.svg)
Obtaining Spanish citizenship by descent is a powerful way to connect with your Spanish heritage and unlock the benefits of EU citizenship, including visa-free travel to over 150 countries, the right to live and work in any EU nation, and access to Spain’s healthcare and education systems. Based on the principle of jus sanguinis (right of blood), this pathway allows individuals with Spanish parents to claim citizenship, often without residency requirements. Below, we outline eligibility, required documents, the application process, and key considerations, with links to official Spanish government resources.
What Is Spanish Citizenship by Descent?
Spanish citizenship by descent allows individuals with Spanish ancestry to claim nationality based on familial ties. Governed by Articles 17–28 of the Spanish Civil Code, this process is rooted in jus sanguinis, meaning citizenship is passed through bloodline rather than place of birth. While the 2022 Democratic Memory Law (Ley de Memoria Democrática) expanded eligibility for descendants of exiled Spaniards until its closure on October 22, 2025, standard provisions continue to apply for direct descendants in 2026.
Who Is Eligible for Spanish Citizenship by Descent?
To qualify for Spanish citizenship by descent in 2026, you must meet one of the following criteria, as outlined by the Spanish government:
- Children of Spanish Parents: If one or both parents were Spanish citizens at the time of your birth, you qualify, regardless of your birthplace. This applies even if you are over 20, though those over 18 may need to follow the residency-based option process (see below).
- Born in Spain to Foreign Parents: If at least one parent was born in Spain (excluding children of diplomats), or if you were born to stateless parents or under laws that do not grant citizenship.
- Adoptees: Individuals adopted by a Spanish citizen before turning 18 are considered Spanish by origin; those adopted after 18 may opt within two years.
- Grandchildren of Spanish Citizens: Eligibility is limited compared to prior years. You may qualify if your grandparent was born in Spain or held Spanish citizenship, particularly in cases where a Spanish grandmother lost citizenship by marrying a foreigner before the 1978 Constitution. However, direct descent for grandchildren often requires that your parent (the child of the Spanish citizen) has first acquired or opted for Spanish nationality. Without this link, a one-year residency in Spain may be required before applying.
Note: Great-grandchildren are not eligible for direct citizenship by descent. The Democratic Memory Law pathway, which broadened access for exile descendants, closed on October 22, 2025, with no extension announced. Always verify eligibility with a Spanish consulate or immigration lawyer, as specific cases vary.
Step-by-Step Guide to Applying for Spanish Citizenship by Descent
Follow these steps to apply for Spanish citizenship by descent in 2026, ensuring compliance with Spanish regulations and maximizing your chances of success.
Step 1: Confirm Your Eligibility
Before starting, verify that you meet the eligibility criteria. Gather preliminary evidence, such as family records or birth certificates, to confirm your Spanish ancestry. For grandchildren or complex cases, check if a one-year residency is needed. Consult the Spanish Ministry of Justice for detailed eligibility guidelines.
Step 2: Gather Required Documents
Collecting accurate, legalized documents is critical. Common documents include:
- Birth Certificates: Yours, your Spanish parent’s, or grandparent’s, issued within the last 12 months (or as specified by the consulate).
- Marriage Certificates: If applicable, for your parents or grandparents to establish lineage.
- Proof of Spanish Citizenship: Documents like a Spanish passport, DNI, or civil registry record of your ancestor.
- Apostille and Translation: Non-Spanish documents must be apostilled (under the Hague Convention) and translated into Spanish by a certified translator (costs range from €60–€80 per document).
- Additional for Grandchildren: Proof that your parent qualifies for Spanish citizenship, or evidence of residency if required.
Visit the Spanish Consulate’s website for a complete list of required documents specific to your consulate.
Step 3: Schedule an Appointment
Applications are typically submitted at the Spanish consulate or embassy in your country of residence. Book an appointment through the consulate’s website, as walk-ins are rarely accepted. Some consulates require online pre-registration via the Sede Electrónica.
Step 4: Submit Your Application
Complete the application form (Modelo 790 Código 012 for nationality by option), available from the consulate or online at the Ministry of Justice’s Electronic Site. Submit all documents, pay any applicable fees (typically €60–€100, depending on the consulate), and attend an interview if required. Be prepared to answer questions about your ancestry and ties to Spain.
Step 5: Wait for Processing
Processing times vary but typically take 1–2 years. You can track your application status via the “Cómo va lo mío” platform if submitted electronically. Stay in contact with the consulate for updates.
Step 6: Take the Oath of Allegiance
If approved, you’ll be invited to a citizenship ceremony to swear allegiance to Spain and its Constitution. This formalizes your status as a Spanish citizen.
Step 7: Obtain Your Spanish Passport and DNI
After approval, apply for your Spanish ID card (DNI) and passport at a local police station or consulate. You’ll also need a concordance certificate to update your records with public and private institutions.
Special Considerations for 2026 Applicants
- Post-Democratic Memory Law: The expanded pathway for exile descendants has closed. Focus on standard descent rules; grandchildren may need to establish a direct parental link or complete one year of legal residency in Spain.
- Residency Requirement for Some Cases: For applicants over 20 or certain grandchildren, a one-year residency permit (as a family member of an EU citizen) may be required before opting for citizenship.
- Language and Cultural Tests: Unlike citizenship by residency, descent applicants typically don’t need to take the DELE A2 or CCSE exams.
- Dual Citizenship: Spain allows dual citizenship for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or certain other cases. Applicants from other countries may need to renounce their current citizenship, unless qualifying under specific exemptions.
Benefits of Spanish Citizenship by Descent
- EU Citizenship: Live, work, and study in any EU or Schengen country without a visa.
- Global Mobility: Enjoy visa-free or visa-on-arrival access to over 150 countries with a Spanish passport, ranked among the world’s strongest.
- Permanent Status: Unlike residency, citizenship doesn’t require renewal, offering lifelong stability.
- Cultural Connection: Reclaim your Spanish heritage and engage with Spain’s rich history and culture.
Common Pitfalls and How to Avoid Them
- Incomplete Documentation: Ensure all documents are current, apostilled, and translated. Double-check requirements with the consulate.
- Incorrect Eligibility Assumptions: Verify your lineage with a professional, as great-grandparent ties are ineligible, and grandchildren cases may require residency.
- Language Barriers: Use certified translators to avoid rejection due to improper translations.
- Overlooking Residency Needs: For non-direct descendants, confirm if one-year residency applies.
Why Seek Professional Help?
Navigating the Spanish citizenship process can be complex, especially post-2025 changes. Immigration firms like Giambrone & Partners or Harvey Law Group can verify eligibility, source documents, and manage consulate appointments, reducing the risk of errors. Expect costs for legal assistance to vary based on case complexity.
Conclusion
Obtaining Spanish citizenship by descent in 2026 remains an achievable goal for those with direct Spanish ancestry, offering unparalleled access to EU rights and global mobility. By following this step-by-step guide, gathering the right documents, and leveraging official resources like the Spanish Ministry of Justice and Ministry of Foreign Affairs, you can streamline your application. For complex cases—such as grandchildren without a direct parental link—or to ensure accuracy, consult an immigration lawyer. Start your journey today to reclaim your Spanish heritage and secure a powerful EU passport.
Disclaimer:
Immigration laws and policies change frequently and may vary by country or nationality. While we strive to provide accurate and up-to-date information, we recommend doing your own due diligence or consulting official sources. You're also welcome to contact us directly for the latest guidance. Jobbatical is not responsible for decisions made based on the information provided.
.svg)
