If you have Spanish parents or grandparents, you may have a direct path to Spanish citizenship by descent—even if you’ve never lived in Spain. Whether through permanent rights or new laws created to correct historical injustices, this guide will help you determine if you’re eligible and how to apply.
Read More >> General Guide To Spanish Citizenship and Passport
What Is Spanish Citizenship by Descent?
Spanish nationality is primarily passed down by bloodline, not place of birth. This is known as jus sanguinis—”right of blood.” If a parent was Spanish or has Spanish ancestry, you may be eligible for Spanish citizenship, with no requirement to reside in Spain or pass a language test. Spanish Citizenship by Descent (nacionalidad española por descendencia) is the legal pathway to acquire Spanish nationality based on ancestry.
As of October 2025, there is only one legal pathway:
| Route | Based on… | Legal Framework | Deadline |
| Citizenship by Parent | Spanish parent at time of your birth | Civil Code (Articles 17–20) | ❌ None |
Note: If your Spanish descent comes through a grandparent, you cannot apply for citizenship via the Democratic Memory Law (Ley 20/2022), which expired in October 2025.
Spanish Citizenship by Descent – Through a Spanish Parent
If your mother or father was a Spanish citizen at the time of your birth, you are very likely already a Spanish citizen by origin (nacionalidad por origen)—even if you’ve never formally claimed it.
Spanish nationality law prioritizes bloodline (jus sanguinis), not place of birth. But remember that the process and conditions differ slightly depending on where you were born.
✅ Who Qualifies?
| Scenario | Do You Qualify? | Notes |
| Born in Spain to a Spanish parent | ✅ Yes | You are Spanish by origin, automatically |
| Born abroad to a Spanish parent born in Spain | ✅ Yes | No age limit for registration |
| Born abroad to a Spanish parent also born abroad | ⚠️ Yes, but must register before age 21 | Delayed registration may result in the loss of the right |
📌 This is the simplest, fastest, and most permanent route to Spanish nationality. There’s no test, no residence requirement, and no deadline (except in specific “abroad-abroad” cases).
How to Claim Spanish Citizenship via a Parent
If You Were Born in Spain
You’re most likely considered Spanish from birth. To formalize your citizenship:
- Request your birth certificate from the Registro Civil (Civil Registry) in the place you were born.
- If you’re no longer in Spain, this can be done through the Spanish consulate in your country of residence.
Remember that if your parents are Spanish, you are not actually applying for citizenship. In fact, you’re formalizing a status you already hold. So, there is no additional documentation required. – Maryem Essadik, Spanish Citizenship Lawyer
If You Were Born Abroad
You will need to register your birth with the Spanish Civil Registry at a Spanish Consulate (Registro Civil Consular) in your country of residence.
Required documents:
- Your full birth certificate (showing both parents)
- Your Spanish parents:
- Passport, DNI, or Spanish birth certificate
- Your own passport or ID
- Completed consular forms (varies by location)
📌 Important: If your Spanish parent was also born abroad, you must register before turning 21 years old. Failing to do so may result in the loss of your automatic right and require a citizenship application under a different legal route (nacionalidad por opción).
Minor Children of Spanish Citizens
If you acquire or confirm your Spanish nationality, your minor children (under 18) can also obtain Spanish citizenship through a process known as “nacionalidad por opción“.
This is especially relevant for Expats or dual-national families raising kids abroad.
Here are two examples from our Spanish Citizenship expert, Maryem Essadik
María, born in the US to a Spanish father born in Madrid, never registered her birth at a Spanish consulate. At age 30, she can still submit her documents and immediately be recognized as a Spanish citizen by origin—no tests, no residence requirement.
Clara, born in Canada to a Spanish mother who was also born abroad, is 20 years old. She can still register at her local consulate and claim citizenship by origin. But if she waits past age 21, she may lose that automatic right and need to apply via an “option” process.
No Longer Available >> Through a Spanish Grandparent
(Democratic Memory Law, Expired in October 2025)
You cannot apply if your Spanish descent comes through a grandparent, and you were eligible under the Democratic Memory Law (Ley 20/2022), which expanded rights to descendants of Franco-era exiles. The deadline for this pathway has expired.
Typical Documents Required for Spanish Citizenship by Descent
Spain’s bureaucracy can be challenging, and an ancestry citizenship application is no exception. If your parents are Spanish, it is fairly straightforward, but you’ll need to have everything in the correct format and with the correct translation status.
