Spanish Citizenship by Descent
Foreigners may claim citizenship by descent in Spain through their Spanish parents. You may also be eligible to claim Spanish citizenship by descent through your Spanish grandparents if the ‘Grandchildren’s Law’ applies to your case.
If you are seeking more information on Spanish citizenship by descent, whether you are eligible, or how to apply, call us today on +44 (0) 333 305 9375 to speak with one of our expert immigration advisers.
What Is Citizenship by Descent in Spain?
Spanish citizenship by descent is a pathway for foreign nationals to apply for citizenship in Spain by virtue of having a Spanish family heritage. If you have Spanish citizen parents, grandparents or great-grandparents, you may be eligible to apply to become a Spanish citizen by descent, provided you meet all eligibility requirements and other related conditions of citizenship in Spain.
Your right to become a citizen in Spain by descent is based on what is known as the principle of ‘jus sanguinis’ (i.e., blood right). However, adopted children of a Spanish family can also apply to become citizens in Spain through this route.
Citizenship by Descent: Key facts
| Field | Summary |
|---|---|
| Route name | Nationality by descent / right of option (descent & Democratic Memory Law) |
| Who it targets | People born outside Spain whose parent, grandparent or (in some cases) great-grandparent was originally Spanish — including descendants of those who lost/renounced nationality due to exile. |
| Legal basis | Civil Code (Articles on nationality) and Law 20/2022 (Democratic Memory) — implemented by the DGSJFP Instruction of 25 Oct 2022. |
| Main benefit | Acquire Spanish nationality as origin (many cases) — European Union rights, passport, consular protection. |
| Where to apply | Spanish Civil Registry (Registro Civil) or Spanish consular offices if resident abroad. |
| Typical proof required | Birth certificates (applicant + ancestor), ancestor’s Spanish record (birth, passport, registration), marriage certificates, documents proving exile/renunciation (if applicable). |
| Deadline (special Democratic Memory route) | Extended deadlines have been published; the special application window under Law 20/2022 has been extended by Government decisions — applicants should check current expiry dates at consulates/Ministry pages. |
| Processing time (indicative) | Varies widely by registry/consulate and case complexity; statutory guidance and practice indicate substantial variation — officials publish local processing times. |
Page Contents
- What Is Citizenship by Descent in Spain?
- Benefits of Spanish Citizenship by Descent
- Who Is Eligible to Apply for Spanish Citizenship by Descent?
- New Grandchildren Law: Spanish Citizenship by Descent
- Documents Required for Spanish Citizenship by Descent
- How to Obtain Citizenship by Descent in Spain?
- Spanish Citizenship by Descent Processing Time and Fees
- What Happens After You Get Spanish Citizenship by Descent?
- Alternative Ways to Obtain Citizenship in Spain
- How Total Law Can Help
- Frequently Asked Questions
Benefits of Spanish Citizenship by Descent
A Spanish citizenship confers many rights and benefits on an individual not only in Spain but also in all of the EU Member States, including freedom to live, work and study in any of them.
A Spanish citizen will get additional rights in the country, such as access to public healthcare, social security benefits, right to vote, and right to run for a public office. As a citizen, you can also apply for a Spanish passport and enjoy visa-free travel to 193 countries.
Moreover, you will not ever have to worry about your visa/permit expiry or renewal in Spain as citizenship is a right for life. You will continue to have the same rights and privileges as enjoyed by Spanish citizens by birth.
Eligibility checklist
| Eligibility question | Yes → next step | Key documents to show |
|---|---|---|
| Was a parent or grandparent originally Spanish? | Proceed to prove parentage and ancestor’s Spanish status | Ancestor’s Spanish birth certificate or Spanish passport record; applicant’s birth cert linking to ancestor |
| Did that ancestor lose/renounce Spanish nationality because of exile (political/ideological/religious/sexual orientation)? | Use Law 20/2022 route (option). | Documents showing exile or loss/renunciation (emigration record, administrative act, sworn statement, historical evidence); Annexes required by Instruction (Annex I, V etc.). (BOE) |
| Is the applicant born in Spain to Spanish parents? | Usually already Spanish – check registration | Parents’ Spanish nationality records; Registro Civil entries |
| Is the applicant an adult child of someone who later obtained nationality by option under these laws? | There are provisions for adult children in some cases — check Instruction | Applicant’s birth cert; parent’s option documentation (registry order) |
Who Is Eligible to Apply for Spanish Citizenship by Descent?
