Nationality is the legal bond that unites the person with the state and has the double aspect of being a fundamental right and constituting the legal status of individuals.
The individual enjoys rights that he can demand from the state organization to which he belongs and the latter, in return, can impose the fulfillment of a series of obligations and duties.
Nationality is a right that can be achieved and that allows you to reside and live indefinitely in Spain; while granting certain benefits, such as the right to vote or move freely and to work within the EU.
The most common way to obtain Spanish nationality is by birth. As long as you were born in Spain and of Spanish parents, you directly become a national of Spain at birth. However, the Civil Code accepts also 'procedures that may allow a foreigner, to obtain a Spanish passport.
One of the ways to obtain nationality is by residence, which requires the person to reside in Spain for ten years legally, continuously and immediately prior to the request. There are cases where the required period of residence is reduced; these are:
1) Five years: for the granting of Spanish nationality to those who have obtained refugee status
2) Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or people of Sephardic origin.
3) One year: - Whoever was born in Spanish territory.
- Those who did not duly exercise their right to acquire Spanish nationality by option.
- The one who has been legally subject to guardianship (under the supervision of a guardian), custody or foster care (the foster care that allows the reduction of legal residence to one year is the one in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and foster care that are legally recognized) of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of the request.
- Anyone who, at the time of the application, has been married to a Spaniard for a year and is not legally or de facto separated.
- The widow of Spanish, if at the time of the death of the spouse they were not separated, in fact or judicially.
- Those born outside of Spain to a father or mother (also born outside of Spain), grandfather or grandmother, provided that all of them were originally Spanish.
Law Office INTRO