Remember: you must show a clear ancestral connection to a Spanish parent. These are common documents that you may need.
Proof of Spanish Ancestry
“If you live in Spain you’ll submit your documents to the Civil Registry Office (Registro Civil Office). If you live abroad, you must submit everything to your nearest Spanish consulate in the country where you live. Some consulates have unique document requirements, so always double-check that you have everything you need to get approval. If you are rejected, then the process can become much more difficult and time consuming.” – Maryem Essadik, Spanish Citizenship Lawyer
To establish your right to Spanish citizenship by descent, you must provide official records that verify your Spanish lineage. The most important documents include:
Birth Certificate of the Spanish Parent (Certificado de Nacimiento Español)
- This should be issued by the Spanish Civil Registry (Registro Civil Español).
- If your ancestor was born in Spain but their birth was not registered, you may need to request historical archives or municipal records.
Spanish Passport or National Identity Card (DNI) of Your Ancestor
- If available, this serves as strong proof of their Spanish nationality.
- If they no longer have a Spanish passport or DNI, alternative records may be required.
Naturalization or Emigration Records (If Applicable)
- If your Spanish ancestor became a citizen of another country, you may need to prove whether they renounced or retained their Spanish nationality.
Marriage Certificate of the Spanish Ancestor (If Applicable)
- If your ancestor was married outside of Spain, a certified translation and legalization (Apostille) may be required.
Death Certificate of the Spanish Ancestor (If Applicable)
- This may be necessary if your ancestor has passed away.
Your Own Proof of Identity and Lineage
Once you have established your Spanish ancestry, you need to demonstrate your direct connection to that ancestor.
Your Birth Certificate (Certificado de Nacimiento del Solicitante)
- Must be an official copy from your country’s civil registry, legalized or apostilled, and translated into Spanish if necessary.
- It must clearly list your parents’ names to establish the lineage.
Your Parents’ Birth Certificate
- If your parent never claimed Spanish nationality, you may need additional documentation.
Your Valid Passport and National ID
- Required as part of your identity verification.
Proof of Residency (If applying from Spain)
- If you are already residing in Spain, you may need to show proof of legal residence (e.g., empadronamiento – local registration certificate).
Additional Documents for Special Cases
For Adopted Children of Spanish Citizens:
- Adoption certificate proving legal parent-child relationship.
| Document | Purpose |
| Your birth certificate | Proof of lineage |
| Parent’s birth certificate | Connects you to grandparent |
| Grandparent’s Spanish birth certificate | Shows Spanish origin |
| Grandparent’s nationality proof | Passport, DNI, Spanish registry |
| Proof of exile or nationality loss | Exile registry, immigration documents, marriage certificates, political asylum records, or testimonies from historical organizations or archives. |
| Your passport/ID | Applicant verification |
| Annex form (I–VI) | Based on your case |
| Translations + Apostilles | For foreign-language docs |
What Is the Grandchild’s Law or “Ley de Nietos”?
The “Ley de Nietos” (Grandchildren’s Law) expired in October 2025. It was not a standalone law—it’s a nickname for the citizenship provisions in:
- The 2007 Historical Memory Law (expired in 2011)
- The 2022 Democratic Memory Law (expired in 2025)
Clarification: “This name refers to Spanish descendants—especially grandchildren of exiles—regaining nationality through historical justice legislation.” – Maryem Essadik, Spanish Citizenship Lawyer
👥 Parent vs. Grandparent – Side-by-Side Comparison
| Feature | Citizenship by Parent | Citizenship by Grandparent |
| Legal Basis | Civil Code (Art. 17–20) | Democratic Memory Law (2022) |
| Deadline | ✅ None | ❌ Expired October 21, 2025 |
| Residency Required? | ❌ No | ❌ No |
| Language Test Required? | ❌ No | ❌ No |
| Proof of Exile Needed? | ❌ No | ✅ Yes |
| Where to Apply | Consulate or Civil Registry | Consulate or Civil Registry |
| Eligibility Simplicity | ✅ Very clear | ⚠️ Documentation-heavy |
| Passing Citizenship to Children | ✅ Yes | ✅ Yes (after your recognition) |
Spanish Citizenship by Descent & Dual Citizenship
In general, Spain isn’t keen on dual citizenship, and you’ll see lots of comments about renunciation and what it means. The good news is that, in many cases, Spanish citizenship by descent allows you to retain other passports. Here’s a table to help you easily determine if you can retain dual citizenship.
