Spanish Citizenship By Option
Spanish citizenship by option allows a non-Spanish national to obtain citizenship if they can demonstrate strong familial or parental ties to Spain. It affords holders the rights of a Spanish citizen, including the ability to reside permanently without restriction and to travel freely within the EU.
To obtain Spanish nationality through the citizenship by option route, or to determine if you are eligible for Spanish citizenship, speak with one of our lawyers. Call us at +44 (0) 333 305 9375 or contact us online today.
What is Spanish Citizenship by Option (Nacionalidad por Opción)
Spanish citizenship by option is a pathway to citizenship through a familial connection to a Spanish citizen. Individuals eligible to apply include:
- Those under the parental authority of a Spanish citizen
- Children of parents who were Spanish citizens or who were born in Spain, and
- Children adopted by Spanish parents after turning 18, are eligible to apply.
The legal basis for obtaining Spanish citizenship by option is outlined in Article 20 of the Spanish Civil Code. Citizenship by Option applicants living in Spain must apply to the Ministry of Justice Civil Registry, or a Spanish consulate if they live abroad. As part of the process, applicants must renounce their prior citizenship, unless they are citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or France.
Individuals who obtain Spanish citizenship by option will retain all the legal rights of citizenship, including holding a Spanish passport, free travel within the European Union, the right to vote in elections, and the right to live and travel in and out of Spain without restrictions. A Spanish citizenship by option holder can also transfer their nationality to their children.
Page Contents
- What is Spanish Citizenship by Option (Nacionalidad por Opción)
- How Does Citizenship by Option Differ from Other Citizenship Pathways?
- Legal Framework for Citizenship by Option
- Who Can Apply – Categories Explained
- Step-by-Step Application Process for Spanish Citizenship by Option
- Required Documentation & Formalities
- Spanish Citizenship by Option Fees
- Spanish Citizenship by Option Processing Time
- What Happens Upon Approval?
- Common Mistakes, FAQs & Tips
- How Total Law Can Help
- Frequently Asked Questions
How Does Citizenship by Option Differ from Other Citizenship Pathways?
Spanish Citizenship By Descent (Origin)
Spanish citizenship by origin grants citizenship automatically at birth. Unlike citizenship by option, holders do not need to undergo an application process; they only have to register their birth at the civil registry. As such, it is considered the easiest way to obtain Spanish citizenship.
This route also applies if an individual was born to a Spanish parent anywhere in the world, or if they were born in Spain and at least one parent was born in Spain. It also applies in specific cases where a child born in Spain would otherwise be stateless due to their parents’ nationality laws.
Citizenship By Royal Decree
The Spanish government can grant citizenship by Royal Decree to individuals who meet the eligibility requirements. The specific criteria include demonstrating a strong case of exceptional circumstances, such as those related to sport, culture, art, humanitarian solidarity, and other areas. In this case, they do not need to meet any citizenship-by-descent requirements.
Spanish Citizenship By Residency
To acquire Spanish citizenship by residency, an applicant must have lived in Spain for up to ten years, depending on their circumstances.
Individuals can apply for citizenship under this route within one year of living in Spain if they are married to a Spanish national (also referred to as Spanish citizenship by marriage) and have lived in one year of living in Spain.
They can also apply if they were born in Spanish territory, and have been legally placed in the custody, foster care, or guardianship of a Spanish national or institution for two consecutive years.
They must also have lived in Spain for at least 2 years if they are a citizen of a Latin American country, Andorra, Equatorial Guinea, or the Philippines. An individual with refugee status must have lived in Spain for five years. A person applying for Spanish citizenship by residency must have shown good behaviour and gained an understanding of the Spanish language, among other requirements.
Spanish citizenship by option differs from the residency pathway in that it requires no form of legal residence in Spain. Additionally, citizenship by option offers a faster process towards obtaining Spanish nationality.
| Route | Eligibility Criteria | Processing Time | Common Pitfalls | Idea For |
| Citizenship by Spanish Origin/Descent | Born to a Spanish parent, regardless of the place of birth | Birth registration takes anywhere from a few weeks to a few months | Often confused with the citizenship by option route, and missing or incomplete parents’ birth records | Individuals whose parents or grandparents are Spanish nationals or were originally Spanish |
| Citizenship by Option | Individuals who have been under the parental authority of a Spaniard | Six months to one year, depending on individual circumstances | Lack of apostille or certified translation, and missing the submission deadlines. | Persons who have a strong family or legal link to Spain but are not citizens by origin. |
| Spanish Citizenship by Residency | Persons who have resided in Spain for up to 10 years, or who meet other shorter purpose-specific residency requirements | One to three years | Insufficient continuous residence, extended absence from Spain, and failing CCSC/DELE exams. | Long-term residents of Spain without Spanish parents |
| Citizenship by Royal Decree | Exceptional individual in arts, culture, sports, or a person of national interest | No consistent time limit | Highly discretionary method | Individuals with extraordinary achievements linked to Spain |
Legal Framework for Citizenship by Option
The legal framework for Spanish citizenship by option is contained in Article 20 of the Civil Code, which states that: “Persons who have been subject to the parental authority of a Spaniard, and those comprised within the last sections of articles 17 and 19 [of the Civil Code] shall be entitled to opt for the Spanish nationality.”
