Spanish Citizenship and Visa Applications

Nationality is defined by the Royal Spanish Academy as the legal bond of a person with a State, which attributes the condition of a citizen of that State.

In Spain citizenship can be acquired in several different ways depending on your circumstances and requirements.

• Nationality by Democratic Memory Law
• Nationality by Option
• Nationality by Residence
• Nationality by Recovery

Democratic Memory Law

The Democratic Memory Law, published in October 2022, offers a limited window of opportunity for individuals to apply for Spanish Nationality. This Law introduces new ways to acquire Spanish nationality based on ancestry and will help many of those who have previously been restricted from applying through their lineage before. This legislation is available until October 2025. 

Who can apply? 

• You were born outside of Spain to a father, mother, grandfather, or grandmother that was originally Spanish. 
• You were born outside of Spain, to a father, mother, grandfather, or grandmother that was originally Spanish and lost or renounced Spanish citizenship for having suffered exile. The possible reasons for the exile are political, ideological, creed, or sexual orientation or identity. 
• You were born outside to a great-grandparent that was originally Spanish. and your Great-grandchildren can apply for citizenship once the parents have received their Spanish birth certificate 
• You were born outside of Spain, to a mother that had lost her Spanish nationality for marrying a foreigner before the entry into force of the Spanish Constitution of 1978. 
• You are an adult and your father or mother acquired Spanish Citizenship based on the temporary rules of the Historical Memory Law of 2007. This new rule is implemented to give citizenship to those who were already adults when the father or mother acquired Spanish citizenship based on the 2007’s Law. These people could not opt for Spanish citizenship based on their father or mother’s newly acquired Spanish citizenship since, as adults, they were no longer under their parental authority. 

To help you determine if you are eligible for Spanish citizenship under the Democratic Memory Law, we have created a brief test. 

Check Your Eligibility

Option

If you are Spanish by origin you can apply for Spanish citizenship by ‘Option’.

Who can apply? 

• Children of Spanish Nationals 
• If you are an adult, your parent must have obtained Spanish Nationality whilst you were a minor (under the age of 18) 
• Were adopted by a Spaniard and are under 18, or are over 18 and were adopted within the last two years

Residence

Spanish Citizenship via residency is the best option for those who are not of Spanish heritage. It is obtained through residency in Spanish territory for ten years, during which time the individual must reside in the Spanish territory legally and continuously prior to the application for citizenship. You will also be required to pass the DELE A2 and CCSE Spanish nationality tests. 

However, there are some exceptions where shorter periods are permitted: 

• One year for those married to a Spanish national 
• One year for the widow or widower of a Spanish person, if at the time of the death of the spouse, they were not separated, de facto or legally. 
• Five years for people who have refugee status. 
• Two years for those who have the nationality of Ibero-American countries or Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin
• One year for those who were born in Spanish territory to non-Spanish parents. 

Recovery

You can ‘recover’ your Spanish Nationality if you have previously lost your Spanish citizenship due to the following reasons; 

• You were a Spanish national as a minor but did not maintain your nationality when becoming an adult 
• Your passport has expired for more than 3 years 

You will also submit an application for Spanish Citizenship via recovery if you were born to a Spanish mother after 1978 

How do I submit an application for Spanish Nationality? 

Once you have assessed which route to Spanish nationality is most suitable for you, you can begin preparing your application. 

This entails collecting the necessary documents based on the selected pathway and arranging them appropriately, which may involve tasks such as translations and obtaining apostilles as needed. You will also be required to complete the application forms. 

Once your application is ready, you can then attend your appointment at your local Spanish embassy for the administration to process. In case of nationality by residence, the applications must be submitted to the Ministry of Justice. 

Will I be able to obtain a Spanish Passport? 

Once you have successfully obtained your Spanish nationality, you can then proceed with the Alta Consular process which would register you as a Spanish National in your country of

residency. The Alta Consular is the obligation for any Spanish national residing outside Spain to register within their closest Spanish Consulate. 

Once the Alta Consular's application is duly registered by the Consulate, the Spanish national will be granted a code that will allow you to schedule appointments at the Spanish Consulate in order to proceed with specific requests. 

The Spanish passport request is one of the many types of services provided by the Spanish Consulate to anyone duly registered in their "Registro Consular". 

Contact Us Today!

If you require further information or advice from our team of specialist lawyers, please contact a member of our Client Services Team by:

• Completing the online enquiry form here 
• Emailing us at clientservice@giambronelaw.com
• Calling us on +44 (0)207 183 9482