| our Country | Dual nationality is formally permitted | Notes |
| Latin American countries (e.g., Argentina, Mexico, Colombia, Philippines, Andorra, Portugal, Equatorial Guinea) | ✅ YES (by treaty) | Full recognition; no renunciation required |
| United States | ⚠️ YES in practice | Descent-based cases are not usually challenged |
| United Kingdom | ⚠️ YES in practice | Descent-based cases are not usually challenged |
| Canada, Australia, EU (non-Spanish) | ⚠️ YES in practice | Spain does not require renunciation for descent cases, but formally doesn’t recognize dual nationality; it is tolerated in practice |
| Naturalized citizens (non-descent) | ❌ Renunciation required (unless treaty exists) | Spain does not allow dual citizenship in these cases. |
Who Is NOT Eligible for Spanish Citizenship by Descent?
❌ If your only connection to Spain is a great-grandparent, you are generally not eligible unless special legal provisions apply (exceptions existed under the Democratic Memory Law, which expired in October 2025).
❌ If your Spanish ancestor naturalized in another country before having children and they lost their Spanish nationality before your parent was born, you may not qualify (exceptions existed under the Democratic Memory Law, which expired in October 2025).
❌ If you were born in Spain to foreign parents but your parents were not from stateless backgrounds, you are not automatically entitled to Spanish citizenship.
What Is Spanish Citizenship by Origin?
Citizenship by origin (nacionalidad por origen) refers to those who are considered Spanish from birth, typically because they were:
- Born to a Spanish parent who held nationality at the time of their birth
- Born in Spain to foreign parents, if at least one was also born in Spain, or if the child would otherwise be stateless
- Adopted by Spanish citizens under age 18
- Born in Spain and claimed citizenship before age 18 after meeting specific legal requirements
People with citizenship by origin enjoy the strongest legal connection to Spain and do not need to naturalize or apply for nationality—they simply need to register it if it hasn’t been done already.
What Is Spanish Citizenship by Option?
Citizenship by option (nacionalidad por opción) is a special type of Spanish nationality granted to individuals who are not citizens by origin but who have a legal right to acquire it under certain conditions—usually because of a close relationship to a Spanish citizen.
Who qualifies for citizenship by option?
- Children of a Spanish citizen (including adopted children)
- Children born abroad to a Spanish parent not born in Spain, if registered after age 21
- Individuals whose parent was originally Spanish, even if that parent lost citizenship
This process is simpler than naturalization, often does not require residency, and can be done at the Civil Registry or the Spanish consulate.
Learn more about all paths to nationality in our Complete Guide to Spanish Citizenship.
Note: If you are married to a Spanish citizen but do not qualify for citizenship by origin or option, you are eligible to apply for Spanish citizenship on a fast-track naturalization path.
Citizenship by Origin vs. Citizenship by Option
Why Spanish Citizenship by Origin Matters
Being recognized as Spanish by origin means:
- Stronger rights under Spanish and EU law
- Can pass citizenship more easily to children
- Less risk of losing nationality
- Treated differently than naturalized citizens in edge cases (like nationality recovery or international law)
Meanwhile, citizenship by option is still a powerful and legitimate route—but it’s more of a legal right to acquire citizenship rather than automatic from birth.
Learn more about the different legal paths in our Spanish Citizenship Hub
| Feature | Citizenship by Origin | Citizenship by Option |
| What it means | You are Spanish from birth | You acquire citizenship through a declaration |
| Who qualifies | Children of Spanish citizens, adopted minors, some born in Spain | Children of new Spanish citizens, late registrations, certain grandchildren |
| Age limitations | No strict limit (varies by case) | Usually must be exercised before age 20 (exceptions apply) |
| Where to apply | Registro Civil or Spanish consulate | Same – Registro Civil or consulate |
| Tests or residency? | ❌ No | ❌ No (in most cases) |
| Transmission to children | ✅ Automatically pass on citizenship | ✅ Can pass it on after citizenship is granted |
| Legal status | Considered Spanish by origin under the law | Considered naturalized, but with special status |
Thanks for the article. I’m curious – my immigration lawyer in Barcelona told me I would be eligible to apply for citizenship after living in Spain for 1 year and because my maternal grandparents were both from Spain ( and great grandparents). I’m curious why you all didn’t mention this option? TIA
Maria Silvert
Hi Maria. Your case is not really Spanish citizenship by descent (origin). It is Spanish citizenship by naturalization (option) with a reduced (1 year) naturalization period – you can read more about it in our general guide to Spanish citizenship. All the best, Alastair
Hi, I’m 18 years old and my dad recently got his Spanish citizenship on April 2025, so can I claim my Spanish citizenship by descent??
