What is Spanish Citizenship by Descent?
Spanish citizenship by descent allows individuals born outside Spain to acquire Spanish nationality based on their family lineage. This route is available to those who have a parent, grandparent, or in some cases, great-grandparent who was born in Spain.
It is a popular pathway among descendants of Spaniards who emigrated during the Spanish Civil War, the Franco dictatorship, or earlier historical migrations. Spanish citizenship by descent provides not only the opportunity to reconnect with ancestral roots but also the many benefits of European Union (EU) citizenship.
Who is Eligible for Spanish Citizenship by Descent?
Eligibility for Spanish citizenship by descent depends on your direct ancestral connection to Spain. The most common qualifying categories include:
1. Children of Spanish Citizens
If one or both of your parents were born in Spain and held Spanish citizenship at the time of your birth, you are automatically eligible for Spanish nationality — even if you were born abroad.
2. Grandchildren of Spanish Citizens
If one of your grandparents was a Spanish citizen born in Spain, you may also qualify. You must provide official documentation proving your lineage, such as birth and marriage certificates linking each generation.
3. Descendants of Spanish Nationals Who Emigrated
Individuals whose ancestors left Spain during periods of political upheaval — such as the Spanish Civil War (1936–1939) or the Franco regime — may also be eligible under the Historical Memory Law (Ley de Memoria Histórica) or the Democratic Memory Law (Ley de Memoria Democrática).
These provisions aim to restore nationality to descendants of Spanish exiles and emigrants who lost their citizenship due to political or social repression.
Spanish Citizenship for Children of Spanish Citizens
Children born abroad to Spanish parents can obtain Spanish nationality automatically if their birth is registered with a Spanish Civil Registry or consulate.
Process for Children of Spanish Citizens
- Register the child’s birth at the Spanish consulate in the country of birth.
- Obtain a Spanish birth certificate from the Civil Registry.
- Apply for a Spanish passport once citizenship is confirmed.
This process formalises Spanish nationality from birth, allowing full rights as both a Spanish and EU citizen.
Spanish Citizenship for Grandchildren of Spanish Citizens
Grandchildren of Spanish nationals can also claim citizenship through the Historical Memory Law, which grants nationality to those descended from Spaniards who emigrated or were exiled for political or economic reasons.
Key Requirements
- A grandparent born in Spain who held Spanish citizenship.
- Documentation proving the family link (birth and marriage certificates).
- Evidence of the ancestor’s Spanish nationality and, if relevant, their emigration or loss of citizenship.
Once approved, you will receive Spanish nationality by option, enabling you to apply for a passport and national ID (DNI).
The Spanish Historical Memory Law (Ley de Memoria Histórica)
Introduced in 2007, the Historical Memory Law allows descendants of Spaniards who left Spain for political reasons — particularly during the Civil War or Franco dictatorship — to claim citizenship.
Eligibility Under the Law
You may qualify if:
- Your grandparent or great-grandparent was a Spanish citizen who emigrated between 1936 and 1975.
- You can provide official proof of their Spanish nationality and emigration.
Recent updates under the 2022 Democratic Memory Law have expanded eligibility, allowing more descendants to apply. This law recognises the right of citizenship for families affected by exile, loss of nationality, or historical displacement.
Dual Citizenship and Spanish Citizenship by Descent
Spain permits dual citizenship in certain circumstances. Applicants who obtain Spanish nationality by descent often retain their original citizenship, depending on their country of origin.
Dual Citizenship Agreements
Spain allows dual nationality with the following:
- Latin American countries (e.g. Argentina, Mexico, Colombia).
- Portugal, Andorra, Philippines, and Equatorial Guinea.
Citizens of countries without a dual citizenship agreement may need to renounce their previous nationality, though in practice, this is not always strictly enforced.
How to Apply for Spanish Citizenship by Descent
Applying for Spanish citizenship by descent requires proving your ancestral connection and completing registration with Spanish authorities.
Step-by-Step Application Process
Step 1: Gather Required Documents
Collect official documents to prove your lineage, including:
- Your birth certificate.
- Your parent’s or grandparent’s Spanish birth certificate.
- Marriage certificates linking each generation.
- Proof of Spanish nationality (e.g. Spanish passport, DNI).
- Proof of emigration (if applying under the Historical or Democratic Memory Law).
Step 2: Register Your Birth (If Not Already Done)
If your birth has not been recorded in Spain’s Civil Registry, register it through the nearest Spanish consulate or embassy.
Step 3: Submit the Citizenship Application
Apply through the Spanish consulate or local Civil Registry (Registro Civil). Provide all documents, translations, and apostilles as required.
Step 4: Attend an Interview (if requested)
Some applicants may be invited to attend an interview to verify their family connection or clarify details of the application.
Step 5: Await Approval
Processing times vary but may take several months. Once approved, you will receive Spanish nationality certification and can apply for a Spanish passport.
Required Documents Checklist
To apply successfully, you will need:
- Your full birth certificate (long-form).
- Your parent’s or grandparent’s Spanish birth certificate.
- Marriage certificates of your ancestors.
- Proof of Spanish nationality (passport, DNI, or naturalisation document).
- Proof of emigration, if relevant (e.g. visa stamps, residency documents abroad).
- Certified translations into Spanish (where applicable).
- Apostilles or legalisations for non-Spanish documents.
Benefits of Spanish Citizenship by Descent
Obtaining Spanish citizenship offers extensive rights and privileges both within Spain and across the European Union.
Key Advantages
- EU Citizenship: Full right to live, work, and study in all 27 EU countries.
- Visa-Free Travel: Access to over 180 countries visa-free or visa-on-arrival, including the UK, USA (via ESTA), and Canada (via eTA).
- Healthcare and Education: Access to Spain’s high-quality public healthcare and education systems.
- Political Rights: Right to vote and participate in local, national, and European elections.
- Tax and Investment Benefits: Eligibility for favourable tax arrangements under Spain’s double taxation treaties.
Spanish citizenship reconnects individuals with their cultural heritage while unlocking the privileges of EU membership.
Can You Lose Spanish Citizenship by Descent?
Spanish nationality by descent is typically permanent, but it can be lost in limited circumstances:
- Voluntarily renouncing Spanish nationality when acquiring another citizenship.
- Failing to declare the intention to retain Spanish nationality within three years of acquiring another nationality (for non-Latin American citizens).
To retain Spanish nationality, it is advisable to remain informed of your obligations under Spanish law and maintain ties to Spain.
Conclusion
Spanish citizenship by descent offers an exceptional opportunity for those of Spanish heritage to reclaim their ancestral nationality and enjoy the freedoms of EU citizenship. Whether you qualify through your parents, grandparents, or ancestors affected by Spain’s historical migrations, this route provides lasting benefits — from visa-free travel and EU mobility to access to Spain’s rich cultural and economic landscape.
By carefully gathering documentation and following the correct legal process, you can successfully secure your Spanish nationality and rediscover your connection to Spain.
For fixed-fee legal help with your Spanish citizenship application,
contact Martin Taggart — your trusted UK and EU immigration partner.