Spanish citizenship by birth

Regardless of the parents’ nationality or immigration status, acquiring Spanish citizenship exclusively through birth in the Spanish territory is referred to as “Spanish citizenship by birth.” This idea is frequently referred to as “jus soli,” which is Latin for “right of the soil.”

Citizenship by birth is not automatic in Spain. Ley de Memoria Democrática, a new law that made amendments to the Spanish nationality law, was approved in October 2021. According to this statute, non-Spanish parents who have children born in Spain may qualify for Spanish citizenship if they fulfill specified criteria.

How to get citizenship by birth in Spain

In Spain, the parents’ circumstances determine whether a child acquires citizenship at birth. The primary scenarios are as follows:

1. Parents from Spain. The child automatically obtains Spanish citizenship if at least one of the parents is a Spanish citizen at the time of the child’s birth.
2. Permanently residing foreign parents. The child can obtain Spanish citizenship if one parent has been a legal resident of Spain for at least two years prior to the birth and both parents are legal residents in Spain at the time of the child’s birth (having a permanent residency permit or long-term residence status).
3. Spanish-speaking grandparents and foreign parents. If one of the child’s grandparents is Spanish but neither of the child’s parents is, the child may qualify for Spanish citizenship. But there are requirements that must be followed, including registering the child in the Civil Registry within a year of birth and demonstrating a kinship or cultural tie to Spain.

Documentation and Application

To obtain Spanish citizenship by birth, you will need to follow certain documentation and application procedures. Here’s an overview of the process:

1. Obtain the required documents. You will need to gather the necessary documents to support your application. These typically include:
   • Birth certificate.
   • Parents’ documents.
   • Proof of legal residence. If one of the parents has been a legal resident in Spain for at least two years before the child’s birth, you will need to provide documentation to prove this, such as residence permits, work contracts, or utility bills.
2. Fill out the application form. You will need to complete the application form for Spanish citizenship.
3. Submit the application. Once you have completed the application form and gathered all the required documents, you will need to submit them to the appropriate authority.
4. Pay the application fee. There is usually an application fee associated with the acquisition of Spanish citizenship.
5. Await the decision. After submitting your application, you will need to wait for the authorities to process it.
6. Receive the citizenship certificate: If your application is approved, you will receive a citizenship certificate or a Spanish passport, depending on the issuing authority. This document confirms your Spanish citizenship.

Dual Citizenship

Due to Spain’s recognition of dual citizenship, you are permitted to possess both Spanish citizenship and the citizenship of another nation.