Hi – this isn’t a simple question to answer as you are over 18 and your father only just received his citizenship (so his status at your birth is unclear). How your father got citizenship will impact your eligibility. Our immigration lawyer partner will help to assess your claim and advise on next steps. All the best, Alastair
So, here is my situation. I was born and raised in Brazil, but I live AND have been a US citizen for 23 years. My fraternal grandpa was born in Bilbao and came to Brasil when he was 10 years old. He got married and had children there. I have a cousin who was a judge in Brazil, and as a gift once, he provided Spaniard citizenship to all of my grandpa’s children – that included my dad. My father now has the EU passport, so I assume citzenship. I recently learned about the Ley de Memoria Democratica (A.K.A – Ley de Nietos). I would love to dive into this. Here is what I am looking at:
American AND Brazilian citizen, with a Basque grandpa, and a Brazilian father who late in life, got his Spanish citizenship. Where do I start? the Consulate General in Los Angeles (I live in San Diego) does not answer emails or calls, and there is nothing on the website about citizenship. HELP please!
Hi Andrea, our Spanish citizenship immigration lawyer partners will be happy to help you assess the best way forward with your Spanish citizenship by descent application – they’ll help you understand the requirements and process given your family history. All the best, Alastair
My grandfather was born in spain but naturalized after my mother was born. Can I obtain citizenship through my grandfather/mother?
Hi – our excellent immigration lawyer partners have lots of experience with assessing Spanish citizenship by descent cases – and you need to show the unbroken line. They’ll help you understand the best approach and let you know how they can help. Please book a consultation with them here >> https://movingtospain.com/services/spain-immigration-lawyer/ All the best, Alastair
Alastair,
I, too cannot find an application form for Spanish citizenship on the Spanish Consulate in Houston’s website. Is there another method for accessing the application form?
Thanks so much.
Hi Gloria – it does depend on the route you are taking to Spanish citizenship. I’d advise emailing the consulate or try the Spanish Ministry of Justice / Civil Registry websites for more help. Alternatively, our lawyer partner can assist with your application. All the best, Alastair
How does the Citizenship by Origin work, if I am now a US citizen?
Background: I was born in Spain to a Spaniard mother (Spanish citizen) and an American father. I have a Spanish birth certificate (short and long form) that shows my mother was a Spanish citizen at the time of my birth. I also have a Spanish marriage certificate (my parents were married in Spain) before my birth. My father was in the military and eventually we moved to the USA and when I turned 5 years old, my father submitted my sister (she was also born in Spain) and I for US citizenship and several months later, submitted my mother’s paperwork for her Certificate of Naturalization. I believe my father did this in case something happened to him during the Vietnam War. He was sent to Vietnam two years in a row, and my mother took the kids and went back to Spain to live with her mother and sister until my father returned from Vietnam. He then was sent back to Spain for another 4 years, so I left Spain the second time when I was 10 years old. I asume I was once considered Spanish by Origin under the law. If I never renounced my citizenship, can I apply for a Spanish passport or would I need to regain citizenship via the Ley de la Memoria Democratica (Supuesto 1A) as a starting point?
Gracias.
Hi. From what you’ve laid out you are a Spanish citizen (through your mother) and should be able to apply directly for a SPansih passport. All the best, Alastair
For those who are children with one parent born in puerto rico, would we qualify for citizenship? Would the 21 years old rule apply? I am 30, and far from the age now.
Hi. YOur eigibility depnds on the citizenship staus of your parents when you were born as Spansih citizenship is passed on from parent to child if unbroken. All the best, Alastair
Hello! My grandfather was born in Santander , España. I have my mother’s birth certificate that says her father was from Spain, my grandfather’s marriage certificate and his certificate of death. Would that work to apply for myself, I’m the granddaughter.
Hi – our excellent immigration lawyer partners have lots of experience with assessing Spanish citizenship by descent cases. They’ll help you understand the best approach and let you know how they can help. Please book a consultation with them here >> https://movingtospain.com/services/spain-immigration-lawyer/
All the best,
Alastair
Hi there, thank you for such an insightful article. However, I’m still a little confused. I hope you could clear this up for me.
I’m 39 years old, and I was born in the UK to a Spanish mother. I’d like to acquire Spanish citizenship so that I have the right to live and work in Spain/the EU.