Article 11 of the Spanish Constitution explains the provisions for applying for Spanish citizenship in Spain through ‘jus sanguinis’. To be eligible for obtaining Spanish citizenship by descent, you will need to have:
- At least one parent who is a Spanish national
- Both parents born in Spain
- Been adopted by a Spanish national before you turned 18
- Spanish grandparents
- A grandparent born in Spain (applicable only if you are a Latin American national)
- Have ancestors with citizenship in Spain
Previously, Spanish law only used to allow children (biological or adopted) of Spanish national parent(s), or of foreign parents born in Spain, to apply for citizenship by descent. However, this scenario changed in 2022 when the ‘Grandchildren’s Law’ (‘Ley de Nietos’) came into force.
New Grandchildren Law: Spanish Citizenship by Descent
On 21 October 2022, Spain introduced the Grandchildren’s Law to allow foreign nationals having Spanish grandparents (or great-grandparents) apply for Spanish citizenship by descent, provided they could fulfil specific conditions. The intention behind passing this law was to repair the damage caused to certain sections of Spanish citizens by the Civil War in Spain and the subsequent Franco dictatorship.
The following cases outline when and how you may claim citizenship in Spain by descent under the Grandchildren’s Law:
- If you were born outside Spain of parents or grandparents who were originally Spanish (you must be able to submit the literal birth certificate of your Spanish grandparents and/or parents)
- If you were born outside Spain of parents or grandparents who were originally Spanish but lost or renounced their Spanish nationality on account of having suffered exile for political, ideological, religious or sexual orientation and identity reasons:
- If they left Spain between 18 July 1936 and 31 December 1955, they would be presumed to have been exiled (and so must only prove their departure from Spanish territory during the said period)
- If they left Spain between 1 January 1956 and 28 December 1978, you must be able to produce documents proving that they were exiled
- If you were born outside Spain to a Spanish mother who lost their nationality because of marrying a foreigner before the enactment of the 1978 Constitution (you must be able to submit your mother’s birth certificate, her marriage certificate, and documents proving that she acquired her husband’s nationality following her marriage unless it was formalised before 5 August 1954)
- If you are above 18 and your Spanish parent’s nationality of origin was recognized by virtue of the right of option according to the Seventh Additional Provision of Law 52/2007 of 26 December or to the Eighth Additional Provision of Law 20/2022, the Grandchildren’s Law ((you must be able to submit the literal birth certificate of your Spanish parent)
- If you were born to a parent originally Spanish, born in Spain, who opted for Spanish nationality not of origin (by virtue of Article 20.1.b of the Civil Code)
- Minor children of those who have acquired Spanish nationality by application of the Law of Historical Memory, who opted, in turn, for Spanish nationality not of origin (by virtue of Article 20.1.a of the Civil Code) because they were under the parental authority of a Spanish national
Foreign nationals who obtain citizenship under the Grandchildren’s Law are entitled to enjoy all rights and benefits associated with Spanish citizenship for life. They can also pass the same to their future generations by descent.
