Spanish Nationality
And by having Collegiate “Gestores Administrativos” and Collegiate Lawyers in the team, the process gains agility thanks to the agreement maintained with these two professional colleges with the Ministry of Justice, where there is a commitment to judge the procedures initiated through this agreement in up to 1 year.
Spanish Nationality by Residence:
Through this procedure, foreigners who have been residing in Spain legally and continuously for some time can request and acquire Spanish nationality.
Assumptions:
- Reside legally and continuously for 10 years in Spain;
- Lack of a criminal record;
- Approval in the exams on the degree of proficiency in Spanish (for non-Spanish-speaking countries) and constitutional and sociocultural knowledge of Spain.
There are cases in which the time of legal and continuous residence can be reduced:
- Five years: people who have obtained residence due to refugee status;
- Two years: nationals of Ibero-American countries, Andorra, Equatorial Guinea, Portugal or the Philippines.
- One year:
- Who was born in Spanish territory;
- Who exercised his right to acquire Spanish nationality by option;
- Who has been legally subject to guardianship or foster care of a Spanish citizen or institutions for two consecutive years;
- Who, at the time of the application, has been married to a Spaniard for a year;
- The widow or widower of a Spaniard or Spaniard if at the time of the spouse's death they were not separated;
- Those born outside of Spain who have one of the parents or grandparents originally born in Spain;
Spanish Nationality by Option:
This is the assumption of habitual nationality in the case of foreign parents residing in Spain who acquire Spanish nationality having children who are minors at this time.
Assumptions:
- Those persons who are or have been subject to the parental authority of a Spaniard before coming of age;
- Those people whose father or mother had been Spanish and had been born in Spain;
- Those persons whose determination of parentage, birth in Spain or adoption occurs after the age of eighteen. In this case, the term to opt for nationality is two years from the date the filiation or birth is determined.
filiación o el nacimiento.
Spanish Nationality by Simple Presumption:
This is the assumption of nationality that is granted to some children born in Spain to foreign parents of certain nationalities who live in national territory. For this to happen, the parents must first deny their own nationality to the child, thus rendering the child stateless.
- Nationalities allowed for this assumption: both parents must be from the same country or combined with each other: Argentina, Bolivia, Brazil, Cape Verde, Colombia, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, São Tomé and Prince and Uruguay.
- Special Cases
- Ecuador: Only those born before October 19, 2008, inclusive;
- Morocco: They only have value in the case of a Moroccan mother and a father from the above countries;
- Palestine: Consult your specific case.
Spaniards will lose their nationality when:
Spaniards will lose their nationality when:
Are emancipated, reside abroad and voluntarily acquire another nationality or exclusively use the nationality that they had attributed before emancipation and also do not declare their wish to retain their Spanish nationality for 3 years. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to cause the loss of Spanish nationality for this reason;
Emancipated Spaniards who have another nationality, habitually reside abroad and voluntarily renounce it;
In the case of Spaniards who were born abroad and are Spanish because they were born to a Spanish father or mother who was also born abroad, they will lose their Spanish nationality if, within three years of emancipation or legal age, they do not declare their willingness to retain Spanish nationality.
Spaniards who are not of origin will lose Spanish nationality if:
After acquiring Spanish nationality, they use the nationality they would have renounced when acquiring Spanish for a period of three years;
When they voluntarily enter the service of arms or hold political office in a foreign state against the express prohibition of the government;
When a judgment declares that the interested party committed falsehood, concealment, or fraud in the acquisition of Spanish nationality.
Recovery of Spanish Nationality
Once Spanish nationality is lost, there is the possibility of recovering it; For this, it will be necessary to meet the following requirements:
- The interested party must be a legal resident in Spain. However, this requirement will not apply to emigrants or children of emigrants. In addition, he may be exempted from this requirement by the Minister of Justice, when there are exceptional circumstances.
- The interested party must declare before the person in charge of the Civil Registry their wish to recover Spanish nationality.
- The recovery of nationality must be registered in the Civil Registry.
Administrative Litigation Appeal for Spanish Nationality
If your Spanish Nationality process was well founded and there is no resolution after 12 months from entry, we can present an administrative litigation appeal to speed up the process.
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