A little background on my mother: she was born in Spain in the 50s, and moved to the UK in the 80s, where she officially resides to the present day (however, she never applied for British citizenship, nor renounced her Spanish nationality, and retains her passport).
Does this mean I can apply through the Citizenship by Descent route? How is this process different to Citizenship by Origin? I also checked your General page link above, and it’s unclear if I have to take the DELE A2 and CCSE tests, or immediately renounce my British nationality.
Any help would be greatly appreciated.
Hi Dan. If your mom is a Spanish citizen born in Spain, then there is no timeline or test requirement for your Spanish citizenship by origin, and you won’t have to renounce your British citizenship. Check out your nearest consult to register your citizenship and apply for your passport. Congratulations! Alastair https://movingtospain.com/spanish-citizenship-by-descent/#spanish-citizenship-by-descent–through-a-spanish-parent
Where can I find the Ley de Nietos application? I’ve checked the Houston Spanish Consulate website, but can’t locate the application form.
Thanks for asking this question. I, too cannot find an application on the Consulate website. I have gathered all my documents, but have not been the necessary application. I’m hoping that they may notice more than one person is seeking the application form.
Hi,
Two scenarios:
1. I am an over 30 child to a mother who was born in country X. Her mother was born in Spain. My mother is 85 years and only has citizenship from country X at the moment. Would I qualify for citizenship? Would I have to apply with my mom at the same time or wait for her to receive Spanish citizenship?
2. Same scenario as above but mother states that the her mother was not registered in Spain and parents moved to Country X so citizenship would come from mother’s grandfather. Would I still qualify?
Thanks!
It is confusing – and I am not a qualified Spanish immigration lawyer, so please take this as my understanding, not the law! Scenario 1 would involve a Ley de Memoria pathway, and you’d have to wait for your mom to apply, which would expire in October of this year, making timelines challenging. Scenario 2 relies on an additional generation back; this is a long shot and unlikely to succeed. If you want to get a direct answer to the viability of your case, our Spanish citizenship lawyer partner is best placed to assess your particulars and remove confusion! Cheers, Alastair
I am a US Citizen, born in NY to parents, both originally from Spain.
My father left Spain as a teenager, came to work in the US and became a US Citizen.
He then met and married my mother in Cuba, as she had moved away from Spain to flee the Spanish Civil War.
Can I apply for citizenship based on the Democratic Law of Memory? And is there a deadline?
Hi Domingo – it seems that you may well have a case for Spanish citizenship be descent. Please book a consult with our immigration lawyer partner to find out how to proceed as the deadline for this opportunity is October this year. All the best, Alastair
Our grandparents were born in Puerto Rico in the 1880s. I believe they were Spanish citizens until the 1899 Treaty of Paris or 1917 when the Jones Act was passed. Do they qualify as Spanish citizens under the Ley de Memoria path?
Hi – thanks for your question. The Ley de Memoria pathway has some very specific criteria, and situations like Puerto Rico and historical citizenship status can be particularly complex. Our excellent immigration lawyer partners are best placed to review your family’s details and confirm whether this route could apply. If it does, there is a deadline approaching very soon, so we’d recommend clarifying this as quickly as possible. You can book a consultation with them here >> Immigration Lawyer Consultation
All the best, Victoria
Hi, this is a very helpful website! Thank you! Would you be able to guide us on the best path to take for our children?
We are not sure whether to follow the Spanish citizenship by descent or citizenship by option. Both children are under 18; one born in the UK, the other born in the US. Their father was born in Argentina and became Spanish by descent (children’s grandmother was born in Spain, and has citizenship). Children’s father has both Spanish and Argentina citizenships. He was Spanish when both children were born.
Reading the article above, it seems that the children can become Spanish by descent through their grandmother. Is that correct? Does the October deadline apply to our case because they would apply for descent through a grandparent? Would they qualify as Spanish by descent through their father who was Spanish at the time of their birth, but he was born in Argentina?
Many thanks any guidance you can provide.
Hi – thanks so much for your kind words about our site! These cases can get a bit complex, as it depends on showing the unbroken line of citizenship and knowing which path (descent or option) is strongest for your children.
Our excellent immigration lawyer partners have lots of experience in exactly these types of Spanish citizenship by descent cases and can guide you on the best route. If they recommend the descent pathway, there is indeed a deadline to be aware of (as you mentioned), so it’s best to clarify this as soon as possible. You can book a consultation with them here >> Immigration Lawyer Consultation
All the best, Victoria