This document summarizes Spanish citizenship and nationality law. It discusses the main principles of jus sanguinis and jus soli, and the different ways Spanish citizenship can be acquired: by origin/descent, through legal residence, by option or naturalization, possession of status, or by royal decree. It outlines the requirements and procedures for acquiring citizenship through each of these methods, including language tests, residency periods, and oaths of loyalty. Special provisions for Sephardic Jews to reacquire Spanish citizenship are also summarized. The document concludes by briefly mentioning dual citizenship agreements and residence permits for children born in Spain.

1. Speakers:
Ana Garicano Solé
Stella García
Madrid, 7th March 2018
Citizenship and Nationality Law
in Spain

2. Background
2
• Nationality is the legal link between the person and the state.
• The right to the nationality is recognized as fundamental.
• Nationality determines the law and the rights applicable to the
person
Article. 11 CE
1. The Spanish nationality is acquired, maintained and lost,
according to the Law.
2. Originally Spanish Citizens may not be deprived of their
nationality.
Article. 15.2 UDHR: no-one shall be arbitrarily deprived of his/her
nationality or the right to change his/ her nationality.

3. LEY DE EMPRENDEDORES
Y SU INTERNACIONALIZACION
3
Ius SANGUINIS vs Ius SOLIS
• Ius SANGUINIS or blood right: citizenship is determined by
blood lines, passed on by the parents, irrespective of the place of
birth.
• Ius SOLI or land right: citizenship is determined by the place of
birth, irrespective of the parents’ citizenship.
SPAIN = IUS SANGUINIS

4. Spanish citizenship
4
• BY ORIGIN – “De origen”
• Children born to Spanish mothers or fathers.
• Children born to foreign parents in Spain, if one parent was also
born in Spain (except diplomatic/consular staff) or parents who
have not transferred their citizenship (simple presunción)
• Children born in Spain of unknown parents.
• DERIVATIVE - “No de origen”
• Legal residence
• Opción
• Carta de naturaleza
• Posesión de estado

5. Citizenship by means of Legal Residence :
Requisites
5
• Residence in Spain: Legal ,uninterrupted residence , prior to the submission of the
application.
How long?
• 10 Years: General rule.
• 5 years: refugees
• 2 years : nationals of Ibero-American countries, Andorra, Philippines, Equatorial New
Guinea, Portugal or Sephardic .
• 1 year:
o children born in Spain,
o Those who had the right to opt in, but could not exercise it
o Those who have been legally subject to the guardianship of a Spanish citizen or
institution under certain conditions
o Spouse of a Spanish citizen (duly married for one year, not separated or divorced)
o Widow of a Spanish national (not separated at the time of death)
o Those born abroad, whose parents or grandparents were originally Spanish.

6. Citizenship by Legal Residence : Requisites
6
• Good civic conduct and integration into Spanish society*:
o Test on Spanish language (DELE A2)
o Knowledge of the Spanish constitution and culture and current social situation.
o Application fee
• Oath of loyalty to the King and obedience to the Spanish Constitution & laws.
• Relinquishment of current citizenship by the applicant (except: Ibero- American
countries, Andorra, Philippines, Equatorial New Guinea, Portugal )
• Registration of the citizenship acquisition in the corresponding Civil Registry

7. Citizenship by Legal Residence:
Procedure
7
-Payment of
the fee
- Language /
culture test
Online
platform
-Submission
of the
application
DGRN
the file.
-Request for
police report
MINISTRY
OF JUSTICE
-Resolution of
the
application
CIVIL
REGISTRY
-Oath
-Issue of the
Birth
Certificate to
obtain
passport and
DNI

