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Applying for Spanish Nationality Options.

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There are various ways that you can acquire Spanish nationality:

Modos de adquisición
Ways of obtaining Spanish nationality:

(Residency. )

Carta de naturaleza
(This form of acquisition of nationality 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 by Royal Decree, after assessing the concurrence of exceptional circumstances.

Sefardíes (Ley 12/2015, de 24 de junio)

Españoles de origen.

(spanish by Origin). Those born to 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 (children of diplomats are excepted).

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 made in the Civil Registry of your home to declare Spanish nationality with the 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.

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

Posesión de estado

(Any person who has possessed and used this nationality for ten years, continuously, in good faith (without being aware of the real situation, that is to say, that he or she is not actually Spanish), will have the right to Spanish nationality, on the basis of to a title registered in the Civil Registry. 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 fulfilment of their duties in relation to organs of the Spanish state)


Option. The option is a benefit that our legislation offers to foreigners who are in certain conditions, so that they acquire Spanish nationality. They will have the right to acquire Spanish nationality in this way:

Those persons who are or have been subject to the parental authority of a Spaniard.
Those people whose father or mother had been Spanish and had been born in Spain.
Those people whose parentage determination (the parentage determination means establishing who the parents of a person are) or birth in Spain occurs after eighteen years of age. In this case, the term to opt for nationality is two years from the date the filiation or birth is determined.
Those people whose adoption by Spaniards occurs after eighteen years of age. In this case, the right to opt exists until a period of two years has elapsed from the constitution of the adoption).

Act of conservation Spanish nationality

​Spaniards born on or after January 9, 1985 and residing abroad, children of Spanish parents also born abroad, will lose Spanish nationality if they do not make a declaration of conservation of said nationality in the Consular Civil Registry. The term to make this declaration is three years from the acquisition of the age of majority, that is, until before reaching the age of 21.

This section details the cases in which it is necessary to declare the will to retain Spanish nationality in order not to lose it, the deadline for doing so and the requirements.

Who is obliged to make the declaration of conservation in order not to lose Spanish nationality?
Spanish citizens in which the following three conditions are met:

Being born outside of Spain on or after January 9, 1985;
Being the son of a Spanish father and/or mother also born outside of Spain; Y
Reside outside of Spain.
Spanish citizens who, in order to acquire Spanish nationality, have exercised the right of option under any of the cases contemplated in the Civil Code or under the provisions of Law 52/2007 (Historical Memory Law) do not have to carry out this procedure. .

At what point do you have to make the declaration of conservation in order not to lose your Spanish nationality?
To preserve Spanish nationality, the declaration of conservation must be made from the age of 18 and, in any case, before turning 21.

How is the declaration of conservation carried out so as not to lose Spanish nationality?
The procedure is very simple. The interested party must appear at the Consulate General of Spain in their place of residence, upon reaching 18 years of age and, in any case, before turning 21, with the following documents:

Current Spanish passport (original and simple copy);
Literal Spanish birth certificate, if you have it (simple copy);


Acquisition of Spanish nationality

Further information including exams

For those who will need a lawyer with expertise in this field, please check the www.lawyersmartcard.eu

or. Spain info Card

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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