A selection of consolidated legislation and relevant case law on Spanish immigration, international mobility, international protection and Spanish nationality.
This page provides access to some of the principal legal provisions governing
Immigration and Spanish Nationality, with direct links to official legal sources.
Where available, the links below lead to the consolidated version published by the
Spanish Official State Gazette (Boletín Oficial del Estado – BOE). The BOE expressly
states that consolidated texts are provided for information purposes and do not have
official legal status. For legal proceedings and professional purposes, the official
publication and the legislation in force at the relevant time should always be verified.
General Immigration Legislation
Ley Orgánica 4/2000, de 11 de enero
The Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España
y su integración social is the principal statutory framework governing the rights,
freedoms and legal status of foreign nationals in Spain.
View consolidated text on the BOE website
Real Decreto 1155/2024, de 19 de noviembre
This Royal Decree approves the current Regulation implementing Ley Orgánica 4/2000
and governs a substantial part of Spain’s immigration procedures, residence permits
and related administrative matters.
View consolidated text on the BOE website
EU Citizens and Their Family Members
Real Decreto 240/2007, de 16 de febrero
This Royal Decree governs entry, freedom of movement and residence in Spain for
citizens of European Union Member States and other States party to the Agreement
on the European Economic Area, together with certain rights of their family members.
View consolidated text on the BOE website
International Mobility
Ley 14/2013, de 27 de septiembre
The Ley de apoyo a los emprendedores y su internacionalización contains
a specific international mobility regime applicable to various categories of foreign
nationals, including entrepreneurs, highly qualified professionals, researchers and
intra-corporate transferees, subject to the legislation in force at the relevant time.
View consolidated text on the BOE website
Asylum and International Protection
Ley 12/2009, de 30 de octubre
This Act regulates the right of asylum and subsidiary protection in Spain, including
the principal requirements, procedures and legal effects associated with international
protection.
View consolidated text on the BOE website
Spanish Nationality
Spanish Civil Code
The substantive rules governing Spanish nationality are principally contained in
Articles 17 to 26 of the Spanish Civil Code. These provisions regulate
the acquisition, option, consolidation, loss, retention and recovery of Spanish nationality.
View consolidated Spanish Civil Code on the BOE website
Real Decreto 1004/2015, de 6 de noviembre
This Royal Decree approves the Regulation governing the procedure for acquiring
Spanish nationality by residence.
View consolidated text on the BOE website
Relevant Case Law
Spanish immigration legislation has been the subject of significant constitutional
and administrative case law. This section includes only a limited selection of decisions
of particular structural importance that have been officially published.
Spanish Constitutional Court — Fundamental Rights of Foreign Nationals
Constitutional Court case law concerning Ley Orgánica 4/2000 and its subsequent
amendments has played an important role in defining the scope of fundamental rights
held by foreign nationals in Spain and in reviewing the constitutionality of various
provisions of Spanish immigration legislation.
A particularly significant reference is STC 236/2007, together with
subsequent related Constitutional Court decisions concerning the reform of
Ley Orgánica 4/2000.
View STC 236/2007 on the BOE website
Spanish Supreme Court — EU Citizens and Their Family Members
In its judgment of 1 June 2010, the Administrative Chamber of the
Spanish Supreme Court annulled various provisions and expressions contained in
Articles 2, 3, 4, 9 and 18 and the third final provision of Real Decreto 240/2007.
View the Supreme Court judgment of 1 June 2010 on the BOE website
The judgment was subsequently subject to a rectification order issued by the
Administrative Chamber of the Supreme Court on 13 January 2011.
View the order of 13 January 2011 on the BOE website
Official Sources and Legislative Updates
Spanish immigration and nationality law is subject to legislative amendments,
regulatory developments, administrative instructions and evolving case law.
Legal questions should therefore always be considered by reference to the legislation
in force and the particular circumstances of the case.
EBAN Abogados gives priority to official legal sources when consulting
legislation and judicial decisions. This page is intended to facilitate access to those
sources and does not replace legal advice based on the circumstances of an individual case.
EBAN Abogados
Spanish Immigration · Spanish Nationality · Official Legal Sources
