Spanish nationality-Frequently asked questions

How is Spanish nationality acquired?

Do I have to take a test?

It is possible to lose your nationality?

May nationality be recovered?

How is Spanish nationality acquired?

The different ways of acquiring nationality are:

Nationality for Original Spaniards

Original Spaniars are those individual who match some of the following conditions:

  • Born of a Spanish father or mother.
  • Those born in Spain when they are children of foreign parents if, at least one of the parents, is born in Spain (except the children of diplomats).
  • Those born in Spain of foreign parents, if both have no nationality (stateless), or if the law of any of them attributes the child to a nationality.

In this case a file can be made in the Civil registry of your domicile to declare the Spanish nationality with value of simple presumption.

  • Children born in Spain whose parents are unknown identity. Children born in Spain are presumed to be the Spanish territory’s first known place of residence.
  • They are also original spaniards those under 18 years who are adopted by a Spanish. If the adoptee is over 18 years of age, he or she may opt for the Spanish nationality of origin within two years of the Constitution of the adoption.

Nationality by possession of state

The person who has owned and used this nationality for ten years, on a continuous basis, in good faith, based on a title Registered in the Civil registry.

Spanish nationality will not be lost even if the title registered in the Civil registry is cancelled.

The person concerned must have maintained an active attitude in such possession and use of Spanish nationality.

Nationality by option

The option is a benefit that spanish legislation offers to foreigners who are in certain conditions, to acquire Spanish nationality.

Have the right to acquire Spanish nationality in this way:

  • Persons who are or have been subject to the parental authority of a Spaniard.

This possibility expires when the interested party turns 20 years, except that by his personal law the person concerned does not acquire the majority of age at 18 years, in which case the period will be two years since acquiring the age of majority.

  • Those people whose father or mother had been Spanish and had been born in Spain.
  • Those persons whose filiation determination  or birth in Spain occurs after eighteen years of age.

In this case, the period for opting for nationality is two years since the determination of filiation or birth.

  • Those people whose adoption by Spaniards occurs after eighteen years of age.

In this case the right to opt exists until the period of two years after the Constitution of the adoption has elapsed.

Nationality by residence

This form of acquisition of the nationality requires the residence of the person in Spain for ten years in a legal way, continued and immediately before the request.

There are cases where the required residence period is reduced:

  • Five years: For the granting of Spanish nationality to those persons who have obtained refugee status
  • Two years: For nationals of Ibero-American countries, Andorra, the Philippines, equatorial Guinea, Portugal or people of Sephardic origin.
  • One year:
    • Those who were born in Spanish territory.
    • The one who did not exercise duly his right to acquire the Spanish nationality by option.
    • Persons who have been legally subject to guardianship, guard or foster care  of a Spanish citizen or institution for two consecutive years, even if I continue in this situation at the time of the application.
    • Those who, at the time of the application, have been married with a Spanish or Spanish for one year.
    • The widower or widow of Spanish or Spanish, if at the time of the death of the spouse were not separated, in fact or judicially.
    • The born outside Spain of father or mother, (born also outside Spain), grandfather or grandmother, provided that all of them originally had been Spanish.

Nationality by nature Charter

It will be granted or not by the government by royal decree, after assessing the concurrence of exceptional circumstances.

Do I have to take a test?

All those who aspire to obtain Spanish nationality, must, as a general rule, overcome a Spanish exam, and a review of knowledge and Sociocultural culture of Spain (CCSE).

The Spanish and CCSE tests are compulsory for all applicants who are over eighteen without any legal incapacitation.

However, the language exam does not have to be done by all applicants over 18; for example, all those who are from Latin American countries having the spanish as native language.

Also, they will not have to carry out either Spanish language examination or CCSE examination,  those applicants who have been in school in Spain and passed the level of secondary education.

There are additional assumptions of exemptions from the CCSE exam for those people who are illiterate or have learning disabilities. These circumstances must be appropriately accredited in the nationality record.

Do I receive any help to prepare the CCSE exam?

In our nacionalidadlegal.es service we provide you with the necessary information in order to pass the test

How do you lose your nationality?

The Spaniards will lose their nationality when:

  • Are emancipated, reside abroad and voluntarily acquire another nationality.

They can avoid this loss if within three years they declare their will to preserve their nationality.

The acquisition of the nationality of Latin American countries, Andorra, the Philippines, equatorial Guinea or Portugal is not enough to cause the loss of Spanish nationality.

  • Are emancipated, reside abroad and for three years exclusively use the nationality they had attributed before the emancipation.

They can avoid this loss if within three years they declare their will to preserve their nationality.

The acquisition of the nationality of Latin American countries, Andorra, the Philippines, equatorial Guinea or Portugal is not enough to cause the loss of Spanish nationalityEmancipated Spaniards who have another nationality, usually reside abroad and voluntarily renounce it.

  • In the case of Spaniards who have been born abroad and are Spanish for being born of a Spanish father or mother, they will lose Spanish nationality if within three years of emancipation or majority of age they do not declare their willingness of mantaining the Spanish nationality.

Spaniards who are not of origin  will lose Spanish nationality if:

  • After acquiring the Spanish nationality if they use for a period of three years the nationality to which they had renounced when acquiring the Spanish one.
  • When they voluntarily join the army  or exercise a political office in a foreign State against the express prohibition of the government.
  • When a judgment declares that the person concerned incurred falsehood, concealment or fraud in the acquisition of Spanish nationality.

May nationality be recovered?

Once the Spanish nationality has been lost there is the possibility of recovering it (art. 26 of the Civil code); To do this, the following requirements must be fulfilled:

  • The interested party must be a legal resident in Spain. However, this requirement will not apply to emigrants or the children of emigrants.

In addition, this requirement may be dispensed by the Minister of Justice when exceptional circumstances occur.

  • The person concerned shall declare to the Registrar of the Civil registry his/her desire to recover Spanish nationality.
  • The recovery of nationality in the Civil registry must be registered.

When is the Government’s prior qualification necessary to recover Spanish nationality?

For non original spaniards, it will be necessary the previous habilitation of the government to recover the Spanish nationality, when the loss had been produced by one of the following causes:

  • Those who for a period of three years exclusively use the nationality to which they had declared to renounce when acquiring Spanish nationality.
  • Those who voluntarily join the army  or exercise political office in a foreign State against the express prohibition of the government.
  • When a judgement declares that the person concerned has incurred falsehood, concealment or fraud in the acquisition of Spanish nationality.