Spanish Nationality Law
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Spanish nationality law refers to all the laws of
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
concerning
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
. Article 11 of the First Title of the
Spanish Constitution The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
refers to Spanish nationality and establishes that a separate law is to regulate how it is acquired and lost. This separate law is the
Spanish Civil Code The Civil Code of Spain ( es, Código Civil), formally the Royal Decree of 24 July 1889 ( es, Real Decreto de 24 de julio de 1889) is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental ...
. Spanish nationality is generally acquired on the principle of '' jus sanguinis'' (descent), with limited additional provision for its acquisition per ''
jus soli ''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contras ...
'' (place of birth).


History

Traditionally, considerations about the Spanish nationality had been (successively) regulated by constitutional articles: the 5th article of the 1812 Cádiz Constitution, 1st article of the 1837 Constitution, 1st Article of the 1845 Constitution, 2nd article of the unpromulgated 1856 Constitution, 1st article of the 1869 Constitution and 1st article of the 1876 Constitution. Lacking an overarching unifying legal body, the current regulation about nationality in Spain is contained in 17–28th articles of the
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
, 63–68th articles of the Civil Registry Law, 220–237th articles of the Civil Registry Regulations and in a number of instructions and resolutions from the Directorate General for Registers and Notaries. The original text of the 1889 Civil Code was partially or wholly amended by the 23th and 24th articles of the 1931 Constitution (which opened a way for exploring double citizenship agreements with Ibero–American countries), and the 1954, 1975, 1982, 1990, and 2002 laws. The current Constitution of 1978 is the first that does not define Spanish nationality. Rather, article 11 establishes that Spanish nationality is acquired, preserved and lost in accordance with the provisions of the law ( es, "la nacionalidad española se adquiere, se conserva y se pierde de acuerdo con lo establecido por la ley").
It is also the first constitution that emphasises that a ''español de origen'' ("Spaniard by origin") cannot be deprived of their nationality. On 13 July 1982, and in accordance to what had been established in the constitution, the first law regarding nationality was approved, which was in fact an amendment to the Spanish Civil Code in effect. This law has been reformed on 17 December 1990, 23 December 1993, 2 November 1995, and most recently 2 October 2002.


Acquisition of Spanish citizenship

Title One of Book One of the Spanish Civil Code lays out the details of Spanish nationality.


''Jus sanguinis''

Spanish legislation regarding nationality establishes two types of nationality: "Spanish nationality by origin" (''nacionalidad española de origen'')—that is, a "natural-born Spaniard"—and the "Spanish nationality not by origin" (''nacionalidad española no de origen''). According to article 17 of the Spanish Civil Code, the following are Spaniards by birth right are: * those individuals born of a Spanish parent; * those individuals born in Spain of foreign parents if at least one of the parents was also born in Spain, with the exception of children of foreign diplomatic or consular officers accredited in Spain; * those individuals born in Spain of foreign parents if neither of them has a nationality, or if the legislation of either parent's home country does not grant the child any nationality; * those individuals born in Spain of undetermined filiation; those individuals whose first known territory of residence is Spain, are considered born in Spain. Foreign minors under the age of 18 acquire Spanish nationality by origin upon being adopted by a Spanish national. An adoptee over the age of 18 can apply for Spanish nationality by origin up to two years after the adoption. Since the 1889 Civil Code came into effect, there have been various regulations requiring registration of births of Spaniards abroad, and limiting citizenship by descent to a specified number of generations. These rules have changed over time; the rules in force at the time of birth usually apply. Under Article 24.1, persons born outside Spain, other than in specified Iberophone, Spanish-speaking countries, to a Spanish citizen born in Spain will lose Spanish nationality if they exclusively use a foreign nationality acquired before adulthood. That loss can be avoided by registering the desire to preserve Spanish nationality in the civil registry at a Spanish consulate. Until a 9 January 2003 change in the law, Spanish citizens born in an Ibero-American country or specific former Spanish territories to a Spanish citizen parent, also born outside of Spain, and who held that other country's citizenship, preserved Spanish citizenship with no retention declaration required. After that date, second generation born abroad Spaniards from the Iberosphere who were not already 18 or in legal majority (adulthood) by that date, and who held the other country's citizenship, are required to declare their intention to retain Spanish nationality to Spanish authorities within three years of majority (until age 21). The range of Ibero-American countries in which Spanish ''jus sanguinis'' will apply to a person of Spanish descent has also changed over time as Spain has signed agreements and treaties with countries. All other people who acquire Spanish nationality are "Spaniards not by origin".


