28 de January, 2026
The end of the Democratic Memory Law marked another change in the rules governing access to Spanish citizenship. After an exceptional period, between October 2022 and October 2025, Spanish nationality is once again regulated by the Spanish Civil Code, which is the legislation in force in 2026.
Although this law represented a major opportunity for many descendants, not everyone was able to apply for citizenship within the established timeframe. Still, this does not mean the end of the road. With the return to the traditional rules, there are still several legal ways to become Spanish, whether through descent or through length of residence — what changes is the legal framework and the requirements applicable to each profile.
In this updated guide, you will understand how Spanish citizenship works after the end of the Democratic Memory Law, how much it costs, how the Civil Code differentiates Spaniards born in Spain from those born abroad, in which situations citizenship is automatic, and when it depends on a period of residence. Throughout the article, you will find clear guidance to identify which path applies to your case.
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Read also: Spanish and U.S. Dual Citizenship: Does Spanish Nationality Affect US Status?
Spanish citizenship is available by descent, by residence, and by marriage, depending on the applicant’s personal and legal circumstances. The relevant rules are set out in the first book of the Spanish Civil Code.
Spanish legislation distinguishes nationality by origin from nationality acquired later through option, residence, or special concession. This distinction is important because it determines whether citizenship is automatic, whether it is subject to deadlines, and whether it may require a period of residence in Spain.
Those considered Spanish by origin include, for example, children of Spanish fathers or mothers who were born in Spain.
In general, children of Spaniards by origin enjoy greater legal protection, while those who acquire nationality by option or residence are subject to specific rules set out in the Spanish Civil Code. Throughout this article, we explain how this distinction affects each profile.
First, to pursue Spanish nationality, it is essential to gather detailed information about family members, such as dates and places of birth, starting with the Spanish ancestor who emigrated. It is also necessary to verify whether Spanish nationality was lost, since naturalization in another country does not always imply automatic loss of Spanish nationality. Even in cases of loss, recovery may still be possible.
Another crucial point is determining whether the Spanish parent was born in Spain and whether they were still a Spanish citizen at the time their child was born abroad. If so, the child automatically acquired Spanish nationality. If the birth was not registered during minority, registration may still be possible later, regardless of age. However, in some cases, it may be necessary to reside in Spain for at least one year.
In general, those entitled to apply for Spanish nationality include:
If you are the child of a Spanish father or mother by origin, regardless of your place of birth, you are entitled to Spanish nationality. An important detail: the Spanish Civil Code distinguishes between Spaniards born in Spain and those born abroad.
Children of Spaniards who were born in Spain always have the right to obtain Spanish citizenship, at any time and at any age.
On the other hand, descendants of Spaniards born abroad are only entitled to Spanish citizenship if they were registered at a Spanish Consulate before turning 21. Those who obtained Spanish citizenship as children of Spaniards also born abroad must declare their intention to retain Spanish nationality between the ages of 18 and 21, under penalty of losing it.
If you are the child of a Spaniard born abroad and were not registered at the Spanish Consulate before age 21, you may still be entitled to Spanish citizenship. In this case, the applicant must legally reside in Spain for at least one year to become eligible.
Find out here how you lose your Spanish nationality and how to get it back.
During the Democratic Memory Law, it was possible to skip a generation and apply for nationality directly as a grandchild. With the end of the temporary regulation, the previous rule applies again: the intermediate generation must apply first and then pass nationality on to their children.
As a rule, grandchildren of Spaniards do not automatically acquire nationality and must rely on the residence route, which requires a minimum of one year of legal residence.
Click here to learn more about the advantages of Spanish citizenship.
Spanish legislation recognizes as Spaniards by origin the children of foreign parents born in Spanish territory when they do not hold another nationality. These cases are known as “simple presumption” and aim to prevent statelessness.
Although Spanish law does not prioritize jus soli, there is a legal pathway to recognize Spanish nationality for babies born on Spanish soil.
The child must first be registered in Spain. Only afterward, if desired, may the child be registered at the parents’ country of origin consulate, provided that country allows dual citizenship.
This applies, for example, to children of Brazilian parents born in Spain, as long as they are not first registered at the Brazilian consulate.
⚠️ If the child is first registered at a foreign consulate (before registration in Spain), they lose the automatic right to Spanish nationality.
Spanish law provides for the granting of citizenship by residence. The standard minimum residence period is 10 years.
However, this period is reduced in certain cases:
⚠️ Residence must be legal and continuous. Time spent in Spain under a student visa does not count.
* Ibero-American countries: Portugal, Spain, Andorra, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, Venezuela, Mexico, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Cuba, Puerto Rico, Dominican Republic.
Spanish citizenship through marriage is a form of nationality by residence. After marrying a Spanish citizen, it is possible to apply for nationality after just one year of legal residence in Spain.
Spanish Citizenship for Widows and Widowers
Widows and widowers can apply for Spanish citizenship as long as they were married at the time of their spouse’s death. However, in the case of divorce, it is not possible to apply for nationality, as the end of the marriage (even if informal) prevents the application, regardless of the length of separation.
Descendants of Sephardic Jews were eligible to apply for Spanish citizenship until October 1, 2019, under Law 12/2015. Only those who initiated the process before that date may complete it.
Those who did not may still benefit from a reduced residence requirement of two years to apply for Spanish citizenship through residence.
This is a less common means, as it is a citizenship offered by royal decree in exceptional circumstances. It is usually intended for athletes, writers, activists or artists. Just as a point of curiosity, some famous individuals who have acquired Spanish citizenship through this route include: Lorenzo Brown (basketball player), Juan José Campanella (film director), Ricardo Darin (actor), Benicio del Toro (actor), Ricky Martin (singer), Federico Luppi (actor).
Read also: Spanish Citizenship by Surname.
The exams for Spanish citizenship are required for those who wish to apply for citizenship by residence, by option, or by Carta de Naturaleza. In these cases, it is necessary to demonstrate integration into Spanish society. The exams serve to assess the applicant’s constitutional, sociocultural, and linguistic knowledge.
There are two exams:
Spaniards by origin are exempt from these exams.
Below are the costs associated with Spanish nationality:
In addition to mandatory fees, you will also need to consider additional costs, such as:
Therefore, the initial cost can vary greatly depending on your specific needs, starting from around 300 euros and possibly exceeding 2,000 euros. Note that the requirements vary widely depending on each case.
Regarding the documents for Spanish citizenship, the requirements vary depending on the type of process. In general, these are the most important documents:
Citizenship by Ancestry
Citizenship by Residence
Unlike what happens in other countries, such as Portugal, Spain does not provide an app or public portal for real-time tracking of nationality applications. Unfortunately, the only option is to wait for communication from the Spanish authorities via the email address registered in the application.
In Spain, unlike in other countries, the laws governing access to nationality have undergone several changes over the years. For this reason, the requirements and eligibility criteria for Spanish citizenship are not always clear. Each case must be carefully analyzed, taking into account a wide range of factors.
The specialists at Atlantic Bridge have in-depth knowledge of the requirements and recent changes in Spanish legislation, making access to Spanish citizenship easier. We offer personalized guidance based on your specific case, helping you understand eligibility criteria and identify the necessary documents. In addition, if you meet the requirements to apply for citizenship but do not yet have all the documents needed to start the process—such as certificates of your ancestors—our document search team can step in and obtain all the required records for you.
Our support is continuous throughout the entire application process, monitoring the progress of your case and providing peace of mind and security at every stage.
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Author:
Atlantic Bridge
