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Spanish Nationality

Under Spanish law, nationality is defined as the legal bond linking a person to the State, entitling them to its protection and the exercise of their rights, while imposing a series of obligations. There are two categories of citizens: nationals by origin and nationals by derivative acquisition.

For foreign nationals, access to Spanish nationality is obtained through derivative acquisition, which is divided into several routes:

  • By option.
  • By residence.
  • By possession of status (or consolidation).
  • Under the Democratic Memory Act.
  • By letter of naturalisation.

1. Residence Periods Required for Nationality by Residence

To access this route, the foreign national's residence in Spain must be legal, continuous and immediately prior to the application. The required periods vary according to the applicant's situation and origin:

  • 10 years: The general rule for most foreign nationals.
  • 5 years: Applicable to those who have been granted refugee or asylum status.
  • 2 years: Required for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or persons of Sephardic origin.
  • 1 year: Reduced to one year for those born in Spanish territory; those who did not exercise the right of option in time; those who have been under guardianship, curatorship or foster care of a Spanish citizen or institution for two consecutive years; those who have been married to a Spanish national for one year (without legal or de facto separation); widows or widowers of a Spanish national; and those born outside Spain to a father, mother or grandparents who were originally Spanish.

2. Common Requirements for the Application

Regardless of the derivative route (option, letter of naturalisation or residence), the following mandatory requirements must be met for the acquisition to be valid:

  • Integration and good conduct: The applicant must demonstrate good civic conduct and a sufficient degree of integration into Spanish society in the application file.
  • Oath or pledge: Applicants over 14 years of age with the capacity to make a declaration must swear or pledge allegiance to the King and obedience to the Spanish Constitution and laws.
  • Renunciation of previous nationality: As a general rule, applicants must declare renunciation of their previous nationality. Nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, Sephardim originally from Spain, and those covered by the Democratic Memory Act are exempt from this requirement.
  • Civil registry registration: The acquisition of nationality must ultimately be registered in the Spanish Civil Registry.

3. Procedure and professional representation

Our service specialises in close support, transparency and legal reliability. To successfully complete a nationality application, at Juan Vega we follow these working guidelines:

  1. File audit and time limits: We transparently analyse the client's situation to confirm that their period of residence is legal and has not been interrupted by prolonged absences from the country, determining whether the general 10-year rule applies or one of the reduced periods (5, 2 or 1 year).
  2. Document collection and review: To ensure the reliability of the procedure, we gather the required documentation, paying special attention to ensuring that foreign documents (such as the full birth certificate or criminal record certificate) are duly legalised or apostilled and, where applicable, officially translated into Spanish by a sworn translator.
  3. Submission to the competent authority: The power to grant nationality by residence lies with the Minister of Justice, although the decision is delegated to the Directorate General for Registries and Notaries. We submit the application (currently online) and provide constant follow-up on the status of the file.
  4. Post-grant support: If the decision is favourable, we inform the client that the grant expires after 180 days if they do not appear before the competent official to take the oath or pledge. If the decision is negative, we continue to advise you on the possibility of filing an appeal before the administrative courts.

4. The Oath or Pledge of Nationality

This is the final formal step by which the foreign national consolidates their new legal status as a Spanish citizen. Its main characteristics are:

  • Who must perform it: It is mandatory for every applicant over 14 years of age who has the capacity to make the declaration in person.
  • Declaration of allegiance: The applicant must swear or pledge allegiance to the King, as well as obedience to the Spanish Constitution and laws.
  • Renunciation of nationality of origin: At this same act, as a general rule, the person must declare renunciation of their previous nationality. However, the law provides important exceptions: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardim originally from Spain are not required to renounce.
  • Civil Registry registration: Once the oath and the relevant renunciation have been completed, the new nationality must be registered in the Spanish Civil Registry in order to take full effect.
  • Expiry period: It is essential to act quickly after the application is approved. The grant of nationality will expire 180 days after notification if the applicant does not appear within that period before the competent official to perform the oath and complete the registry registration.