The different Spanish Nationality types and how to obtain them

Spanish nationality is the legal link that links a natural person with the Spanish State and that attributes the status of citizen. Therefore, it is a fundamental right like the legal status of people, and from this relationship, the individual enjoys rights that he can demand from the State while also imposing a series of obligations and duties on him.

Are you interested in knowing more about the different Spanish nationality types? Which one can you process according to your case? In this post, we’ll tell you so keep reading! And if you have any questions, you can contact Entre Trámites and we will solve it for you. You can manage your Spanish nationality with us, schedule a free consultation!

Spanish Nationality Types

Spanish nationality by origin

This procedure is for those people with Spanish nationality from birth (originally ‘Spanish’). According to art. 17 of the Civil Code, are Spanish of origin:

• Those born to a Spanish father or mother.
• Those born in Spain to foreign parents if at least one of them was also born in Spain. The children of a diplomatic or consular official accredited in Spain are excepted.
• Those born in Spain to foreign parents, if both lack nationality or if the legislation of neither of them attributes a nationality to the child.
• Those born in Spain whose affiliation is not determined. For these purposes, minors whose first known place of stay is Spanish territory are presumed to be born in Spanish territory.

Parentage or birth in Spain, whose determination occurs after the age of 18, are not by themselves cause for the acquisition of Spanish nationality. The interested party then has the right to opt for the Spanish nationality of origin within a period of two years from that determination.

Spanish nationality by residence

We all know Spanish nationality by residence since it is the most frequent way of acquiring nationality and used by foreigners legally residing in Spain.

If we have to highlight the main requirement of this way of obtaining nationality, it is that the interested party must comply with certain terms of legal, continuous residence immediately prior to submitting the application.

Once these deadlines have expired, compliance with other requirements will be required, such as taking previous exams to prove integration in Spain, and having no criminal record, among others.

Spanish nationality by option

The option is a benefit offered by Spanish legislation to foreigners who are in certain cases. Specifically, those who are in any of the cases contemplated in Article 20 of the Civil Code will have the right to acquire Spanish nationality by this means:

• People who are or have been subject to the parental authority of a Spaniard.
• Those whose father or mother was originally Spanish and born in Spain.
• Those that are included in the second section of articles 17 and 19 of the Civil Code.

Nationality by option is the most frequent assumption in the case of foreign parents residing in Spain, who acquire Spanish nationality having minor children at that time. For these minor children, a right arises to opt for the Spanish nationality of their parents but provided that they make use of it within the period established by our regulations.

Spanish nationality with the value of simple presumption

As a general rule and under Spanish law, those born in Spain to foreign parents follow the nationality of their parents.

However, if the national Law of any of them does not transmit their nationality because the minor was born outside their territory (when it comes to countries that do not recognize those born outside their territory as nationals), to prevent the minor from lacking nationality, Spain recognizes the Spanish nationality of the minor.

In other words, the minor acquires Spanish nationality with the value of a simple presumption.

This assumption is included in article 17.1, section c, of our Civil Code, which defines nationals of origin: those born in Spain to foreign parents, if both lack nationality or if the legislation of neither of them attributes a nationality to the child.

Spanish nationality by letter of nature

Spanish nationality by naturalization letter is another way of acquiring nationality that is ex gratia and is not subject to the general rules of administrative procedure. It will be granted or not, at the discretion of the Government, through the Council of Ministers by Royal Decree, after assessing the concurrence of exceptional circumstances, as established in art. 21.1 of the Spanish Civil Code.

Thus, it corresponds to the Council of Ministers, therefore, to determine if, in relation to each individual application, said exceptional circumstances concur and, therefore, decide at its discretion on its granting.

Nationality by “State Possession”

The person who has possessed and used this nationality for ten years, continuously, in good faith, based on a title in the Civil Registry, will have the right to Spanish nationality by ‘State possession’.

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 said possession and use of Spanish nationality, this means that they must have behaved considering themselves to be Spanish, both in the enjoyment of their rights and in the fulfillment of their duties in relation to organs of the Spanish state.

Loss of Nationality

According to the current Civil Code, citizens will lose their nationality when:

1. Are emancipated, reside abroad, and voluntarily acquire another nationality. They can avoid this loss if within three years they declare their desire to retain their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal is not enough to cause the loss of Spanish nationality for this reason.
2. Are emancipated, reside abroad and for three years exclusively use the nationality they had been granted before emancipation. They can avoid this loss if within three years they declare their desire to retain their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal is not enough to cause the loss of Spanish nationality for this reason.
3. Emancipated Spaniards who have another nationality, habitually reside abroad and voluntarily renounce it.
4. In the case of Spaniards who were born abroad and are Spanish because they were born to a Spanish father or mother who was also born abroad, they will lose their Spanish nationality if, within a period of three years from emancipation or majority, they do not declare their desire to retain Spanish nationality.
5. Spaniards who are not of origin (for example, those who have acquired Spanish nationality by residence) will lose Spanish nationality if:
   • After acquiring Spanish nationality, they exclusively use for a period of three years the nationality they would have renounced when acquiring Spanish.
   • When they voluntarily enter the service of arms or hold political office in a foreign State against the express prohibition of the government.
   • When a sentence declares that the interested party committed falsehood, concealment or fraud in the acquisition of Spanish nationality.

We hope this information has been very useful to you! At Entre Trámites we offer various agency, advisory, and support services in bureaucratic processes for foreigners, the self-employed, SMEs, and companies; including the processing of Spanish nationality and other processes such as NIE, TIE, and the EU Registration Certificate.

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