Spanish Citizenship By Option | Eligibility & How to Apply | IAS (2023)

Overview

Are you interested in obtaining Spanish citizenship through the option process? If so, then it’s essential to know the eligibility criteria that come into play. This section will discuss how someone can become eligible for Spanish citizenship by option.

Close Family Links

The eligibility criteria for Spanish citizenship by option stem from close family links that the person has with Spanish citizens. For example, if you’re the child of a Spanish national or were born to a Spanish father or mother in Spain, you may be eligible to opt for Spanish nationality.

Parental Authority

If you’ve been under the parental authority of a Spanish national, then you may be eligible for Spanish citizenship by option. Simply put, if your father or mother became a Spanish citizen while you were 18 years old or older, you won’t be eligible for this process. In such cases, citizenship by residency would be more suitable for you if you meet the requirements.

Adopted Persons

Adults adopted by Spanish nationals may also be eligible for Spanish citizenship by option. However, it’s important to note that this option only applies to those who were adopted after the age of 18.

Law 52/2007 and Law 20/2022

Laws 52/2007 and 20/2022 provide special procedures for acquiring Spanish nationality by option. For example, the Historical Memory Law (52/2007) allows the descendants of Spanish nationals exiled during the Spanish Civil War and dictatorship to obtain Spanish citizenship. Similarly, Law 20/2022, which deals with democratic memory, allows certain people to become eligible for Spanish nationality if their father, mother, grandfather, or grandmother lost or renounced their Spanish nationality due to political or ideological reasons.

Children Born in Spain

Finally, children born in Spain to parents who were not Spanish citizens and are from a country that does not recognise nationality if the child is born abroad can also opt for Spanish citizenship. This process is known as “presumption” and can be formalised without worrying about timing restrictions.

Overview

Before we run through the legal procedure of obtaining Spanish citizenship, we must understand who can carry out the process.

The individual or their legal representative can request the application under the following conditions:

• Their legal representatives will formalise the application if the son or daughter is less than 14 years of age.
• If the child is between 14 and 18, or if they are disabled but the disability is not restrictive, then the person can request the nationality, assisted by their legal representative.
• Those above 18 years of age or free from parental care will present the application themselves.

Where to Initiate the Procedure?

Depending on your child’s situation, you can choose where to initiate the application process.

• If the child is a resident of Spain, you must submit the application at the civil registry in their municipality.
• If the child lives abroad, as in most cases, you must submit the application at the Spanish consulate in that country.

Spanish citizenship by option is one of the easiest to initiate. If the child is based in their country of origin, the procedure will be carried out there. If they live in Spain, then it should be done in Spain.

There is, however, one exception to the rule. If the child is younger than 14 years of age, the parent is allowed to formalise the application in their own country of residence regardless of where the child lives.

Ease of Access

Obtaining Spanish citizenship by option is a straightforward process. Citizens of Spanish-speaking countries can apply for the option from their country of origin, making the process relatively straightforward. Applicants must not be physically present in Spain to apply for this option.

One of the Shortest Nationality Procedures

Spanish citizenship by option is one of the quickest and most efficient nationality procedures available. It takes up to one year for the application to be processed and for the individual to become a Spanish citizen. This makes it an excellent choice for those looking to obtain Spanish citizenship in a short amount of time.

Not Having a Valid Passport

One of the most important documents you’ll need to provide when applying for Spanish citizenship by option is a valid passport. Without a valid passport, you’ll be unable to prove your identity, and your application will be rejected. To avoid this, ensure your passport is valid, has been renewed if necessary, and contains all the required information.

Failure to Provide a Copy of All Passport Pages

When you apply for Spanish citizenship by option, you’ll need to provide a copy of your passport. This means that you’ll need to provide a copy of all the pages, not just the first few. Failure to provide all the necessary pages can delay your application or even cause it to be rejected.

Typographical or Typing Errors

When filling out the application forms for Spanish citizenship by option, it’s essential to be meticulous and avoid typos or errors. This may seem insignificant, but these errors can lead to your application being delayed or rejected. So, take your time filling out the forms, and make sure that all the information is accurate and up-to-date.

Expired Criminal Record Certificate

One of the requirements for Spanish citizenship by option is a criminal record certificate. This certificate must be obtained from your home country and be valid at the time of the application. If your criminal record certificate has expired, your application will be rejected, so renew it before submitting it.

Applying for Nationality with a Criminal or Police Record

If you have a criminal or police record, you may not be eligible for Spanish citizenship by option. This is because the Spanish government requires that all applicants have a clean criminal record. If you have a criminal or police record, it’s important to address this issue before applying for citizenship by option.