Many Spanish descendants may wonder if they can get their Spanish citizenship from their grandparents, great-grandparents, and parents. The Internet has different information, sometimes fake, about residency by descent, last names, and other relationships that may lead to consider obtaining citizenship. Below we will clarify some of the aspects related to citizenship by descent.
The Ministry of Foreign Affairs of Spain states that the following people can acquire their citizenship by descendent:
- Children from Spanish parents
- People born in Spain from foreign parents when one of them was born in Spain
- People born in Spain to foreign parents, if both lack nationality (stateless persons)
- People born in Spain with unknown parents
- Minors adopted by Spaniards. If they are of legal age, they should live in the country for two years since the adoption.
Spanish citizenship requirements
The requirements for descendants of grandparents vary. If the applicant is 20 years old or older and a grandson, great-grandson, great-great-grandson or has any relationship by blood, the applicant may not obtain the nationality, even if his/her father/mother had acquired it after their birth. The Law for grandchildren or great-grandchildren (in Spanish Ley de Nietos o bisnietos or Ley de Memoria Democrática) to grant the nationality of grandchildren born off the Spanish territory is not in force, so applicants should get the legal information that will state if they can apply to the Spanish nationality by blood.
After acquiring the citizenship, there are specific requirements applicants should comply with to keep their citizenship such as declaring before the Civil Registry their willingness to retain their nationality (in case they acquire another that may lead them to lose their Spanish nationality) or living in the country for a determined period. Other conditions may lead them to lose their right of holding Spanish nationality.
The Spanish government is constantly updating the policies on citizenships and residencies. All requirements vary depending on the case. It is always advisable that interested applicants look for attorneys and legal advisors with sufficient knowledge on the updated policies before applying to any residency or citizenship option.
At GM Lawyers in Marbella, we have the best professionals to guide you through this process at competent prices. Our team of experts will give you advice on your specific case. We have vast experience in the residence and citizenship process. If you do not speak Spanish, do not worry. We are fluent in different languages.
How to get the spanish citizen
spanish citizenship through descent can be a lengthy process, and the requirements may vary based on your individual circumstances. Here are some general steps and Spanish citizenship requirements:
Residency: In most cases, you’ll need to be a legal resident in Spain for a certain period before you can apply for citizenship. The residency requirement varies, but it is typically around 10 years for non-EU/EEA citizens and 2 years for citizens of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal. Spouses of Spanish citizens can apply after living together in Spain for one year.
Legal and Continuous Residence: During the residency period, you must have legally and continuously lived in Spain. Any extended absences from the country may reset the residency clock.
Language and Culture Test: As of my last update in September 2021, there was a requirement to pass a Spanish language and culture test called the CCSE (Constitutional and Sociocultural Knowledge of Spain). It is important to check if this requirement is still in place and if there have been any updates to it.
Background Check: You must not have any criminal record, either in Spain or in the countries you have lived in during the residency period.
Financial Stability and Health Insurance: You might need to demonstrate that you have sufficient financial means to support yourself and your family if applicable. Additionally, having health insurance might be required.
Application Process: You’ll need to gather all the required documentation, which may include identification documents, residency proof, language test results, background check certificates, and other supporting paperwork. Then, you’ll submit your application to the Spanish authorities.
Waiting Period: After submitting your application, there may be a waiting period during which authorities will review your case.
Citizenship Approval: If your application is approved, you’ll be granted Spanish citizenship, and you may be required to take an oath of allegiance to the Spanish Constitution.