The framework also applies to children of Spanish citizens whose mothers lost their nationality because they married a foreigner before 1978.
In addition, the Democratic Memory Law 20/2022 lists as eligible persons born outside Spain whose parent or grandparent was a Spanish citizen who was forced into exile for political or ideological reasons and thereby lost their Spanish citizenship. However, the deadline for new applications under the Democratic Memory Law ended on October 21, 2025.
Who Can Apply – Categories Explained
A Child of a Spanish Parent Born in Spain
Individuals whose parent is a Spanish citizen born in Spain but did not automatically acquire citizenship at birth can apply for citizenship by option. This could happen if the parent lost their Spanish citizenship before the child’s birth. It could be due to registration issues at a Spanish consulate, such as if the child’s birth was not registered with the civil registry, resulting in no birth record.
The reason could also be outdated nationality laws that restricted the transmission of citizenship at the time. An individual can qualify for citizenship by option through this route regardless of whether they were born in Spain or abroad.
Children Born Abroad by Spanish Mothers who Lost Their Citizenship Through Marriage Before 1978
Before 1978, Spanish women who married foreigners were typically stripped of their Spanish citizenship. Therefore, their children would not be eligible for citizenship. In the spirit of equality and non-discrimination, this category aims to address gender injustice. Individuals whose mother lost their nationality through this process can apply for citizenship by option through the legal process.
Minors Under the Guardianship of a Spanish National
A child under the guardianship of a Spanish national as a result of a court-awarded custody or appointed guardianship due to the child being an orphan or the parents being incapacitated, can apply for citizenship by option. This includes cases in which none of their legal parents is/were Spanish. In this case, the citizenship application must be submitted before the child turns 18.
A Child Adopted by Spanish Nationals After Turning 18
An individual adopted by a Spanish national after turning 18 may be eligible for Spanish nationality by option. They must apply for citizenship within two years of their adoption date. For example, a 21-year-old individual who was adopted at age 20 by a Spanish national is eligible to apply, provided that the adoption is legally recognised under Spanish law.
A Child Whose Filiation Took Place After the Child Turns 18
An individual who recognises their parent-child relationship after turning 18 may be eligible for Spanish citizenship by option. For instance, if an individual is involved in a legal parental dispute in court, and it is established that they are the child of a Spanish citizen. In that case, they can apply for and be granted citizenship by option.
Children Born in Spain who are Stateless
A child born to parents who are not Spanish citizens, and who are citizens of a country that does not recognise the nationality of a child born abroad, and therefore would be otherwise stateless, may be eligible for Spanish citizenship by option. The child’s parents can apply for Spanish citizenship on the child’s behalf.
Summary of Eligibility for Citizenship by Option
A breakdown of different applicant categories and their deadline or renunciation requirements is below:
| Applicant Category | Special Deadline or Condition | Does Renunciation Apply? |
| Children of a Spanish citizen whose parents were Spanish at birth. | They must apply before 18 or within two years after reaching majority age | Yes |
| Child of a parent who acquired Spanish nationality after their birth | Two years after the parent obtained Spanish nationality, or after the child reaches legal age | Yes, unless exempt |
| Individuals under the guidance of a Spanish citizen | Applicants can apply while the guardianship exists, or within two years after it ends | Yes, unless exempt |
| Persons adopted by Spanish citizenship after age 18 | Must apply within two years after the adoption is finalised | Yes, unless exempt |
| Individuals whose filiation or parentage was established after 18 | Two years after the finalisation of their filiation | Yes, unless exempt |
| Descendants applying under historical laws | Deadlines set by the specific law | Most cases don’t require renunciation |
| Child born in Spain under the presumption of nationality | Not required |
Step-by-Step Application Process for Spanish Citizenship by Option
You can apply for Spanish citizenship by option using this process:
Step 1: Verify that you meet the Eligibility Requirements.
Evaluate your situation across the eligibility categories to ensure you meet the requirements. By assessing your situation, you may also establish eligibility through another route if you do not qualify by option.
Step 2: Gather the Required Documents
Compile the relevant documents, including the applicable forms. You will need to apostille and legalise documents such as birth certificates. Additionally, you should translate documents into Spanish using the services of a sworn translator. Ensure to complete and include the relevant application forms.