8. Citizenship by opción : requirements
8
•To be a foreign national:
oSubject to the guardianship of a Spanish citizen until the age of 20.
oWhose father or mother was Spanish and was born in Spain.
oWhose linkage or birth in Spain took place after reaching the legal age of 18, within
two years of the determination of the linkage or birth. (origen)
oPersons whose adoption by Spanish citizens took place after the age of 18, within
two years of the adoption. (origen)
•Take an Oath in which the individual promises loyalty to the King and
obedience to the Constitution & laws.
•Relinquishment of current citizenship by the applicant except: Ibero- American
countries, Andorra, Philippines, Equatorial New Guinea, Portugal
•Registration of the citizenship acquisition in the Civil Registry

9. Citizenship by opción : procedure
9
CIVIL REGISTRY
-Request for an
appointment
-Submission of the
application
CIVIL REGISTRY
-Resolution of the
application
CIVIL REGISTRY
-Oath
-Issue of the Birth
Certificate to obtain
passport and DNI

10. Citizenship: posesión de estado
10
• Holder and user of the Spanish nationality for an uninterrupted period of
10 years, in good faith and in accordance with a vital record, shall be
eligible for the Spanish nationality.
• The Spanish nationality will not be lost due to the cancellation of the
vital record.
• The person is required to have exercised his/her rights and to have
complied with his/her obligations as a Spanish national.

11. Citizenship by carta de naturaleza
11
• Awarded at the discretion of the Government by Royal Decree.
• Exceptional circumstances must concur.
• Oath of loyalty to the King and obedience to the Constitution & laws.
• Relinquishment of current citizenship by the applicant (except: Ibero- American countries,
Andorra, Philippines, Equatorial New Guinea)
• Registration of the citizenship acquisition in the corresponding Civil Registry

12. Special consideration to Sephardic descendants: new law
12
Act 12/2015 related to granting the Spanish citizenship to Sephardic Jews originally from
Spain:
• No need to have legal residency status in Spain
• No need to relinquish their nationality.
To qualify:
• To provide evidence of the status of being a Sephardic, originally from Spain,
• To provide evidence of a special link with Spain
• For applicants over 18 years old, it will be required to pass two tests designed
and administered by the Instituto Cervantes:
o knowledge of the Spanish language (it will be necessary to have level A2 of The
Common European Framework). The language test should be undertaken only
by citizens from countries whose official language is not Spanish.
o Knowledge of the Spanish Constitution and the Spanish social and cultural
situation.
Applicants under 18 years old will not be required to pass any test and only a schooling
certificate will be required.

13. Sephardic: Procedure
13
Online
platform
-Submission
of the
application
-Payment of
the fee
DGRN
-Receipt of the
file.
-Confirmation
of the
fulfillment of
the
requirements
Notary Public
-Personal
appearance of
the applicant
before the
assigned public
notarySpain.
Directorate
General for
Registers
and Notaries
-Resolution of
the
application.
CIVIL
REGISTRY
-Oath
-Issue of the
Birth
Certificate to
obtain
passport and
DNI

14. Dual citizenship
14
-Spain only allows dual citizenship according to international agreements.
- There is not international agreement between USA and Spain regarding dual citizenship

15. New born in Spain : residence permit
15
• Article 185 RD 557/2011.
• The minor qualifies for the same residence permit as his/her parents.
Process:
• Registration of the birth in the relevant Spanish Civil Register
• Application for the passport in the relevant consulate.
• Submission of the residence permit application by the parents, on behalf of the new-born.
• Resolution of the application
• Submission of the residence card application by the parents and new-born.
• Collection of the residence card by the parents

16. www.iuslaboris.com
North America: Mexico - United States
Central & South America: Argentina - Brazil - Chile - Colombia - Panama - Peru
Western Europe: Austria - Belgium - Cyprus - Denmark - Finland - France - Germany - Greece - Ireland - Italy
Luxembourg - Netherlands - Norway - Portugal - Spain - Sweden - Switzerland - United Kingdom
Eastern Europe: Czech Republic - Estonia - Hungary - Latvia - Lithuania - Poland - Romania - Russia - Slovakia - Turkey - Ukraine
Middle East & Asia Pacific: China - India - Israel - Japan - Korea, Republic of - New Zealand - United Arab Emirates
Questions?
Thank you