Spanish citizenship by descent allows people to apply for citizenship if they have Spanish parents or grandparents. You may be eligible for citizenship if you were born outside of Spain but can prove your Spanish ancestry.
This is different from the Spanish Citizenship by Democratic Memory Law, which offers citizenship to descendants of Spaniards affected by exile during the Civil War.
Getting Spanish citizenship by ancestry brings many benefits. You can travel freely within the European Union (EU) and live in any EU country. This gives you access to great healthcare, education, and a high standard of living. Additionally, you can enjoy all the rights of Spanish citizens, such as voting and working in Spain or any other EU country.
In this article, you’ll learn all about Spanish citizenship by descent, including:
- What is Spanish citizenship by descent?
- What is the Spanish Citizenship by Democratic Law?
- Benefits of Spanish Citizenship by Descent
- Who can apply for Spanish Citizenship by Descent?
- Requirements for the Spanish Citizenship through the Grandchildren Law
- The Required Documents for Spanish Citizenship by Descent
- How to Apply for Spanish Citizenship by Descent
- Spanish Citizenship by Descent Application Processing Time
- Spanish Citizenship by Descent Application Fees
What is Spanish Citizenship by Descent?
Spanish citizenship by descent, or “jus sanguinis,” allows individuals to apply for citizenship through a direct line of Spanish ancestry, providing a way for descendants of Spanish citizens to reclaim their heritage. Under Spanish immigration law, this applies to those with a Spanish parent or grandparent and requires proving family ties through official documents like birth and marriage certificates. Applicants must submit their case to the Spanish authorities, who verify the documentation and eligibility.
What is the Spain Citizenship by Democratic Law?
The Spain Citizenship by Democratic Memory Law, also known as the “Grandchildren Law,” was introduced in 2022 to allow children and grandchildren of Spaniards who left the country during the Civil War to apply for Spanish citizenship. It was created to recognize and repair the impact of political exile. This law offers a path to citizenship for people of Spanish descent, even if they were born abroad. Applicants do not need to live in Spain or give up their current citizenship. The law is open for a limited time, with applications accepted until October 2025.
Benefits of Spanish Citizenship by Descent
When you obtain Spanish nationality through ancestry, you’ll enjoy the following perks:
- Visa-free travel and visa-on-arrival access to over 150 countries: With Spanish citizenship, you can travel visa-free to 125 countries and get a visa on arrival in 30 more.
- Right to live and work anywhere in the European Union: You can easily move, work, and settle in any EU or Schengen country without extra paperwork.
- Healthcare and social security: Spanish citizens, including those who gained citizenship through Spanish citizenship by descent, have access to Spain’s public healthcare system and social security benefits, which can also support them during retirement.
- Spanish education: Citizenship grants access to Spain’s education system, with free primary and secondary schooling and affordable university tuition.
- Consular benefits: Spanish citizens can seek help from Spanish embassies and consulates worldwide, a service non-citizens don’t have.
- Access to the EU job market: Work anywhere in the EU under the same conditions as local citizens.
- Run a business across the EU: Start and operate businesses in other EU countries without extra taxes or trade barriers.
- Family benefits: It’s easier for family members to join you, and non-EU family members may qualify for simplified residence permits.
- Strong passport: A strong benefit of obtaining a Spanish passport is the high level of global mobility it offers. According to the Global Citizen Solutions Global Passport Index, Spain ranks 20th globally and provides visa-free access to 127 countries. This makes the Spanish passport valuable for international travel, business opportunities, and personal freedom.
Who can apply for Spanish Citizenship by Descent?
There are several eligibility criteria and steps that determine who can apply for Spanish citizenship by descent. First and foremost, you must validate your claim to Spanish heritage, which can be either through your parents or grandparents.
You can obtain for Spanish citizenship by descent if:
- Born to a Spanish father or mother – The child automatically acquires Spanish nationality regardless of the year.