Documents Required for Spanish Citizenship by Descent
The documentation requirements for a Spanish citizenship by Descent application will vary depending on your relationship with your Spanish ancestor(s) as well as your family history. Usually, you will need to arrange for the following supporting documents:
- Your Spanish parent’s birth certificate from a Spanish Civil Registry, a foreign Civil Registry, or a consular or municipal authority
- Your Spanish grandfather’s or grandmother’s birth certificate from a municipal Civil Registry in Spain
- Your concerned parent’s birth certificate linking them with your Spanish grandparent
- Your birth certificate
- Your mother’s marriage certificate, if applicable
- Death certificate of a parent or grandparent, where necessary
- Documents proving your ancestors were exiled from Spain, if applicable
- Any other documents to prove your Spanish ancestry
- Application fee payment receipt
- Your current, valid passport
- Documents proving legal residency, if applicable
- Criminal background check
- Document confirming that you have passed the DELE A2 and CCSE exams
- Your proof of employment in Spain
- An oath made by you at Civil Registry in Spain
Documents checklist
| Document type | Descent route (parent) | Democratic Memory route (grandchild / exile) | Notes |
|---|---|---|---|
| Applicant’s full birth certificate | Required | Required | Long-form, with parental details. Certified translation if not in Spanish. |
| Ancestor’s Spanish birth/passport/registro | Required | Required | If unavailable, alternative historical evidence accepted (e.g., census, notarial entries) — show chain of proof. |
| Ancestor’s loss/renunciation evidence | Not always | Required when relying on exile clause | Administrative decisions, emigration documents, consular records, or sworn declarations; the Instruction lists acceptable evidence. |
| Marriage certificates (ancestors) | Where name changes/lineage needs verification | Where relevant | Certified & translated as needed. |
| ID / passport of applicant | Required | Required | Valid ID for application and oath. |
| Proof of residence / application form / Annexes | Usually form + declaration | Annex I / Annex V etc. as per Instruction | See official forms in the Instruction (DGSJFP). |
How to Obtain Citizenship by Descent in Spain?
The Spanish citizenship by descent application has to be made in person. You may submit your application to the Central Civil Registry if you are already in Spain. If you are outside Spain, you can apply to the Spanish embassy or consulate in your country of residence. Please book an appointment to submit your citizenship application as early as possible, so as to avoid unnecessary delays in processing.
Start with filling up the concerned citizenship application form completely and accurately, and by signing the same. Please obtain all documentary evidence required to prove that you meet the eligibility criteria for Spanish citizenship through descent.
It is advisable to get in touch with your local consulate or civil registry to get a comprehensive list of all supporting documents required in your circumstances. Foreign public documents must be legalised and apostilled. Any document not in Spanish must be translated by a translator accredited by the Spanish Ministry of Foreign Affairs.
DELE A2 and CCSE Citizenship Tests
Before you can apply for Spanish citizenship, you will have to pass a Spanish language test called a DELE A2 test. In addition, you must pass the CCSE test, which is a Spanish citizenship examination testing your knowledge of the Spanish constitution and the country’s social and cultural practices.
There are accredited centres in Spain for both tests. If you are outside Spain, you can take the tests at the Spanish embassy or consulate in your country. It takes approximately three months to receive the test results. Please plan accordingly so that you have your test results with you in time to make your Spanish citizenship by descent application.
People from Latin American countries or who have attended a school or high school in Spain, are exempted from the DELE A2 test.
Blood Tests for Proving Spanish Ancestry
You may have to take blood tests for genetics to prove your Spanish bloodline officially. Such tests may be crucial in proving your family relationship with your Spanish ancestor, depending on your circumstances.
Spanish Citizenship by Descent Processing Time and Fees
Legally, the Spanish government may take up to one year for processing a Spanish citizenship by descent application. However, this timeline often stretches beyond that legally stipulated period. It is not unusual for a citizenship by descent application to take two to three years to be processed in Spain.
The non-refundable, application processing fee varies from €60 to €100. However, depending on your circumstances, the cost may go up (e.g. if you are required to submit additional documents to support your Spanish ancestry claim).
Step-by-step process
| Step | Action | Where / notes |
|---|---|---|
| 1 | Gather documents proving ancestry, births and (if relevant) exile/renunciation. | Start early — older records may take time. |
| 2 | Complete required forms / annexes (Instruction: Annex I, Annex V etc.). | Instruction 25 Oct 2022 lists forms for Democratic Memory route. |
| 3 | Submit application to Registro Civil (in Spain) or Spanish consulate (abroad). | If abroad, consular office normally forwards to Central Civil Registry / competent registry. |
| 4 | Admin checks documents; may request additional evidence or interviews. | Expect follow-up requests; consulates publish additional local requirements. |
| 5 | Oath / pledge (juramento/solemn promise) before authority when required. | Typically required to confirm allegiance to King and Constitution. |
| 6 | Decision & registration of nationality; issuance of nationality certificate and then passport. | Times vary; keep copies of all submissions and official receipts. |
What Happens After You Get Spanish Citizenship by Descent?
