It’s becoming very popular to get Spanish citizenship. Here are five ways to do it

Spain is in fashion. In 2023, it is one of the countries with the highest quality of life to live in, according to the most recent data.

Many Latin American immigrants — and also Americans — seek dual nationality, a phenomenon that is booming globally.

A growing number of South Florida residents with strong roots and connections to Spain are applying for Spanish nationality through one of the five ways established by law to acquire this desired citizenship.

For Hispanic Americans, one of the most popular and fastest ways to apply for Spanish nationality is through the Democratic Memory Law, approved on Oct. 20, 2022.

Nationality by origin

Those born to a Spanish father or mother are Spanish by origin, and also those born in Spain to children of foreigners when at least one of the parents was born in Spanish territory.

In the latter case, they can apply for nationality if both parents are stateless — they lack nationality — or if the legislation of neither of them attributes a nationality to the child. These children need to file a record in the Civil Registry of their place of residence to declare their Spanish nationality as a simple presumption.

Children born in Spain whose parents’ identity is unknown may also apply for Spanish nationality. Minors whose first known place of stay is Spanish territory are presumed to be born in Spain.

Those under 18 years of age who are adopted by a Spaniard are also considered Spaniards by origin. If they are over 18 years of age, they may opt for the Spanish nationality by origin within a period of two years from the constitution of the adoption.

Spanish Nationality by Option

This option is a benefit that is granted so that foreigners who are under certain conditions can acquire Spanish nationality.

This option is in person and is done before the person in charge of the corresponding Civil Registry. In the case of foreigners, at the consular office.

Those who have the right to opt for Spanish nationality by option include:

▪ People who are or have been subject to the parental authority of a Spaniard. The term to opt for Spanish nationality expires two years from reaching adult status or emancipation.

▪ People whose father or mother was Spanish, born in Spain, without a term limit.

▪ People adopted by Spaniards after 18 years of age. The option period is two years from adoption.

All applications related to the Spanish Democratic Memory Law — known as the new Grandchildren Law — fall under this category, a law that admits three new assumptions to achieve Spanish nationality:

▪ Individuals born outside of Spain whose father or mother, grandfather or grandmother, was originally Spanish.

▪ Sons and daughters born outside of Spain to Spanish women who lost their nationality by marrying foreigners before the entry into force of the Spanish Constitution in 1978.

▪ Sons and daughters of legal age of those who acquired Spanish nationality by the Historical Memory Law, popularly known as the old Grandchildren Law.

Spanish Nationality by Residence

To apply for Spanish nationality by residence, you must have resided in Spain legally and continuously for more than 10 years.

But there are cases in which the required residence period is reduced to five years for those who have obtained refugee status.

It is also reduced for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin, who can apply for nationality after two years of continuous residence.

In addition, the required residence period is reduced to one year in these cases:

▪ For those who were born in Spanish territory.

▪ For those who did not duly exercise their right to acquire Spanish nationality by option.

▪ For those who have been legally subject to the guardianship, custody or foster care of a Spanish citizen or institution for two consecutive years, even if this situation still continues at the time of the application.

Legal guardianship means to be under the supervision of a guardian. The foster care that allows the reduction of legal residence to one year is when there is a resolution of the public entity in relation to the protection of minors and judicially recognized.

▪ For those who, at the time of the application, have been married to a Spaniard for a year and are not legally or de facto separated.

▪ For the widow or widower of a Spaniard, if at the time of the death of the spouse they were not separated, de facto or judicially.

▪ For those born outside of Spain to a father or mother — also born outside of Spain — grandfather or grandmother, provided that all of them were originally Spanish.

All applicants for Spanish nationality by residence must prove good civic conduct and a sufficient level of integration in the Spanish society.

Those over 18 years of age or those who are emancipated can apply for residence. Those over 14 years of age must be assisted by their legal representative, who can submit the application.

A person with his or her capacity judicially modified can also apply for Spanish nationality, on his or her own or through a legal representative, always depending on what the disability ruling indicates.

Nationality by Naturalization Certificate

This way of acquiring Spanish nationality has what is called an ex gratia or exceptional character, since not everyone can opt for it.

It can only be granted by the government by Royal Decree when the interested parties have exceptional circumstances that make them worthy of Spanish nationality, skipping all the requirements that are applicable to the rest of the foreigners interested in being Spanish.

It is usually granted to those athletes who have participated or will participate in international competitions representing Spain.

Nationality by Possession of Status

It is the most unknown nationality procedure and the least frequent. Nationality is only obtained by possession of status after 10 years using the nationality continuously and in good faith, that is, without knowing that he or she was not really Spanish, based on a title registered in the Civil Registry.

It is only granted if you have first started a file with a simple presumption value in the corresponding Civil Registry and after being approved it is registered in the Civil Registry with the names and both surnames of the parents.

Spanish nationality is not lost even if the title registered in the civil registry by which nationality was granted is annulled.