- Born in Spain to foreign parents, with at least one parent born in Spain—Under the 1978 Constitution, the child acquires Spanish nationality by birth if one parent was born in Spain (except children of diplomats).
- Born in Spain to stateless foreign parents or those whose nationality laws don’t grant nationality – The child can be declared Spanish at the Civil Registry under the presumption of Spanish nationality, in effect since 1982.
- Children born in Spain whose parents’ identities are unknown—Under the 1982 Nationality Law, a child is presumed to be Spanish by birth if their first known residence is Spanish territory.
- Children under 18 adopted by a Spanish national are considered Spanish by origin; if over 18, they may opt for nationality within two years of adoption under the 2007 reform of the Nationality Law.
Requirements for the Spanish Citizenship through the Grandchildren Law
Spain’s Citizenship by Democratic Memory Law, also called the “Grandchildren’s Law,” is divided into different cases to reflect the various reasons why families lost or couldn’t pass down Spanish citizenship. These cases help recognize different historical situations, such as exile, marriage laws, or past discrimination that affected people in different ways.
Because each case is based on a specific family situation or legal reason, the requirements and documents you need will depend on which case you qualify for.
Case | Who Can Apply | Required Documents |
Case 1 | Born outside Spain to parents or grandparents who were originally Spanish and went into exile (political, ideological, religious, or identity reasons) | - Annex I form - Proof of exile: • Exile pensions • Refugee documentation • Certificates from parties/unions/institutions - Additional proof: • Passport entry stamp • Consular registration • Civil registry records from host country • Arrival documentation - If no birth record: baptism certificate + negative registry certificate |
Case 2 | Born outside Spain to Spanish women who lost nationality by marrying a foreigner before 1978 | Annex II form - Birth certificate of Spanish mother - Marriage certificate (before 29 Dec 1978) - For marriages from 1954–1978: • Proof of mother's acquisition of husband's nationality • Law on nationality by marriage at that time |
Case 3 | Adults whose parent got Spanish nationality of origin under Historical Memory Law or Democratic Memory Law | - Annex III form - Birth certificate of the parent who became Spanish by option |
Case 4 | Children of parents who got Spanish nationality not of origin (under Civil Code Art. 20) | - Annex IV form - Supporting documents as listed in Annex I |
Independent of the reason to apply for citizenship, the applicant needs to comply with the following requirements:
- Oath or promise of fidelity to the King and obedience to the Constitution and the Spanish laws.
- Registration of the acquisition of nationality in the Spanish Civil Registry.
Applications must be submitted in person at your local Spanish consulate, and the deadline for submission is 21 October 2025. Depending on the applicant’s case, the application process through the Grandchildren’s Law can take one to two years.
The Required Documents for Spanish Citizenship by Descent
Applying for Spanish citizenship by descent requires applicants to submit several official documents. Below is a list of some official documents you generally need to apply for Spanish citizenship by descent. However, the Consular Office may request additional data or documents when necessary to evaluate the application.
1. Declaration form: Completed and signed by the Spanish parent if the applicant is a minor or by the applicant themselves if they’re of legal age.
2. Birth certificate of the applicant: Must be original, literal, or a certified copy (no extracts), issued within the last 12 months, and apostilled. If not in Spanish, an official translation is required.
3. Family Book or marriage certificate: Provide the parents’ Family Book. If unavailable, submit the original and a copy of the civil marriage certificate — less than a year old if from Spain, or recent (within 12 months), original, literal, or certified, and apostilled if foreign.
4. Spanish parent’s birth certificate: Original and copy, issued within the last year. If issued by the same Consulate, older certificates are accepted.
5. Foreign parent’s birth certificate: Original and copy. It must be original, literal, or certified (no extracts), recent (within 12 months), and apostilled. If it is not in Spanish, an official translation is needed.
6. Parent identification:
- Spanish parent: Valid Spanish passport.
- Foreign parent: Valid foreign passport.
- If a parent has passed away: Original and copy of the death certificate (apostilled if foreign).
