Spanish Citizenship by Descent >> Eligibility, Application & 2025 Deadline

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.

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 your parent or grandparent was Spanish, you may be eligible for Spanish citizenship, with no need to live 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.

There are two main legal pathways:

Route	Based on…	Legal Framework	Deadline
Citizenship by Parent	Spanish parent at time of your birth	Civil Code (Articles 17–20)	❌ None
Citizenship by Grandparent	Spanish grandparent affected by Civil War or dictatorship	Democratic Memory Law (2022)	✅ October 21, 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 loss of right
Born to a Spanish parent who lost nationality before your birth	❌ No	Explore other legal routes, such as memory laws or residence-based paths

📌 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 abroad.

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 cause you to lose the 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.

Citizenship by Descent – Through a Spanish Grandparent

(Democratic Memory Law, Extended to 2025)

If your Spanish descent comes through a grandparent, you may be eligible under the Democratic Memory Law (Ley 20/2022), which expands rights to descendants of Franco-era exiles.

🔔 NEW Deadline: October 21, 2025 : Announced by the Spanish government in July 2024. Over 300,000 applications have been submitted so far.

✅ Who Qualifies?

You Are…	And…
Child or grandchild of a Spanish citizen	That person was exiled due to political, ideological, religious, or sexual identity reasons. Or they are still Spaniard citizens at the time of application.
Child of a Spanish woman	She lost her nationality by marrying a foreigner before 1978
Child of someone who became Spanish	Through the 2007 or 2022 historical memory laws

💡 “Exile” includes emigration to Latin America, France, Morocco, the US, etc., due to war or dictatorship.

Typical Documents Required for Spanish Citizenship by Descent

Spain’s red tape can be difficult, and an ancestry citizenship application is no different. If your parents are Spanish, it is fairly simple, but if you apply using the Democratic Memory Law, it is harder.

Remember: you must show a clear ancestral connection to a Spanish citizen. 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 Ancestor (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 Birth Record for a Spanish citizenship by descent application. — Spanish Civil Registry Birth Record

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.
If they left Spain due to exile, additional documentation may be required under the Ley de Memoria Democrática.

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 is deceased, particularly for applications under the Ley de Nietos or the Democratic Memory Law.

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 Parent’s Birth Certificate (If Claiming Through a Grandparent)

This is required to prove the link between you and your Spanish grandparent.
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 Applications Under the Ley de Nietos or Democratic Memory Law:

Documents proving your ancestor’s exile, such as:
- Records from Spanish embassies or consulates during exile.
- Political asylum records.
- Testimonies from historical organizations or archives.

For Applicants Whose Parents Lost Spanish Citizenship:

Documents proving that your parent lost (or retained) Spanish nationality.

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) is 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 (active until 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	✅ 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)

📚 Real-Life Grandchild’s Law Examples

We asked our Spanish citizenship expert, Maryam Essadik, for some examples.:

Name	Scenario	Path
Ana (born in Boston to a Spanish father born in Spain)	Parent retained nationality	Citizenship by Parent
Lucas (born in Uruguay; grandfather fled Spain in 1939)	Exile confirmed	Citizenship by Grandparent (2022 Law)
Sofia (Cuban grandmother lost nationality in 1962 by marrying a Cuban)	Covered under law	Citizenship by Grandparent
Marc (Canadian parents retained Spanish nationality)	Easy registration	Citizenship by Parent
Diego (grandparent emigrated in 1955 for work, not exiled)	❌ Not eligible	Must explore alternative paths

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 easily see if you can retain dual citizenship.

our Country	Dual Citizenship with Spain Allowed?	Notes
Latin American countries (Argentina, Mexico, Colombia, etc.)	✅ YES (by treaty)	Full recognition; no renunciation required
Philippines, Andorra, Portugal, Equatorial Guinea	✅ YES (by treaty)	Dual nationality formally permitted
United States	⚠️ YES in practice	Same as the US; often accepted for ancestry-based claims
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 require renunciation for descent cases but formally doesn’t recognize dual nationality; tolerated in practice

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 exist under the Democratic Memory Law)..
❌ 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 exist under the Democratic Memory Law).
❌ 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 never 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
Children of someone who gains Spanish citizenship by descent or historical law
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 Spanish consulate.

Learn more about all paths to nationality in our Complete Guide to Spanish Citizenship

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 law	Considered naturalized, but with special status

FAQ – Spanish Citizenship by Descent

Yes, you can claim Spanish citizenship through ancestry if you have a Spanish parent or grandparent. Spain grants nationality through “jus sanguinis” (right of blood), meaning it’s passed down through family, not place of birth.

There are two main legal routes:

Citizenship by parent – If your mother or father was Spanish at the time of your birth, you’re likely already a citizen by origin. You just need to register your birth at a Spanish consulate or civil registry.

Citizenship by grandparent: If your grandparent was Spanish and left Spain due to exile, political persecution, or Franco-era laws, you may qualify under the Democratic Memory Law (2022). This lets grandchildren apply without living in Spain or passing any tests. Also, if your grandparents left Spain but are still Spanish citizens, then their children and grandchildren can apply and do not need to live in Spain or pass any tests.

Check your family documents or contact our Spanish Citizenship lawyer to determine your eligibility for Spanish citizenship by descent.

The new law is the Democratic Memory Law (Ley de Memoria Democrática, Law 20/2022), passed in October 2022. Parts of this law are also sometimes called the Grandchild’s Law or “Ley de Nietos”. It offers a temporary path to Spanish citizenship for:

Grandchildren of Spanish citizens who were exiled during the Civil War or dictatorship
Grandchildren of Spanish citizens who have retained Spanish citizenship
Children of Spanish women who lost their nationality by marrying a foreigner before 1978
Children of people who gained citizenship under the 2007 Historical Memory Law

The deadline to apply has been extended to October 21, 2025. Applications are made through Spanish consulates abroad, and no language or civics tests are required.

Yes, in practice, U.S. citizens can have dual citizenship with Spain if they acquire Spanish nationality by descent.

Spain does not have a dual nationality treaty with the U.S., but when citizenship is acquired through descent (parent or grandparent), applicants are not typically asked to renounce their original nationality. Many U.S.-Spanish dual citizens legally hold both passports. However, if you apply through residency or naturalization, renunciation may be required unless you’re from a treaty country.

Always check with your home country as well. The U.S. permits dual citizenship, even if it doesn’t encourage it.

Yes. Spanish citizenship by descent is available to people born outside Spain. You qualify if:

You were born to a Spanish parent, regardless of where you were born
You are the grandchild of a Spanish citizen who was exiled or lost nationality under the Franco regime (under the 2022 law)

If your Spanish parent was born in Spain, you can claim citizenship at any age. If both you and your Spanish parent were born outside of Spain, you typically must register before age 21 to keep the automatic right.

There is a deadline for Spanish citizenship by descent only if you’re applying through the Democratic Memory Law (grandparent path). The deadline for these applications is October 21, 2025.

If you’re claiming citizenship through a Spanish parent under the Civil Code, there is no general deadline. However, in some cases -especially if both you and your parents were born abroad—you must register before age 21.

No. Language tests and civics exams are only required for people applying for Spanish citizenship through residency or naturalization.

If you are claiming Spanish citizenship through a parent or grandparent, you are considered a citizen by origin or special entitlement. No language requirement applies.

Yes. Once you become a Spanish citizen, your minor children (under 18) can apply for Spanish nationality by option. This is a simplified procedure available through Spanish consulates.

If you have children after gaining citizenship, you can usually register their birth at a Spanish consulate, and they will be considered Spanish from birth.