Step 3: Submit your Application
You should submit your application to the Spanish Civil Registry if you are a resident of Spain. If you reside abroad, apply to the Spanish consulate in your home country.
If you are applying for a child under 14, you can do so in your current location, regardless of where the child is based. For example, if the child resides in Spain while you reside abroad, you may submit your application at your foreign address.
Step 4: Attend the Interview
You may be required to attend an interview with the Spanish Birth Civil Registry, during which you will be asked to explain your relationship to Spain and to provide relevant additional details. Minors under 18 are typically not required to attend interviews, but those aged 14 or older may be summoned to one.
Step 5: Await the Decision
The authorities will review your application and may request additional documents if required. After the review period, they will respond with a decision.
Who Can Exercise the Option?
A legal representative must formalise the citizenship-by-option application for individuals under 14 years of age. If they are 14-17 or disabled, they must complete the process themselves, with assistance from a legal representative if their disability sentence permits it.
Persons aged 18 or older, or emancipated, must formalise the process themselves. An emancipated person must exercise the right before they turn 20, or two years after the age of the majority in their personal law.
Required Documentation & Formalities
Overview
The formalisation process for Spanish citizenship by option involves organising and submitting the required documents to the relevant authorities. These are all the documents required:
- Completed Spanish citizenship application forms, either Registry, ANEXO I, or ANEXO II forms, whichever applies to your situation
- Passport or other identity documents
- Applicant’s birth certificate
- Parent(s) literal Spanish birth certificate or proof of nationality
- Marriage certificate (if applicable)
- Applicant’s certificate of residence
- Document proving loss/exile/or renunciation in Memory Law cases
- Power of attorney from parents for children under 18
- Notarial authorisation (if applicable)
Adoptive applicants must provide their adoption decree, and those applying based on filiation must provide relevant evidence of filiation. Minors under the guardianship of a Spanish citizen must include a court order or a guardianship decree with their application. Parents or guardians must also provide proof of their Spanish citizenship at the time of their children’s or wards’ application.
Documents Apostillation/Legalisation and Translation
Foreign-issued documents must be apostilled/legalised before submission for the Spanish citizenship application. Legalisation means obtaining a foreign stamp on the document from the Ministry of Foreign Affairs of the issuing country, or from another authorised professional, to attest to its authenticity and to enable it to serve as legal tender in Spain.
Apostille and legalisation are similar terms, but the former applies to countries that are subject to the Hague Apostille Convention.
Documents in a language other than Spanish must be translated for use in the citizenship-by-option process. Applicants must use a sworn translator accredited by the Spanish Ministry of Foreign Affairs. The translator must include their personal details and a stamp/seal for authenticity.
The translation must include a statement attesting to its fidelity to the original document. Applicants should submit the original documents along with the translations.
Citizenship by Option Document Checklist
Here is a checklist of key documents and their submission requirements.
| Document | Who Must Provide It | Legislation/Translation Required | Notes |
| Applicant’s birth certificate | Applicant | Yes, if issued by a foreign, non-Spanish-speaking country | Must show full filiation |
| Spanish parents’ literal birth certificate | Spanish parent | No, if issued in Spain | Must be certificado literal, not exact |
| Parents’ marriage certificate (if applicable) | Parents | Required if foreign | Should clarify surnames and filiation |
| Proof of Spanish parents nationality | Parents | Not required | Required if an applicant’s parent obtained Spanish nationality after their birth |
| Applicants passport | Applicant | Not required | Must be valid at the time of the application |
| Certificate of residence | Applicant | Not required | Determines whether an applicant should register at the registry or consulate |
| Notarial authorisation | Parent/guardian | Yes, if issued by a foreign country | Required if a parent or an applicant who is a minor cannot attend the appointment, or act on their own |
| Adoption decree (if applicable) | Applicant/adoptive parents | Yes, if foreign | To determine the adoption legitimacy and deadline |
Spanish Citizenship by Option Fees
The fee for the Spanish citizenship-by-option application is €60-100. The cost of a Spanish ID card (DNI) varies by location; it typically costs around €15.76. A Spanish passport costs generator shortcode=”es-spain_psprt_app”]. Members of large families are exempt from paying the passport fee.
Apostille/legalisation typically costs €40-€150 per document, depending on the applicant’s location. Translation services can cost €20-€75 per page, depending on the country, language, and professional handling the translation. Performing an oath of allegiance is free.
Furthermore, an immigration lawyer will charge €200-€2,000 for a citizenship-by-option case, depending on their reputation and service type.
Spanish Citizenship by Option Processing Time
The processing time for Spanish citizenship by option application is 6 to 12 months. The authorities will verify the applicant’s documents, evaluate them against the eligibility requirements, and confirm that any relevant submission deadlines are met. Obtaining a Spanish passport will also take 1-2 months.
