SPANISH NATIONALITY
There are 4 ways to obtain Spanish nationality:
1.- Spanish Nationality by Residence
This form of acquiring nationality requires the residence of the person in Spain for ten years in a legal, continuous and continuous manner immediately prior to the petition. There are cases in which the required period of residence is reduced; these are:
- Five years: for the granting of Spanish nationality to those persons who have obtained refugee status.
- Two years: for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or persons of Sephardic origin.
- One year:
- The one who was born in Spanish territory.
- The one who did not duly exercise his right to acquire the Spanish nationality by option.
- The one who has been legally subject to the guardianship (under the supervision of a guardian), guardianship or foster care (the foster care that allows the reduction of legal residence to one year is the one in which there is a resolution of the public entity that has in each territory entrusted the protection of minors and the foster care that are judicially recognized) of a Spanish citizen or institution for two consecutive years, even if he/she continues in this situation at the time of the application.
- The one who, at the time of the application, has been married to a Spanish citizen or institution for one year and is not legally or de facto separated.
- The widow or widower of a Spaniard, if at the moment of the death of the spouse they were not separated, in fact or judicially.
- The one born outside Spain of father or mother, (born also outside Spain), grandfather or grandmother, as long as all of them had been originally Spanish.
2.- Spanish Nationality by Option
The option is a benefit that our legislation offers to foreigners who meet certain conditions to acquire Spanish nationality. They will have the right to acquire the Spanish nationality by this way:
- Those persons who are or have been subject to the parental authority of a Spaniard. This possibility expires when the interested one turns 20 years old, unless by its personal law the interested one does not acquire the majority of age at the age of 18 years, in which case the term will be of two years from which it acquires the majority of age.
- Those persons whose father or mother had been Spanish and had been born in Spain.
- Those persons whose parentage determination (parentage determination means to establish who are the parents of a person) or birth in Spain occurs after the age of eighteen. In this case, the term to opt for the nationality is of two years since the filiation or birth is determined.
- Those whose adoption by Spaniards occurs after the age of eighteen. In this case the right to opt exists until the period of two years from the constitution of the adoption has elapsed.
3.- Spanish Nationality for Spaniards of Origin
They are Spaniards of origin:
- Those 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 was born in Spain (except for the children of diplomats).
- Those born in Spain of foreign parents, if both lack nationality (stateless), or if the legislation of neither of them attributes a nationality to the child. In this case a file can be carried out in the Civil Registry of his domicile to declare the Spanish nationality with value of simple presumption.
- Children born in Spain whose parents' identity is unknown. Minors whose first known place of stay is Spanish territory are presumed to have been born in Spain.
- They are also Spaniards of origin the minors under 18 years of age who are adopted by a Spaniard. If the adopted one is older than 18 years, it will be able to opt for the Spanish nationality of origin in the term of two years from the constitution of the adoption.
4.- Spanish Nationality by Possession of the State
A person will be entitled to Spanish nationality if he/she has possessed and used this nationality for ten years, continuously, in good faith (without being aware of the real situation, i.e. that he/she is not actually Spanish), on the basis of a title registered in the Civil Registry.
The Spanish nationality will not be lost, even if the title registered in the Civil Registry is annulled.
The interested party must have maintained an active attitude in the possession and use of the Spanish nationality, this means that he/she must have behaved as a Spaniard, both in the enjoyment of his/her rights and in the fulfillment of his/her duties in relation to the organs of the Spanish State.