By option

Article 20 of the Spanish Civil Code, established that the following individuals have the right to apply (lit. "to opt") for Spanish nationality: * those individuals that were under the tutelage of a Spanish citizen, * those individuals whose father or mother had been originally Spanish and born in Spain (i.e. those individuals who were born after their parent(s) had lost Spanish nationality, or those born with another nationality before 1982 to a Spanish mother). * those individuals mentioned in the second bullet-point in article 17, and adopted foreigners of 18 years of age or more. Spanish nationality by option must be claimed within two years after their 18th birthday or after their "emancipation", regardless of age, except for those individuals whose father or mother had been originally Spanish and born in Spain, for which there is no age limit. Spanish nationality by option does not confer "nationality by origin" unless otherwise specified (i.e. those mentioned in article 17, and those who obtained it through the Law of Historical Memory).


Naturalization

Spanish nationality can be acquired by naturalization, which is only granted at the discretion of the government through a Royal Decree, and under exceptional circumstances, for example to notable individuals. Also, any individual can request Spanish nationality after a period of continuous legal residence in Spain, as long as he or she is 18 years or older, or through a legal representative if he or she is younger. Under Article 22, to apply for nationality through residence it is necessary for the individual to have legally resided in Spain for: * ten years, or * five years if the individual is a refugee, or * two years if the individual is a natural-born citizen of a country of
Ibero-America Ibero-America ( es, Iberoamérica, pt, Ibero-América) or Iberian America is a region in the Americas comprising countries or territories where Spanish language, Spanish or Portuguese language, Portuguese are predominant languages (usually form ...
(including individuals with
Puerto Rican citizenship Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish-American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal mea ...
),
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
,
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
, the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
,
Equatorial Guinea Equatorial Guinea ( es, Guinea Ecuatorial; french: Guinée équatoriale; pt, Guiné Equatorial), officially the Republic of Equatorial Guinea ( es, link=no, República de Guinea Ecuatorial, french: link=no, République de Guinée équatoria ...
, or if the individual can prove they are a Sephardi Jew with a connection to Spain; or * one year for individuals: ** born in Spanish territory, or ** who did not exercise their right to nationality by option within the established period of time, or ** who have been under the legal tutelage or protection of a Spanish citizen or institution for two consecutive years, ** who have been married for one year to a Spanish national and are not separated legally or ''de facto'', or ** are widow(er)s of a Spanish national if at the time of death they were not legally or ''de facto'' separated, or ** who were born outside of Spain, if one of their parents or grandparents was originally Spanish (i.e. Spanish by origin). In addition to meeting the residence requirement, applicants must pass the
DELE The ''Diplomas de Español como Lengua Extranjera'' ( en, Diplomas of Spanish as a Foreign Language), or DELE, are official diplomas issued by the Spanish Instituto Cervantes on behalf of the Spanish Ministry of Education and Science to participa ...
and possess at least a level A2 certificate unless the applicant is a citizen of a country where Spanish is an official language, as well as pass a cultural and historical knowledge exam called the CCSE (Conocimientos Constitucionales y Socioculturales de España).


Sephardi Jews

In 2015 the Government of Spain passed Law 12/2015 of 24 June, whereby the descendants of Sephardi Jews of Spanish origin could obtain Spanish nationality by naturalisation, without the residency requirement as explained above. The law required applicants to apply for citizenship within three years from 1 October 2015, provide evidence of their Sephardi origin, demonstrate a special connection with Spain, and pass examinations on the Spanish language and Spanish culture and institutions. The law provided for a possible one-year extension of the deadline to 1 October 2019; it was indeed extended in March 2018. The deadline for completing the requirements was extended until September 2021 due to delays due to the
Covid-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
, but only for those who had made a preliminary application by 1 October 2019. This path to citizenship is in restitution for the 1492
expulsion of the Jews from Spain The Expulsion of Jews from Spain was the expulsion from Spain following the Alhambra Decree in 1492, which was enacted in order to eliminate their influence on Spain's large ''converso'' population and to ensure its members did not revert to Judai ...
. The Law establishes the right to Spanish nationality of Sephardi Jews with a connection to Spain. An Instruction of 29 September 2015 removes a provision whereby those acquiring Spanish nationality by law 12/2015 must renounce any other nationality held. Most applicants must have passed a test of Spanish language proficiency (
DELE The ''Diplomas de Español como Lengua Extranjera'' ( en, Diplomas of Spanish as a Foreign Language), or DELE, are official diplomas issued by the Spanish Instituto Cervantes on behalf of the Spanish Ministry of Education and Science to participa ...
) and a test of knowledge of Spanish culture and institutions
CCSE
, but those who were under 18, or handicapped, were exempted. A Resolution in May 2017 also exempted those aged over 70. By July 2017 the government of Spain had registered about 4,300 applicants who had begun the process, and about 1,000 had signed before a notary public and filed their documents officially. A hundred, from various countries, had been granted citizenship, with another 400 expected within weeks. The Spanish government was then taking 8–10 months to decide on each case. After 2017, it would take 1–2 years to resolve a complete application. By March 2018 over 6,200 people had been granted Spanish citizenship under this law. And by the end of 2019, a total of about 132,000 applications were received, 67,000 of them in the month before the 30 September 2019 deadline.


