Spanish Citizenship by Descent

Spanish nationality 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 at least one of your parents is/was a Spanish national.

Both biological and adopted children of a Spanish national can claim citizenship in Spain by descent.

The right to become a Spanish citizen by descent is based on what is known as the principle of ‘jus sanguinis’ (i.e., ‘right of blood’). It means that nationality in Spain can be acquired through your ancestry rather than by your place of birth (i.e., the principle of ‘jus soli’ or ‘right of the soil’).

Page Contents

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

Article 11 of the Spanish Constitution explains the provisions for applying for Spanish nationality 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

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.

Not sure whether you qualify for Spanish nationality by descent or through any of the alternative routes? Total Law can help.

US citizens or residents who do not qualify for Spanish nationality by descent, may still be eligible to apply for citizenship in Spain through another legal route.

For example, if you are from any of the Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, you may apply for Spanish nationality after two years of legal and continuous residence in Spain, provided you meet other relevant requirements.

Others may qualify for Spanish nationality through long-term legal residence, marriage to a Spanish national, or other applicable 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.

However, there are important exceptions established under Spanish nationality law. Dual nationality is allowed for nationals of certain countries, including Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal. US residents who are originally citizens of these countries can become Spanish nationals without renouncing their previous citizenship.

For US citizens, the general rule is that they may be required to formally renounce their American 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.

It is important to fully understand how obtaining Spanish citizenship may affect your current nationality status. Speak to our Total Law immigration specialists.

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 parent(s)
• Proof of Spanish nationality of the relevant ancestor (where available)
• Application fee payment receipt
• A criminal record certificate from your the US (i.e., your current 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

Depending on the specific legal route, additional documents may be required.

Important Considerations for Supporting Documents

All foreign documents must generally be legalised or apostilled. The US is a member of the Hague Apostille Convention. However, if you are a third-country national currently living in the US and your country of origin is not a member of the Hague Apostille Convention, you must get your documents legalised.

Also, if your documents are not originally in Spanish, you must provide a sworn Spanish translation for each of such documents, carried out by a certified ‘traductor jurado’.

The Spanish authorities, including the Civil Registry (Registro Civil), may request further documentation during the application process to verify your 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 the US.

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 the US and any country where you have lived in recent years, if required

Submitting Your Spanish Nationality 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 the US if applying from there.

Processing times and procedures may vary depending on where the application is submitted and the complexity of the case.

Total Law can help you avoid delays or errors in the application process. Call us if unsure about the correct procedure or required documents.

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 where you are applying from.

Call Total Law to get tailored legal advice on the likely total cost of your Spanish nationality by descent application.