Spanish Citizenship by Descent

Spanish citizenship by descent is available for foreign individuals who have a right to Spanish naturalization due to ancestry. It is usually offered to the children or grandchildren of Spanish nationals, or those who were adopted or otherwise under the legal guardianship of a Spanish parental figure.

As part of the application process, you will need to prove that your Spanish mother, father, grandparent, or another qualifying family member meets the specific eligibility criteria that may qualify you for citizenship. This can be a complex process, as depending on your family migration history, certain scenarios may be harder to trace and find evidence for than others.

Nevertheless, with the help of birth records, DNA evidence, and an immigration lawyer, this may be one of the more convenient routes towards obtaining citizen status in Spain as it offers fewer time-based restrictions, especially when compared to the general residence-based naturalization path which requires ten years of residence in Spain before becoming available.

As a Spanish citizen, you will be allowed to vote in local and national elections. You will also have the freedom to travel without visa restrictions within the Schengen region, allowing you to explore other countries in the European Union or in the European Economic Area.

Page Contents

• Overview of Spain’s Citizenship by Descent
• The Grandchildren’s Law in Spain
• Ancestry Requirements for Citizenship by Descent in Spain
• How to Prove Your Spanish Ancestry?
• Documents Required for Spanish Citizenship by Descent
• Applying for Spanish Citizenship by Descent
• Attending Your Citizenship Ceremony
• Fees for Spanish Citizenship by Descent
• Processing Times for Spanish Citizenship by Descent
• Spanish Citizenship Tests
• Dual Citizenship in Spain
• Benefits of Obtaining Spanish Citizenship by Descent
• Alternative Ways to Apply for Spanish Citizenship
• How Can Total Law Help?
• Frequently Asked Questions

In October of 2022, the Spanish government passed what is referred to as the Grandchildren’s Law.

Thanks to this, Spanish citizenship by descent is now not only available to children with Spanish parents but also to grandchildren of Spanish nationals.

To be eligible for Spanish citizenship by descent you must have a close relative such as your parent or grandparent who were Spanish citizens.

At a glance, one or more of the following should apply:

• You have a Spanish father or mother
• You have a grandparent who is a Spanish national
• Both of your parents were born in Spain
• You have an adoptive parent who is a Spanish national – You were adopted before you turned 18 years old
• You are Latin American and have a grandparent who was born in Spain
• Your Spanish ancestors have citizenship in Spain

Usually, you will need to prove your relationship to a close family member with Spanish roots to qualify. This will normally be a parent or grandparent but under some circumstances, a different legal guardian who had official custody of you before you turned 18 years old also counts.

You may also apply if you have a grandmother who was born in Spain but married a foreign national before the 1978 constitution came into effect.

If you were born outside of Spain because your parents or grandparents who had Spanish nationality were exiled and had to leave Spain you may also qualify. You will have to provide evidence of these circumstances and your relationship to your Spanish relative when applying.

When applying for this naturalization pathway, it is essential that you are able to prove your relationship to a close Spanish ancestor.

To do so, you will generally need to show a variety of documents such as birth records.

You may also be required to take a blood test to show that you and your relative are actually related by checking your genetics.

If you are unsure if your relative qualifies you for citizenship by descent or if you want advice on how best to prove this, you may benefit from consulting with an experienced immigration specialist.

Our team of immigration lawyers at Total Law have years of experience with the Spanish ancestry immigration program and will be happy to assist you with every step of the journey.

You can call us today at +1 844 290 6312 for immediate support.

When applying for a Spain citizenship by descent permission, you will need to prove that you qualify by providing a selection of documents as evidence.

Depending on your application path and familial circumstances, the documents may vary greatly, but in general, the goal is to confirm your personal details and to prove your relationship to a qualifying Spanish relative.

You will need the following documents:

• Your valid passport
• Details of any current residential permits you might have
• Your signed application form
• Your birth certificate
• The birth certificate of your Spanish parent or grandparent. (Issued by a Spanish Civil Registry, a foreign Civil Registry, a consular, or a municipal)
• Document that details the exile status of your grandparent, if applicable
• Any relevant marriage certificates of you or your relatives
• A death certificate, if the relative you are applying under has passed away
• Your DELE A2 and CCSE passing certificates
• Receipt of payment for your application fee
• Details of your employment in Spain, if applicable
• Your sworn oath at the Civil Registry

If you were adopted or otherwise in the legal care of another Spanish individual in your childhood you will need to submit details and evidence of this association to a Spanish national if you wish to qualify through their status.

You may also be required to provide additional details about yourself to show that you are not a risk to the general public interest in Spain. As such you may need to show that you have not been involved in any criminal activities by providing a clear criminal record certificate.

Additionally, you may be asked for a medical certificate that confirms that you have no serious health condition that may pose a risk to the Spanish healthcare sector.

Before you apply for citizenship by descent, you should make sure that you understand your eligibility pathway and that you have gathered all the required documents.

You may apply from Spain directly with the Central Civil Registry, but if you are not yet in the country you can submit your application to your nearest Spanish consulate or embassy.

In the US, this will likely be the Spanish embassy in Washington or one of the Spanish consulates in Boston, Chicago, Houston, Los Angeles, Miami, New Orleans, New York, or San Francisco.

If your application for Spanish citizenship by descent is approved, you will need to attend your citizenship ceremony. Here, you will need to give an oath of obedience and agree to adhere to local laws and the Spanish constitution.

Your citizenship ceremony may be overseen by a qualified Spanish notary or you may attend the Civil Registry, but the latter option can often take longer due to high demand in certain areas.

This is especially true if you are located in one of the bigger cities in Spain.

When applying for Spanish citizenship by descent, you will need to pay your application fee. This fee tends to sit at around €80 but is subject to change, usually ranging between €60 and €100, depending on the circumstances of your application.

Keep in mind that you will likely have additional costs, such as the cost for the citizenship tests which will be around €130 and €85 each.

Applying for a Spanish passport usually costs €30.

Applying for Spanish citizenship by descent can be a lengthy process and you should expect for your application to take months and up to two to three years.

It is imperative that you take great care when submitting your application, as any mistakes or missing details can lead to additional delays or even rejection.

An immigration lawyer can help you make sure that your application is not lacking anything before you submit it.

Unfortunately, Spain generally doesn’t allow dual citizenship for foreign nationals who are applying to obtain Spanish citizenship. As a US citizen, you will have to give up your US citizenship if you want to obtain citizen status in Spain.

Some exceptions are made for citizens of certain areas, including EU and EEA nationals and citizens of a Spanish-American country, including Andorra, Equatorial Guinea, or the Philippines. If you are simply a US resident but have one of the above nationalities, you may be eligible for Spanish dual nationality.

The main benefit of Spanish citizenship by descent is that it allows you to fast-track your Spanish citizenship application. While most of the other paths to citizenship require you to have lived in Spain for a significant duration prior to becoming eligible, you will be able to apply for citizenship by descent immediately, given that you can prove your direct Spanish ancestry.