7. Applicant’s passport: Original and copy of the applicant’s passport.
Please note that any foreign document must be legalized beforehand, either with the Apostille of the Hague Convention or by the Spanish Embassy and Ministry of Foreign Affairs in the country where the document was issued. If the document is not in Spanish, a translation by a certified translator recognized by the Spanish Consulate is mandatory.
How to Apply for Spanish Citizenship by Descent
You can submit applications for Spanish citizenship by descent in person to the Civil Registry, Consulate, or Embassy. Here is the general application process for how to get Spanish citizenship by descent:
Step 1: Determine eligibility
Through Parents: You qualify if one or both of your parents were Spanish citizens at the time of your birth.
Through Grandparents: You may apply if a grandparent was born in Spain or held Spanish citizenship. This includes cases where Spanish women lost their nationality by marrying non-Spanish citizens before 1978.
Step 2: Book an appointment
Schedule an appointment with your local Spanish Embassy, Consulate, or Civil Registry Office. Provide your name, phone number, and the reason for your visit (citizenship by descent application).
Step 3: Prepare your documents
Gather documents proving your relationship to your Spanish ancestor, including birth, marriage, death certificates, proof of identity, and proof of your ancestor’s Spanish nationality. Ensure all foreign documents are apostilled and translated into Spanish by an official translator. If applying under Spain’s Democratic Memory Law, you may need documents proving your ancestor’s exile or political persecution.
Step 4: Submit your application
Attend your scheduled appointment and submit your completed application form along with the required documents. If you’re a minor, your parents must apply on your behalf. In cases of divorced or separated parents, written consent from the non-applying parent may be necessary. The authorities may ask for further documentation or clarification, so keep extra copies and backups of all your papers.
Step 5: Await a decision
The processing time varies depending on the consulate or registry office. If your application is successful, you’ll be registered as a Spanish citizen.
Final Step: Obtain your Spanish citizenship and passport
Once your citizenship is officially granted, you can apply for a Spanish passport and national ID card (DNI). This marks the completion of your journey to becoming a recognized Spanish citizen.
If your parents’ marriage or divorce occurred outside Spain, ensure it is registered with the Spanish Civil Registry. This keeps your citizenship status clear and undisputed for future generations.
Spanish Citizenship by Decent Application Processing Time
Applications for Spanish citizenship by descent can take a few months for the children of Spanish nationals and up to a couple of years for those applying through a grandparent born in Spain. Due diligence and processes for verifying and confirming all the information provided determine the total duration.
How much does it cost to apply for Spanish Citizenship by Descent?
When applying for Spanish Citizenship by Descent, there is no application fee. However, it’s important to note that you might be asked to submit additional documentation, such as birth certificates or marriage certificates. All documents issued outside Spain may need to be authenticated or “apostilled” and translated by a certified translator. The cost of translation is usually from €60 to €80 per document, depending on the complexity and length of the documents.
Can you hold dual citizenship in Spain?
Dual citizenship was a complex matter in Spain as the Spanish government didn’t provide the universal right to dual citizenship for new citizens. Today, under the Democratic Memory Law, all applicants, no matter where they are from, can hold dual citizenship.
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Frequently Asked Questions about Spanish Citizenship by Descent
Can you apply for Spanish citizenship through ancestry?
Yes, you can obtain Spanish citizenship by descent if one of your biological parents was a Spanish national, like your mother or father. Spanish citizenship through ancestry is available to children born to Spanish parents or those with Spanish grandparents, as long as they have the documents to prove their lineage.
How do I get Spanish citizenship by descent?
You can get Spanish citizenship by descent if:
- Your father or mother is a Spanish citizen
- Both biological parents were born in Spain
- You were adopted by a Spanish citizen before you turned 18
- Your grandparents are Spanish nationals
Ensure you have the necessary documents before applying.
Is it easy to get Spanish citizenship by descent?
