Spanish Nationality Law

The Spanish nationality law outlines the conditions under which individuals can acquire, preserve, or lose Spanish nationality. Governed by [Article 11] of the Spanish Constitution, the law emphasizes that a español de origen ("Spaniard by origin") cannot be deprived of their nationality. This stands as a significant protection under the law, ensuring that individuals recognized as Spaniards by origin retain their nationality unless they voluntarily renounce it.

Acquisition of Spanish Nationality

Spanish nationality can be acquired through various means such as birth, descent, option, or naturalization.

By Birth

Individuals born in Spain to foreign parents may acquire Spanish nationality if at least one parent was also born in Spain. This is a measure that reflects the historical influences of jus soli principles.

By Descent

A child born to at least one Spanish parent, regardless of the child's place of birth, is typically granted Spanish nationality by descent. Such a provision aligns with the doctrine of jus sanguinis, which emphasizes nationality through lineage.

By Option

Spanish nationality by option can be claimed by those who were under the legal custody of a Spanish national or those whose parentage involves a Spanish national and are eligible if they declare their option within two years after reaching 18 years of age or after their "emancipation." However, for individuals whose parents were originally Spanish and born in Spain, there is no age limit for such declaration.

By Naturalization

Naturalization is another pathway for acquiring Spanish nationality. It is generally subject to an extensive residency requirement, often ten years, but exceptions exist for certain cases such as individuals from Ibero-America, Portugal, Andorra, the Philippines, or those of Sephardic Jewish descent, where a shorter residency period is required.

Preservation of Spanish Nationality

Spanish nationality can be preserved even if the individual resides abroad. Until changes to the law in 2003, Spanish citizens born in an Ibero-American country or specified former Spanish territories to a Spanish citizen parent born outside of Spain, and who held that other country's citizenship, could preserve Spanish nationality without a declaration of retention. Now, to maintain Spanish nationality, individuals must register their intent to preserve it in the civil registry at a Spanish consulate.

Loss of Spanish Nationality

Loss of Spanish nationality can occur through voluntary renouncement, acquisition of another citizenship without declaring the intent to retain Spanish nationality, or prolonged residence outside Spain without registering the desire to maintain it.