How to obtain Spanish Citizenship?

Published by Liuzzi e Liuzzi International law firm in Spanish Law · 17 November 2018
Tags: Spanish, citizenship, Spanish, nationality, Spanish, passport

LIUZZI e LIUZZI

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How to acquire Spanish Citizenship?

-European nationalities and passports Area-

Spanish citizenship can be acquired:

automatically with no need of express declaration

not aumatic recognition

In these cases citizenship is being recognized by Spanish Kingdom.

First of all if there is an active role in the formulation of the request by the interested alien.

A frequent question is “I am national of a Country is it the same as having a passport of that Country?”

Of course we are talking about connected concepts but these expressions are not synonimus.

If for instance a person has the Spanish citizenshiphe/she is can request the emission of the Spanish passport (this can be untrue in some specific cases) which is a Passport of the European Union.

A Spanish passport is a public document, a personal one that cannot be transferred and in general except contrary evidence accredits the identity of a person and the nationality of the Spanish citizens outside the Spanish territory and also the one of the Spanish citizens resident in foreign Countries when they are in Spain.

How to acquire Spanish citizenship automatically

Acquisition of Spanish nationality because of natural filiation

Acquisition of Spanish citizenship because of filiation established by a judge of adoption

In Spain it dominates the so called “iure sanguinis” criteria as established by the Civil Code, article 17 “ They are Spanish those born of Spanish father or mother”.

But there are additional cases of recognition of Spanish Citizenship according the “ius soli” criteria.

Those born in Spain of alien parents if at least if at least one of them was born in the Spanish territory.

An example ?

Federico is a child born in Spain, his father was born in australia and his mother was born in Barcelona, in Spain.

The question is: “Is Federico of Spanish nationality”

The answer is: “Yes, he is!”

Pay attention though because there also exceptions to this rule. Just think for example of the children of foreign diplomatics born in the Spanish territory. They are not Spanish).

“Ius soli” is also used in cases where it is necessary to avoid the condition of “stateless person”, exactly in cases of children born in Spain

This criteria is also used to children born in Spain with no determined filiation.

Not automatic recognition of the Spanish Citizenship

It can be:

optative

naturalisation through “carta de naturalización” or through acquiring for residence.

If the Country of origin of the person who is recquiring the recognition of the Spanish citizenship for residence is a Country with a strong connection with Spain, for instance a Latinamerican Country, Portugal or Andorra time of residence is of only 2 years.

For the so called “posesión de estado” the one who has been of Spanish nationality will maintain his status of Spanish citizen even if the reason why he waas considered Spanish and he has lived till that moment like “a Spanish citizen” is no more valid. (For example the son of a Spanish man whose father has discovered he is not the biological father).

file an application to request recognition of Spanish citizenship for you or for your children
Spanish passport renewal in Spain (or abroad at the Spanish embassies)
Legal assistance in case of refusal of Spanish citizenship request of recognition
Legal consulting and assistance to International clients seeking to obtain a VISA for Spain for business, study, tourism
Legal advice and complete assistance to obtain a GOLDEN VISA in Spain.
Legal consulting and judicial assistance to obtain the judicial recognition of paternal (or maternal) filiation in Spain (or in Italy as we are also an Italian Law firm).

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