Spanish Citizenship by Birth

For a Newborn

If you have a newborn who meets the eligibility requirements for citizenship by birth, the child can automatically acquire Spanish nationality after birth by following the steps outlined below:

Step 1: Register the Birth

If you have a child born in Spain, you should register their birth at the municipal civil registry in the region where the parent is resident, with the supporting documents, such as the parent’s passport. Ensure that your documents are complete and accurate. The healthcare provider, hospital, or adult present at the child’s birth can initiate the registration. The hospital is expected to do it within 72 hours after birth.

As a parent, you can begin registration within 10 days of the baby’s birth, which can be extended for another 30 days.  For children born abroad, the birth can be registered at the Spanish consulate in the child’s country of residence. For instance, if the child was born in the UK, you can register the birth at the Spanish consulate in London. A delay in registration can prevent the baby from exercising the right and benefit of being a Spanish citizen.

This registration establishes an official record of the baby’s birth. It also confirms their ‘right of blood’ if they are eligible. The date and method of acquiring citizenship are recorded in the civil register.

Step 2: Obtain the Birth Certificate

Once you have registered the birth, you should wait for the birth certificate to be ready. The processing time may vary from a few days to several weeks, depending on the location of your application and the volume of submitted applications. Once the child’s birth certificate is ready, you can choose to receive it in person or by mail.

Step 3: Obtain the DNI and Passport

Once you have obtained the birth certificate, you can then apply for a Spanish DNI (National Identity Document) and passport.

For an Adult

Step 1: Register at the Civil Registry

You must prove that at least one parent is Spanish, born in Spain to ‘stateless parents’, or that you meet other requirements. Visit the civil registry for registration. Once determined, an official record of your details will be registered in the civil registry.

Step 2: Obtain the Birth Certificate, Passport, and DNI

You can obtain your birth certificate after the registration at the civil registry.  To register, you must submit your supporting documents to prove your eligibility. For instance, you may need to submit an adoption document if you were adopted by a Spanish citizen or the passport of your Spanish parents. The processing time may take days or weeks. You will be contacted once it’s ready.  After you have obtained the certificate, you can then apply for a Spanish passport and DNI.

Contacting our immigration lawyers means getting expert support in completing the application process and ensuring your legal status.

Lost Spanish Records and Missing Documents

Applicants often encounter issues such as proving that their parents are Spanish. This can occur if the parents’ records are missing from the civil register due to incorrect details and documents provided by the applicant. This means that their birth cannot be verified. To process your application, you can get a literal birth certificate from the civil registry. To avoid a rejection of your application, you should provide all relevant documents, such as the passport of your parent and their birth certificate or baptismal certificate, to prove their nationality.

Inconsistent Names Across Certificates

Discrepancies in the provided names can result in rejection. For instance, the name on the parents’ birth certificate or any other document provided should match the record in the civil register. If a name has changed, a document must prove that the person is the same. A change of name, for example, requires a court order.

Missed Declaration Deadlines

Once it’s clear that you are eligible for Spanish citizenship by origin as an adult (over 18), you have 2 years to apply. If you can’t apply within the stipulated time, you can choose other options. For example, if you’re married to a Spanish citizen, you can apply for nationality by residency after one year of living together and obtaining your temporary residence permit. Your marriage certificate must be submitted to prove you are married.

Appeal Process Overview.

If you receive a denial of your application to claim nationality by origin, the reason will be stated. You can either reapply with the right documents or appeal the case if necessary.  Our experienced solicitors at Total Law can file an appeal on your behalf or reapply, depending on your situation.

Relinquishing Spanish Nationality

If you are not exempt, acquiring a foreign nationality means relinquishing Spanish citizenship and its associated benefits. According to Article 24 of the Spanish Civil Code, emancipated minors who reside outside Spain and are citizens of another country will lose their Spanish nationality after three years of frequently using the foreign one. This also applies if the minor is not emancipated and becomes an adult (18 years old). This can be avoided if you choose to retain your Spanish citizenship.

Retaining Your Spanish Nationality

Foreigners who are not exempt can avoid losing their Spanish nationality if, within three years, they declare at the civil registry that they wish to retain their citizenship. If you are already 18 years old, you have until the age of 21 to declare your intention to maintain your Spanish nationality. If you are over 21 and didn’t meet the stipulated deadline under Article 22, you can apply for citizenship once you obtain legal residence in Spain.

Do not hesitate to contact us for your Spanish citizenship application. Our Total Law immigration lawyers offer personalised and comprehensive services, ensuring that you obtain the necessary permissions for Spanish citizenship. Contact our Total Law team at +44 (0) 333 305 9375 to discuss your situation.