Spanish nationality by option

Acquiring Spanish nationality by option provides a direct and accessible pathway for individuals with specific familial ties to Spain. This legal benefit, offered under Spanish law, allows eligible foreign nationals to obtain Spanish citizenship without prior residency in Spain.

What Is Spanish Nationality by Option?

Nationality by option applies to individuals with a special connection to Spain, such as being the child of a recently nationalized Spanish citizen. Unlike nationality by residence, this route does not require the applicant to reside in Spain beforehand.

This process is particularly relevant for:

  • Minors with Spanish parents: If you recently became a Spanish citizen, you can apply for your child’s nationality by option.
  • Adult children of new Spanish citizens: Children aged 18–20 can apply within two years after their parent has taken the oath of Spanish nationality.

Eligibility Requirements

To qualify for Spanish nationality by option, applicants must fall into one of the following categories:

  1. Individuals who have been under the parental authority of a Spanish citizen.
  2. Individuals whose father or mother was Spanish and born in Spain.
  3. Individuals whose parentage determination or birth in Spain was established after the age of 18 (application must occur within two years of this determination).
  4. Individuals adopted by Spanish citizens after the age of 18 (application must be made within two years of adoption).

Application Requirements and Process to obtain Spanish nacionality by option

The process differs depending on the applicant’s age and circumstances:

  • For minors or incapacitated persons: The legal representative must make the application, with authorization from the Civil Registrar after consulting the Public Prosecutor.
  • For applicants aged 14 and above: They may apply with the assistance of a legal representative.
  • For emancipated individuals: Applications must be submitted before turning 20, except where local laws extend the age of majority.

 

Applications can be submitted:

  • In Spain, at the Civil Registry corresponding to the applicant’s residence.
  • At Spanish diplomatic representations in the applicant’s country of origin.

Required Documents

Applicants must provide the following documentation:

  1. Birth certificate of the applicant, legalized with the Hague Apostille or through the Spanish Consulate.
  2. Spanish birth certificate of the parent(s), obtained from:
    1. The Civil Registry in Spain (if the parent was originally Spanish).
    2. The Central or Consular Civil Registry (if the parent was nationalized Spanish).
  3. Notarized identification documents:
    1. Spanish passport or DNI of the parent(s).
    2. Applicant’s passport (if the applicant is a minor).
  4. Parental authorization, notarized if one or both parents are absent during the application.

Why Choose Spanish Nationality by Option?

Spanish nationality provides a range of benefits, including the ability to work and live anywhere in the European Union, access to public healthcare and education, and eligibility for a Spanish passport. For families with ties to Spain, this streamlined process ensures their children can secure a bright future as Spanish citizens.

Start Your Citizenship Journey

At Sterna Abogados, we specialize in immigration and nationality law, offering expert guidance to simplify complex processes like obtaining Spanish nationality by option. Our legal team ensures your application is accurate, complete, and submitted on time, avoiding delays and complications.

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