Spanish nationality

Spanish nationality2018-11-23T09:30:51+00:00

Spanish Nationality

It is the quality of a person determined by the bond or the relationship that links it with a certain State.

The following persons can apply for Spanish nationality:

  • The party by himself whenever he/she is over 18 years old or is emancipated.

  • The over 14-year-old capable of giving a declaration by which he/she swears or promises fidelity to the King or obedience to the Constitution and the laws.

    In order for Spanish nationality to be granted, it is necessary that the interested party has resided legally and continuously in Spain and that residence has lasted at least 10 years.

    In the case of persons who have obtained asylum or refuge, the course of 5 years will be sufficient and 2 years will be required in the case of nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or the Sephardim.

    There are specific cases in which the period of residence required by law will be reduced:

  • A year for those born in Spain, also for the children of foreign parents with legal residence in Spain.

  • A year for which you have been legally subject to guardianship, guardianship or fostering of a Spanish person or institution for two consecutive years, even if you continue in this situation at the time of making the request.

  • year of legal and continued residence for the spouses of Spaniards.

  • A year for which you did not exercise your right to acquire nationality by option.

  • One year to the widow or widow of Spanish, if at the time of the death were not separated de facto or judicially.

  • A year born abroad, son of father or mother, grandfather or grandmother who had been Spanish.

  • The one born outside Spain of father or mother, grandfather or grandmother, who had originally been Spanish.

  • The natives of the Latin American countries, do not have the obligation to renounce their nationality of origin to obtain the Spanish because they are granted the right to hold dual citizenship.

The nationality can be of different types according to the circumstances in which it is acquired:

By origin

By adoption

By nature letter

By option

By simple presumption

By Residence

The Congress of Deputies approved in 2015 the Bill that grants Spanish citizenship to Sephardic descendants of Jews expelled from Spain in the 15th century.

Sephardic Jews

The nationality is the legal bond that unites the person with the state and has the double slope of being a fundamental right and constituting the legal status of the people. Because of this relationship, the individual enjoys rights that he can demand from the state organization to which he belongs and this, as a counterpart, can impose the fulfillment of a series of obligations and duties.

In this circumstance, the Spanish nationality may be granted by Naturalization Letter to the Sephardis originating in Spain.

The Congress of Deputies approved in 2015 the Bill that grants Spanish citizenship to Sephardic descendants of Jews expelled from Spain in the 15th century. The rule eliminates the need for residence in Spain and does not require the renunciation of the previous nationality.

This law opened a specific path for this community that is expected to close in October 2018, although the Government may extend its validity for one more year.

So now Sephardic Jews have three ways to acquire Spanish nationality:

1 • Law 2015: for Sephardic citizens from Spain who prove this condition and a special relationship with Spain, even if they do not have legal residence in Spain.

The next two will be those that will continue to exist when the process of the 2015 law is closed:

2 • The residence: Sephardic Jews, regardless of their nationality, can apply for Spanish nationality after two consecutive years, legal and prior to the application for residency in Spain.

3 • Naturalization Letter: Sephardic Jews, regardless of their nationality, can apply for Spanish nationality in this way without having to meet the residency requirements. The granting of nationality by naturalization letter is a discretionary power of the Council of Ministers, which is processed when there are exceptional circumstances. It is the responsibility of the Council of Ministers, therefore, to determine whether, in relation to each individual request, said exceptional circumstances are present and, therefore, to decide at its discretion on its granting.

The acquisition of Spanish nationality by any of these means does not imply losing the nationality of origin of the interested party.

Sephardic Jews, it is known by this name who lived in the Iberian Peninsula and, in particular, to their descendants, those who after the Edicts of 1492 compelled to the forced conversion or the expulsion took this drastic route. These three ways apply ONLY to the Sephardic Jews who can certify this circumstance.

Para poder certificar que el interesado tiene efectivamente orígenes sefardíes, la ley establece que se valorará en conjunto 7 tipos de documentación. Los requisitos para la acreditación de la condición
de judío sefardí son complicados y requieren la aportación de documentación específica. Ponte en contacto con nosotros y te informaremos de la documentación requerida, la forma de aportarla, qué documentos son válidos y cuáles no y te asesoraremos durante todo el procedimiento para que ésta concluya con éxito.

Por último el interesado debe saber que la ley exige superar dos pruebas, una de idioma (salvo que tu país de origen tenga por lengua oficial el español) y otro de cultura (CCSE). Ambas pruebas son organizadas por el Instituto Cervantes.