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Spanish citizenship by presumption

Solicitud, trámites y requisitos

Spanish Nationality through Presumption

The Spanish nationality can be given to someone through their bond with their parents (blood right) or through the ¨ius soli, ¨ which refers to the place where they were born. In Spain, someone can obtain the Spanish nationality if the person has spanish parents (no matter if the child was born in Spain or not).

However, there is an option for those children who were born in Spain and have foreign parents.

As many of you may know, there are different countries that do not grant the nationality to a person or child unless they were born in that country.

So, what happens if two foreigners have a child in Spain but they (the parents) are not Spanish?

If the parents are both from any of the following countries (the same country or combined):

  • Argentina
  • Bolivia
  • Brasil
  • Cabo Verde
  • Colombia
  • Costa Rica
  • Guinea Bissau
  • Panamá
  • Paraguay
  • Perú
  • Portugal
  • Santo Tomé y Príncipe
  • Uruguay

Then the government of any of the countries above will not grant the nationality to the child because they were born in Spain. (And these countries would not gran the nationality to the child). This means that the child will be ¨apátrida, ¨ which means that the child does not have a nationality.

When this happens, then, the parents can apply for the spanish nationality through presumption (for the child) so that they can acquire the spanish nationality and not be a stateless person.