, or another ancestor, you will need documents that link each generation between you and the relevant Spanish national. These can include civil registration records, birth certificates, marriage certificates, and evidence of the ancestor’s Spanish nationality.

Having a Spanish-born parent or grandparent does not, by itself, establish that a Spanish nationality route is available.

There is no single processing time for Spanish citizenship by descent.

The timeframe depends on the nationality route, the Civil Registry or consular office handling the case, the completeness of the documents, and whether the Spanish authorities require further evidence to assess the applicant’s family history.

Spanish consular offices in Canada do not publish a standard decision timeframe for nationality-by-option or descent-related cases.

The Consulate General of Spain in Toronto directs nationality and Civil Registry enquiries to its dedicated departments, which reflects that these cases are handled through Civil Registry procedures rather than a standard visa processing timetable.

There is no single total cost for a Spanish citizenship by descent application.

Costs can depend on the nationality route, the countries that issued the supporting documents, and whether documents need to be apostilled, legalized, or translated.

Your expenses may include:

• Consular or administrative fees, where they apply
• Fees for obtaining birth, marriage, death, adoption, and other civil-status certificates
• Apostille or legalization costs for foreign documents
• Official Spanish translation fees where translations are required
• Travel costs for an in-person consular appointment, where required
• The fee for a Spanish passport, if you apply for one after Spanish nationality has been recognized or acquired

The overall cost will depend on the documents required and the facts of the application. Applicants should check the latest instructions from the Spanish consular office responsible for their place of residence before paying for document preparation or appointments.

Canadian citizens may be able to hold Canadian and Spanish nationality, but the rules depend on how Spanish nationality is acquired and the applicant’s individual circumstances.

Spain applies different rules to people of Spanish origin and to those who acquire Spanish nationality through an option or another nationality procedure.

Applicants aged 14 or over who acquire Spanish nationality by option may need to declare the renunciation of their previous nationality.

Spain does not require this declaration from people from certain countries, including Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, France, and Sephardic people of Spanish origin. Canada is not included in that group.

A declaration made for Spanish nationality purposes does not automatically determine a person’s Canadian citizenship status. Canadian citizens should check the legal effect of the declaration under both Spanish and Canadian law before applying.

Some Spanish nationals living outside Spain may also need to make a declaration to preserve their Spanish nationality in specific circumstances. The requirement can depend on where they were born, their parents’ nationality and place of birth, their age, and how they acquired Spanish nationality.

Because the consequences depend on the nationality route and the applicant’s circumstances, Canadian applicants should obtain advice that is specific to their case before making a nationality declaration.

Once Spanish nationality has been recognized or acquired, you can access the rights associated with Spanish and EU citizenship.

• Spanish nationals can live and work in Spain without applying for a separate visa, residence permit, or work permit
• They may also apply for a Spanish passport after completing the relevant steps in the Civil Registry and passport application processes.
• As a Spanish national, you are also an EU citizen. As an EU citizen, you can move to another EU Member State to live, work, study, seek work, or retire, subject to the conditions that apply to EU citizens in that country
• You do not need a work permit to work for an employer or as a self-employed person in another EU country
• For a stay of more than 3 months in another EU country, you may need to register your residence and meet conditions that depend on your circumstances. Students, for example, may need to provide proof of enrolment, sufficient resources, and comprehensive health insurance
• Spanish nationality may also be conferred on children in certain circumstances. Whether a child has or can obtain Spanish nationality depends on the family’s nationality history, the child’s place of birth, and the nationality rules in force at the relevant time.

Canadian citizens who do not qualify for Spanish nationality by descent may still have another route available to them.

Spanish nationality by residence may be an option for people who lawfully reside in Spain. The standard qualifying period is 10 years of legal, continuous residence immediately before the application.

A reduced 2-year residence period may apply to nationals by origin of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal, as well as Sephardic people of Spanish origin. This reduced period does not apply solely because an applicant is Canadian.

Some applicants may qualify after 1 year of legal residence. This can include a person who has been married to a Spanish national for 1 year at the time of application and is not legally or de facto separated. Marriage to a Spanish national does not automatically grant Spanish nationality.

Nationality by option may also be available to people who meet specific legal conditions. This can include certain people who were under the parental authority of a Spanish national, or whose parent was originally Spanish and born in Spain.

The requirements depend on the route and the applicant’s circumstances. An immigration lawyer can assess your family history, nationality status, and residence position and advise on the available options.