If your Spanish citizenship by descent application is approved, you will need to take an oath of obedience to the Spanish constitution and laws at the Civil Registry or before a notary. During this oath-taking ceremony, you will also have to swear your loyalty to the King of Spain. You can apply for a Spanish passport after becoming a citizen.
If you are allowed to keep your original nationality, please ensure you use your Spanish passport if you travel abroad within three years of becoming a citizen in Spain by descent. Otherwise, the nearest Spanish consulate may begin a withdrawal process.
Alternative Ways to Obtain Citizenship in Spain
If you do not meet the Spanish citizenship by descent eligibility criteria, you may explore other options such as obtaining Spanish citizenship by residency or by marriage. After spending a required number of years as a resident in Spain, you may apply to become a citizen by naturalisation.
On the other hand, you may acquire Spanish citizenship by marriage if you are married to a Spanish citizen and have applied for residency in Spain. In both cases, you will need to fulfil additional criteria to be eligible to apply.
Quick comparison of main routes
| Route | Who qualifies (short) | Main requirement(s) | Where to apply |
|---|---|---|---|
| Nationality by descent (general) | Child of a Spanish parent (born in or out of Spain) | Parent’s Spanish nationality established at birth; applicant’s birth certificate linking them | Registro Civil or Consulate |
| Right of option (pre-existing Civil Code option routes) | Children or grandchildren of Spaniards in defined historical cases | Formal option declaration; conditions depend on each option provision | Registro Civil |
| Law 20/2022 — Democratic Memory (grandchildren / descendants) | Born outside Spain of parent/grandparent who originally were Spanish and lost/renounced due to exile/political reasons; plus certain daughters of Spanish women who lost nationality by marriage | Documents proving ancestor’s Spanish origin and loss due to exile/renunciation; completed official annexes/forms in Instruction | Registro Civil / Consular Registry |
| Other special cases (e.g., historic feminine loss) | People whose Spanish ancestor lost nationality through marriage before 1978 | Evidence of marriage and loss of nationality, genealogical proof | Registro Civil |
How Total Law Can Help
Becoming a Spanish citizen by descent comes with many terms, conditions and what-if situations, with the eligibility criteria varying depending on your relationship with your Spanish ancestry (i.e. parents, grandparents or great-grandparents) and your family’s historical circumstances. A thorough understanding of, and clarity about, the associated rules and regulations can at best be confusing for common people if not outright challenging.
Arranging for sufficient documentary evidence supporting your citizenship by descent claim can also prove to be a challenging and time-consuming process, especially if you are claiming citizenship based on the provisions as outlined in the Grandchildren’s Law.
It is, therefore, highly recommended to consult an expert immigration lawyer if you are planning to apply for citizenship in Spain through descent. If you are seeking expert advice on how to proceed with your Spanish citizenship by descent application or regarding what other options you may explore to obtain citizenship in Spain, our Total Law team of immigration advisers can guide you throughout the process.
Call us today on +44 (0) 333 305 9375 to understand how our Total Law team can help you.
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Related pages for your continued reading.
Frequently Asked Questions
It may be possible for you to retain your original nationality after becoming a Spanish citizen by descent if you are from a Latin American country, or from a country that has historical and cultural ties with Spain (e.g. The Philippines or Equatorial Guinea), or are a Sephardic Jew.
If you do not get to hear anything for 12 months after submitting your citizenship application, it may have been rejected due to administrative inaction. You can lodge an appeal with the Spanish Ministry of Justice (or with your nearest Spanish consulate if you are outside Spain). Usually, a response is given within three to four months from the date of filing your appeal.
