Spanish Citizenship by Descent

Spanish citizenship by descent is a legal route for eligible foreign nationals to acquire citizenship in Spain based on their ancestry.

Depending on your circumstances, you may qualify if your parent was a Spanish national, or if your family lost or was unable to pass on Spanish nationality due to historical events.

Your right to become a citizen in Spain by descent is based on what is known as the principle of ‘jus sanguinis’ (i.e., ‘right of blood’), meaning that nationality can be acquired through a family connection to a Spanish national rather than by place of birth.

However, adopted children of a Spanish family can also apply to become citizens in Spain through this route.

Page Contents

• What Is Spanish Citizenship by Descent?
• Democratic Memory Law: Spanish Citizenship by Descent
• Who Is Eligible for Spanish Citizenship by Descent?
• Other Routes to Spanish Nationality
• What Are the Benefits of Obtaining Spanish Citizenship by Descent?
• Can I Hold Dual Citizenship in Spain?
• What Documents Do I Need to Apply for Spanish Citizenship by Descent?
• How to Apply for Spanish Citizenship by Descent?
• How Long Does It Take to Obtain Spanish Nationality by Descent?
• How Much Does a Spanish Citizenship by Descent Application Cost?
• How Can Total Law Help?
• Frequently Asked Questions

On 21 October 2022, Spain introduced the Democratic Memory Law (‘Ley de Memoria Democrática’), commonly known as the Grandchildren’s Law.

It expanded the categories of people who may be eligible to apply for Spanish nationality by descent, allowing many descendants of Spanish nationals, including children, grandchildren and, in certain circumstances, great-grandchildren, to claim Spanish nationality where previous generations were unable to retain or pass it on.

The purpose of this legislation was to address the historical consequences of the Spanish Civil War and the subsequent Franco dictatorship by enabling descendants of Spanish nationals to recover their legal connection with Spain and, if applicable, pass their nationality on to future generations.

Depending on your circumstances, you may qualify if:

• You are the child or grandchild of a Spanish national who was exiled and lost or was unable to retain their Spanish nationality
• You are the child of a Spanish woman who lost her nationality as a result of marrying a foreign national under previous Spanish legislation
• You fall within another category specifically recognised under the Democratic Memory Law

Note that the Spanish nationality by descent application window under the Democratic Memory Law was closed on 22 October 2025.

However, if you had booked an appointment before the deadline and obtained an electronic receipt with a Secure Verification Code (CSV), you would be able to submit your documents in person on a later date to complete the process.

Article 11 of the Spanish Constitution explains the provisions for applying for citizenship in Spain through ‘jus sanguinis’ or ‘right of blood’.

Whether you qualify will depend on your individual circumstances and the Spanish nationality laws applicable in your case.

You may be eligible to apply if:

• You were born to a Spanish parent
• You were legally adopted by a Spanish national before the age of 18
• One or more of your parents or grandparents were Spanish nationals, provided you meet the relevant legal requirements
• You may qualify under the Democratic Memory Law if your parent or grandparent lost, renounced or was unable to transmit Spanish nationality due to exile or other historical circumstances. In certain cases, great-grandchildren of Spanish nationals may also be eligible (note that the application window for this route closed in October 2025)

Each application is assessed individually, and eligibility will depend on factors such as your family history, the dates on which Spanish nationality was acquired or lost (where relevant), and the documentation available to support your claim.

If you do not qualify for Spanish nationality by descent, you may still be eligible to apply through another legal route.

For example, nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal may apply for Spanish nationality after two years of legal and continuous residence in Spain, provided they meet all other legal requirements.

Other applicants may qualify for Spanish nationality through long-term legal residence, marriage to a Spanish national or other provisions under Spanish nationality law.

As the eligibility requirements for each of these options can be complex, seek legal advice to determine whether you qualify. A qualified immigration lawyer can assess your circumstances and advise you on the most appropriate route to Spanish nationality.

Obtaining Spanish nationality is highly valuable, as Spain is a member of the European Union (EU). As a result, becoming a Spanish national also grants you EU citizenship.

Some of the key benefits of becoming a Spanish national include:

• Right to live permanently in Spain without time limits or immigration restrictions
• Access to Spain’s public healthcare, education, and social security systems
• Freedom to work in Spain and across other EU Member States
• Ability to start or manage a business in Spain and throughout the EU
• Right to vote in Spanish and European elections, where applicable
• Freedom to live, work, and travel across the EU
• Ability to buy and rent property in Spain without the restrictions that may apply to non-EU nationals
• Ability to pass Spanish nationality (and EU citizenship) to your children, where eligible under Spanish law

Spain generally has restrictive rules on dual nationality. In most cases, if you obtain Spanish nationality, you will be required to declare renunciation of your previous nationality.

