How to obtain Spanish Nationality

Spanish nationality makes you a Spanish citizen, that is, it grants you Spanish citizenship. This allows you, among other rights:

• Live indefinitely in Spanish territory.
• Right to vote or free movement and work within the European Union.

Although the most common way to obtain Spanish nationality is by birthright, there are different ways to obtain it and we are going to analyze them in this article.

Ways to obtain Spanish Nationality

Currently there are 4 ways to be able to choose to obtain nationality:

1. Nature letter
2. Home
3. Origin
4. Option

Option 1. Nationality by Charter of Nature

This form of obtaining Nationality is the most peculiar of all, since it is not subject to any regulation, but rather it is the Government through Royal Decree that grants it. It is an unrealistic option for most people. They are usually awarded to distinguished, honorary or refugee persons.

Option 2. Nationality by Residence

It is the most popular option. It requires that the person have resided in Spain for 10 years legally, continuously and immediately prior to the request for Nationality. Although in general it is required that the person has lived for 10 years in the country, there are shorter terms depending on certain conditions:

• If the person is a refugee, the time required is 5 years.
• If the person comes from any Latin American country, Equatorial Guinea, Portugal, Andorra or the Philippines, the time required is 2 years.
• If the person is married to a Spanish citizen, the time required is 1 year, thus obtaining Nationality by Marriage.

Requirements to obtain Nationality by Residence

Live the required years, according to each person, uninterruptedly. You cannot leave the country for long periods or frequently. Spending more than 3 consecutive months outside the country can be a problem.
The required years start counting from the time the first residence card becomes valid. The days in which you have lived as an irregular citizen or the days in which you have lived with a student or tourist visa will never count.
It is very important that the person does not have a criminal record or uncivil behavior in Spain. Any type of sanction or fine can harm the process of obtaining Nationality.

Option 3. Nationality by Origin

Children born to a Spanish father or mother can obtain Spanish Nationality. It can also be obtained by those who are the grandchildren of a Spanish citizen.

It can also be obtained by those born in Spain to foreign parents, if one of the two parents was born in Spain. If neither of the foreign parents was born in Spain, but both lack (stateless) Nationality or if the legislation of neither of them attributes a Nationality to the child, the latter can obtain Spanish Nationality.

Children born in Spain whose parents’ identity is unknown are also Spanish of Origin.

Option 4. Nationality by Option

Nationality by Option can be obtained by foreign citizens who are in any of the following cases:

• Persons who are or have been subject to the parental authority of a Spaniard.
• People whose father or mother was Spanish and who was born in Spain.
• People whose filial determination or birth in Spain occurs after eighteen years of age.
  Those people whose adoption by Spaniards occurs after eighteen years of age. In this case, the right to opt for Nationality exists until a period of two years has elapsed from the moment of adoption.

The right to request nationality by Option expires two years after reaching the age of majority, except in the case of people whose father or mother was Spanish and born in Spain, where there is no deadline.

This is the way that foreigners who have acquired Spanish Nationality normally use so that their minor children can also acquire Spanish Nationality.

Documents needed to apply for Spanish Nationality

The first thing you need to do is prepare all the documents. In general, you will need:

• Full passport and NIE
• Current residence permit
• Certificate of passing the DELE A2 and CCSE exams (the DELE A2 exam is a language exam that it will not be necessary to take if you come from any Latin American country; the CCSE exam is a cultural test that you will not have to take if you have taken the ESO or Baccalaureate). Both exams are organized by the Instituto Cervantes.
• Criminal record
• Birth certificate
• Marriage certificate (if you apply for citizenship by marriage)
• Current and historical register
• Children’s birth certificate (in case you want your children to obtain Nationalization by Option)
• Proof of payment of the corresponding fee (it costs a little more than 100 euros)
• Demonstration of having sufficient financial means

Application for Spanish Nationality: process and requirements

• Have the documents that we have indicated prepared.
• Presentation of the application and resolution.
• Oath to the King of Spain and to the Constitution.
• Obtaining the passport and ID at any local police station.
• Request for a certificate of concordance so that all institutions have the change from NIE to DNI.

The application can be submitted electronically at this link or in person at the Civil Registry.

The resolution of the request can take from 2 to 3 years in total.

In summary, Spanish Nationality will grant you benefits in terms of carrying out administrative procedures, it will give you the right to vote and work and free movement in the European Union. However, the process can be expensive and it is always advisable to put yourself in the hands of experienced lawyers.