What Happens Upon Approval?
Oath Taking
Successful applicants must take the oath of allegiance to the King, the Spanish Constitution, and the legal system within six months of citizenship approval. They can take the oath of fidelity at a civil registry or before a notary public appointed by the Notary College.
Oath-taking involves renouncing prior citizenship, as Spain does not permit dual citizenship, except for nationals of certain exempt countries.
Obtaining a Spanish Passport and ID Card
After citizenship approval, individuals should book an appointment at a police station to obtain their ID (DNI) card and passport. They will need to present relevant documents, such as a Spanish birth certificate, a passport photo, and a certificate of census registration.
To obtain the Spanish birth certificate, the individual must apply at the registry. A person may apply for a Spanish passport at a Spanish consulate abroad, but they must obtain their first DNI in Spain.
Foreign residents must register with a Spanish consulate to formalise their residency outside of Spain. It enables them to apply for and renew their Spanish passport, access consular services, and vote in Spanish elections from abroad, among other rights.
As part of the registration, they must submit relevant documents such as their current (foreign) passport, proof of ID, evidence of address abroad, passport photo, and proof of Spanish nationality.
Common Mistakes, FAQs & Tips
Errors in the application submission may result in rejection or a delay. Thus, it is imperative to note the common mistakes to avoid making them.
Submitting Wrong Certificates
Applicants should review and make a checklist of the documents they are expected to provide and include them with their submission. Submitting incomplete documents can delay the application process and may result in rejection.
In-Document Errors
Typographical errors or inconsistencies in names can lead to doubts in the document’s authenticity. If a document contains mistakes, they should be corrected before applying. Depending on the situation, an affidavit may be submitted for such corrections.
Forgetting to Apostille, Legalise, or Translate Relevant Documents
If the relevant foreign documents are not apostilled, the Spanish authorities will not accept them. Applicants should apostille/legalise all foreign documents and translate non-Spanish ones to avoid an application rejection.
Wrong Filing Location/Missing Deadline
Applicants should review their situation, or that of their child if applying on a minor’s behalf, and only submit an application to the appropriate office in Spain or abroad. They should also ensure to submit within the deadline. For example, missing the two-year application window for a person adopted by a Spanish national after turning 18 will almost certainly render an applicant ineligible.
Failure to Renounce Previous Citizenship
Many applicants fail to renounce their prior nationality when applying for Spanish citizenship. Without abandoning a previous nationality, they will be unable to finalise the citizenship by option process, unless they are from one of the exempt countries.
Outdated Documents
It is essential to submit updated documents whenever possible, ideally those obtained within 6-12 months before the application. This is mandatory for documents whose key information has been altered over time, such as a name change. If the existing copy is outdated, it is advisable to obtain a new one.
How Total Law Can Help
The eligibility criteria for Spanish citizenship by option vary depending on personal circumstances and family ties, and even minor errors can result in delays or refusals.
At Total Law, however, our team of experienced immigration lawyers can help with your application. We have a proven track record of assisting applicants from diverse backgrounds and an in-depth knowledge of Spanish immigration law.
We will provide end-to-end support throughout the application process, beginning with a comprehensive eligibility assessment to determine whether citizenship by option is the most appropriate route for you and advising on alternative pathways where necessary.
Once eligibility is confirmed, we guide you through the documentation requirements, ensuring that all supporting documents are complete and correctly formatted. This includes assistance with translations, legalisations, and obtaining missing or historical records where required.
Our legal experts also manage the preparation and timely submission of your application. We will liaise with the relevant authorities on your behalf and provide ongoing updates.
To begin your citizenship application, call us at +44 (0) 333 305 9375 or complete our online application form, and we will contact you.
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Related pages for your continued reading.
Frequently Asked Questions
Citizens of most countries globally can qualify for Spanish citizenship if they meet the eligibility requirements. It is essential to understand the route by which they qualify and apply appropriately.
Foreigners can obtain EU citizenship through ancestry if they can demonstrate direct descent from an EU citizen. However, there is no unified EU citizenship. Instead, they must apply under the citizenship-by-ancestry policies of countries such as Spain, Portugal, or Ireland to qualify.
The Beckham loophole is an informal term for Spain’s Special Tax for Inbound Workers, a tax law that allows non-residents to be taxed as non-residents even if they reside in the country for more than 183 days annually. Individuals who invoke the law pay a flat 24% tax rate on Spanish-sourced income of up to €600,000 rather than Spain’s progressive income tax, which peaks at 47%.
It is essential to understand how to potentially benefit from tax breaks like the Beckham loophole when obtaining citizenship.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.