Loss and recovery of Spanish nationality

Spanish nationality can be lost under the following circumstances: * Those individuals of 18 years of age or more whose residence is not Spain and who acquire voluntarily another nationality, or who use exclusively another nationality which was conferred to them prior to their age of emancipation lose Spanish nationality. In this case, loss of nationality occurs three years after the acquisition of the foreign nationality or emancipation only if the individual does not declare their will to retain Spanish nationality. The exception to this are those Spaniards by origin who acquire the nationality of an Iberoamerican country, Andorra, Philippines, Equatorial Guinea or Portugal; * Those Spanish nationals that expressly renounce Spanish nationality if they also possess another nationality and reside outside Spain will lose Spanish nationality; * Those minors born outside Spain that have acquired Spanish citizenship being children of Spanish nationals that were also born outside Spain, and if the laws of the country in which they live grant them another nationality, will lose Spanish nationality if they do not declare their will to retain it within three years after their 18th birthday or the date of their emancipation. The Civil Code regulations on loss of citizenship, and the reasons for it—including lack of registration with Spanish consular authorities overseas—and the practical application of those regulations, has varied over time. Spanish nationality is not lost as described above if Spain is at war. In addition, Spaniards "not by origin", will lose their nationality if: * they use exclusively for a period of three years their previous nationality—with the exception of the nationality of those countries with which Spain has signed an agreement of dual nationality; * they participate voluntarily in the army of a foreign country, or serve in public office in a foreign government, against the specific prohibition of the Spanish Government; * they had lied or committed fraud when they applied for Spanish nationality. People who lose Spanish nationality can recover it if they become legal residents in Spain. Emigrants and their children are not required to return to Spain to recover their Spanish nationality. (Since the nationality law automatically grants Spanish nationality to people born of a Spanish parent, a person born outside Spain to a parent of Spanish birth and nationality who uses the citizenship of the other country exclusively since birth is said to "recover" their Spanish nationality should they apply for it).


Descendants of political exiles


2007 Law of Historical Memory

In 2007, the
Congress of Deputies The Congress of Deputies ( es, link=no, Congreso de los Diputados, italic=unset) is the lower house of the Cortes Generales, Spain's legislative branch. The Congress meets in the Palacio de las Cortes, Madrid, Palace of the Parliament () in Ma ...
, under the government of
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
José Luis Rodríguez Zapatero José Luis Rodríguez Zapatero (; born 4 August 1960) is a Spanish politician and member of the Spanish Socialist Workers' Party (PSOE). He was the Prime Minister of Spain being elected for two terms, in the 2004 and 2008 general elections ...
, approved the
Law of Historical Memory Law 52/2007 That recognises and broadens the rights and establishes measures in favour of those who suffered persecution or violence during the Civil War and the Dictatorship (in Spanish: ''Ley 52/2007 por la que se reconocen y amplían derecho ...
with the aim of recognising the rights of those who suffered persecution or violence during the
Spanish Civil War The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, lin ...
(1936-1939), and the dictatorial regime that followed (1939-1975). In recognition of the "injustice produced by the exile" of thousands of Spaniards, the law allowed their descendants to obtain Spanish nationality by origin, specifically for:
* those individuals born of a parent that was Spanish by origin, regardless of the place of birth of the parent, whatever the age of the applicant. (The Spanish Civil code currently grants Spanish nationality "by origin" only to those individuals born of a Spanish national who was born ''in'' Spain, and Spanish nationality "not by origin" to those individuals born of a Spanish national who was not born in Spain ''only'' if they apply for it prior to the second year after their 18th birthday or emancipation); and * those individuals whose grandfather or grandmother had been exiled because of the
Spanish Civil War The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, lin ...
, and had lost his or her Spanish nationality. In this case the applicant must have proven that the grandparent had left Spain as a refugee or that the grandparent left Spain between 18 July 1936 and 31 December 1955. The law also granted Spanish nationality by origin to those foreign individual members of the
International Brigades The International Brigades ( es, Brigadas Internacionales) were military units set up by the Communist International to assist the Popular Front government of the Second Spanish Republic during the Spanish Civil War. The organization existed f ...
who had defended the
Second Spanish Republic The Spanish Republic (), commonly known as the Second Spanish Republic (), was the form of government in Spain from 1931 to 1939. The Republic was proclaimed on 14 April 1931, after the deposition of Alfonso XIII, King Alfonso XIII, and was di ...
in the Spanish Civil War. (In 1996, they were granted Spanish nationality "not by origin", which implied that they had to renounce their previous nationality—Spanish nationals "by origin" cannot be deprived of their nationality, and therefore, these individuals can also retain their original nationality). By virtue of this law, if an individual, whose father or mother had been originally Spanish and born in Spain, and who had previously acquired Spanish nationality "not by origin" by option (art. 20) could request his or her nationality be changed to nationality "by origin", if he or she chose to do so. Spanish nationality could be acquired by the Law of Historical memory from on 27 December 2008 until 26 December 2011; 446,277 people had applied by 30 November 2011. Around 95% were Latin American, half of them from Cuba and Argentina. To the surprise of government officials, 92.5% of all applications were made by sons or daughters of Spaniards by origin regardless of their place of birth, and only 6.1% by grandchildren of refugees. Many applications under the law came from Cuba, which also offered those Cubans an ability to leave the island, and to also live and work in EU countries other than Spain.