The ease of acquiring Spanish citizenship by descent can vary depending on your specific circumstances, such as the availability of necessary official documentation and your connection to Spain. Citizenship by descent is easier to obtain if one of your parents is a natural-born Spanish citizen.
How many generations qualify for Spanish citizenship by descent?
Descendants can claim Spanish citizenship up to the second degree. This includes Spanish nationals’ children and grandchildren.
Can my children become citizens of Spain as well?
If you are a Spanish citizen by birthright, your children are eligible for Spanish citizenship. If you acquired Spanish citizenship by naturalization, your children will only be eligible for Spanish citizenship if they are under 20, born in Spain, or by naturalization, in case they live in Spain for 10 years or 2 years, in specific cases.
Do I need to renounce my current citizenship to become a Spanish citizen by descent?
No, under the Democratic Memory Law, all applicants, no matter where are they from, can hold dual citizenship in Spain.
Is there an age limit for applying for Spanish citizenship by descent?
There is no specified age limit to obtain Spanish citizenship by descent. Provided you can prove one of your parents or grandparents obtained Spanish citizenship by birthright, you can obtain citizenship through Spanish ancestry.
Can I apply for Spanish citizenship by descent if my Spanish ancestor is deceased?
Yes, you can apply for Spanish citizenship by descent if your Spanish ancestor is deceased. You will need to provide their birth, marriage, and death certificates, along with proof of their Spanish nationality. If your ancestor was exiled or lost their nationality, additional documentation may be required.
What is the two-year citizenship program in Spain?
The two-year citizenship program in Spain refers to the option for descendants of Spaniards who were exiled due to political, ideological, religious, or sexual reasons during the Spanish Civil War and Franco’s dictatorship. Under Spain’s Democratic Memory Law (Ley de Memoria Democrática), eligible descendants can apply for Spanish citizenship after just two years of residency in Spain, rather than the usual ten-year requirement for others.
How do I get Spain citizenship through grandparents?
To apply for Spanish citizenship through a grandparent, you need to have grandparents born in Spain or who was granted Spanish citizenship at birth. The eligibility criteria require you to prove your lineage, just as you would through a Spanish mother or father.
How can I appeal a denied application for Spanish citizenship by descent?
To appeal a denied application for Spanish citizenship by descent, you can submit a formal appeal to the Ministry of Justice within one month of receiving the decision. The appeal must include any additional supporting documentation that may address the reasons for the denial. If the appeal is rejected, you can take the case to an administrative court.
What documents are needed for Spanish Citizenship by Democratic Memory Law?
For Spanish Citizenship under the Democratic Memory Law, you need the following documents:
- Proof of your ancestor’s Spanish nationality (birth, marriage, or death certificates).
- Documents proving exile or political persecution (e.g., refugee certifications, exile-related documents).
- Your own birth certificate.
- Documentation of your ancestor’s departure from Spain (e.g., passport entry stamps).
- Annex I (required form).
Is there another way to apply for Spanish citizenship if I do not have Spanish relatives?
Yes, you can apply for Spanish citizenship through naturalization after 10 years of residency, or through marriage after one year of legal residency if married to a Spanish citizen. In both cases, you’ll need to demonstrate integration into Spanish society, including language proficiency and cultural knowledge.
How do you apply for Spanish Citizenship by Descent?
To apply for Spanish citizenship by descent, you must prove that one or both of your parents are Spanish citizens, even if born outside Spain. You’ll need to submit documents like birth certificates and proof of your parent’s Spanish nationality. Applications are made through the Spanish Civil Registry or a consulate abroad.
* Done Spain have residency programs that can lead to permanent residency and citizenship?
Yes, Spain offers residency programs that can lead to permanent residency and citizenship. The Spain Digital Nomad Visa lets remote workers live in Spain, with eligibility for permanent residency after 5 years and citizenship after 10 years. The Spain Non-Lucrative Visa is for those with passive income and follows the same timeline toward long-term residency and citizenship.