For British nationals, the general rule is that they may be required to formally renounce their British citizenship when acquiring Spanish nationality, depending on the route through which they apply.

However, the rules may vary depending on the specific legal basis for the application, such as nationality by descent, residence, or special provisions under Spanish law.

Dual nationality is, however, allowed for nationals of certain countries, including Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal. Citizens of these countries can become Spanish nationals without the requirement to renounce their previous citizenship.

The documents required for a Spanish nationality by descent application will vary depending on your individual circumstances and family history. Commonly required documents include:

• A completed Spanish nationality application form
• Your current, valid passport or an equivalent travel document
• Your full birth certificate
• Birth, marriage, divorce, or death certificates establishing your link to your Spanish ancestor
• Proof of Spanish nationality of the relevant ancestor (where available)
• Documents proving any relevant historical circumstances, where applicable (for example, under the Democratic Memory Law)
• Application fee payment receipt
• A criminal record certificate from your country of residence and any country where you have lived in the last five years
• Any additional supporting documents required to establish identity or lineage

Important Considerations for Supporting Documents

All foreign documents must generally be legalised or apostilled. They must also be accompanied by a sworn translation into Spanish carried out by a certified ‘traductor jurado’ (if not originally in Spanish).

Depending on the specific legal route, additional documents may be required. For example, applications made under the Democratic Memory Law may require evidence relating to the Spanish nationality status of the applicant’s ancestor and the circumstances under which it was lost or not transmitted.

The Spanish authorities, including the Civil Registry (Registro Civil), may request further documentation during the application process to verify the applicant’s eligibility and ancestry.

The process for applying for Spanish nationality by descent will depend on your individual circumstances and the specific legal route applicable to your case.

In most cases, applications may be submitted either at the Spanish Civil Registry (‘Registro Civil’) in Spain or, in certain situations, at the Spanish consulate in your country of residence.

Steps to Prepare Your Application

Before submitting your application, you must:

• Gather all documents proving your identity and family link to your Spanish ancestor
• Obtain birth, marriage, divorce or death certificates, where applicable, to establish your Spanish lineage
• Ensure that all foreign documents are legalised or apostilled
• Provide sworn translations into Spanish (‘traducción jurada’) for all non-Spanish documents
• Obtain a recent criminal record certificate from your country of residence and any country where you have lived in recent years, if required

Submitting Your Spanish Citizenship by Descent Application

Once you have collected all your required supporting documents, book an appointment to submit your application at the relevant authority in Spain or at a Spanish consulate in your country of residence if applying from outside Spain.

Processing times and procedures may vary depending on where the application is submitted and the complexity of the case. If you are unsure about the correct procedure or required documents, it is advisable to seek professional legal guidance to avoid delays or errors in your application process.

The processing time for Spanish nationality by descent applications can vary depending on the specific legal route, the authority handling the application, and the complexity of the case.

In some cases, Spanish authorities may take approximately 12 months or longer to issue a decision. However, the timeline may significantly increase depending on the workload of the relevant Civil Registry or Spanish consulate as well as the supporting documentation provided.

It is not unusual for applications to take two to three years or more in certain cases, particularly where additional documentation or verification of family history is required.

You should be aware that processing times are indicative only, and no guarantee can be given regarding the timeframe for a decision. So, it is recommended not to make significant life decisions based solely on expected processing times until you have received an official decision regarding your Spanish nationality by descent application.

The cost of applying for Spanish nationality by descent can vary depending on your individual circumstances, the route of application, and the authority processing your case.

There is no single fixed cost that applies to all applications. However, you should be aware of several types of potential expenses associated with the process, such as:

• Administrative fees required by the Spanish authorities or consulate, where applicable
• Fees for obtaining civil registry documents, such as birth, marriage, or death certificates
• Costs associated with legalisation or apostille of foreign documents
• Fees for sworn translations into Spanish
• Costs for obtaining criminal record certificates from relevant countries of residence
• Travel costs to attend appointments at a Spanish consulate or Civil Registry, if required
• Fees for obtaining a Spanish passport once nationality has been granted (if applicable)

Also note that costs can vary significantly depending on the number of documents required and the country in which you are applying.