2022 Democratic Memory Law

The Democratic Memory Law, which passed the upper house of parliament on 5 October 2022, and came into effect on 21 October 2022, offered Spanish citizenship to the children of Spanish exiles who had fled from the regime. The 2007 Historical Memory Law had excluded children of exiles who had changed or renounced their Spanish citizenship; the new law entitled any descendant of Spanish immigrants born before 1985 – the year Spain changed its nationality law – to citizenship. This now included the grandchildren of people exiled under the Franco dictatorship, and the descendants of women who had lost their citizenship on marrying non-Spaniards. It is estimated that 700,000 people could be eligible for citizenship under the new "grandchildren law".


Dual citizenship

Dual citizenship Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on ...
is permitted for all Spaniards by origin, as long as they declare their will to retain Spanish nationality within three years of the acquisition of another nationality. This requirement is waived for the acquisition of the nationality of a Latin American country, Andorra, the Philippines, Equatorial Guinea, Portugal or France and any other country that Spain may sign a bilateral agreement with. Foreign nationals who acquire Spanish nationality must renounce their previous nationality, unless they are natural-born citizens of a Latin American country, Andorra, the Philippines, Equatorial Guinea or France. Since October 2002, dual citizens of Spain and another country who are born outside Spain to a Spanish citizen parent born outside Spain must declare to conserve their Spanish nationality between ages 18 and 21.


Citizenship of the European Union

Because Spain forms part of the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, Spanish citizens are also
citizens of the European Union European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
under
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
and thus enjoy rights of free movement and have the right to vote in
elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operate ...
for the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. When in a non-EU country where there is no Spanish embassy, Spanish citizens have the right to get consular protection from the embassy of any other EU country present in that country. Spanish citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty.


Travel freedom of Spanish citizens

According to the 2020
Visa Restrictions Index The Henley Passport Index (abbreviation: HPI) is a global ranking of countries according to the travel freedom enjoyed by the holders of that country's ordinary passport for its citizens. It started in 2006 as Henley & Partners Visa Restrictio ...
, holders of a Spanish passport can visit 190 countries visa-free or with
visa Visa most commonly refers to: *Visa Inc., a US multinational financial and payment cards company ** Visa Debit card issued by the above company ** Visa Electron, a debit card ** Visa Plus, an interbank network *Travel visa, a document that allows ...
on arrival. In the index, Spain is in the 4th rank in terms of travel freedom. The Spanish nationality is ranked eleventh in Nationality Index (QNI). This index differs from the
Visa Restrictions Index The Henley Passport Index (abbreviation: HPI) is a global ranking of countries according to the travel freedom enjoyed by the holders of that country's ordinary passport for its citizens. It started in 2006 as Henley & Partners Visa Restrictio ...
, which focuses on external factors including travel freedom. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well.


References


External links


Government of Spain. Ministerio de Empleo y Seguridad
{{Authority control
Nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
Spain and the European Union Nationality law