In this blog post we cover who is entitled to spanish nationality by origin (“español de origen”)?
Spanish nationality by origin (nacionalidad española de origen) is the most privileged form of citizenship in Spain. It grants individuals the right to a Spanish passport from birth, without requiring prior residency, and can be passed down to future generations.
But who exactly qualifies for this status? Here’s a breakdown of eligibility under Spanish law.
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In this post we cover the following: (click any section to see its content)
Who is entitled to spanish nationality by origin (“español de origen”):
- KEY BENEFITS OF ESPAÑOL DE ORIGEN »
- INDIVIDUALS AUTOMATICALLY BORN SPANISH »
- GRANDCHILDREN OF SPANISH EXILES (LEY DE MEMORIA DEMOCRÁTICA) »
- CHILDREN OR GRANDCHILDREN OF WOMEN WHO LOST NATIONALITY »
- SEPHARDIC JEWS (EXPIRED ROUTE) »
- ADOPTED CHILDREN »
- SPECIAL CASES »
- WHO CANNOT CLAIM NATIONALITY OF ORIGEN? »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
KEY BENEFITS OF ESPAÑOL DE ORIGEN:
- No residency requirement: Unlike naturalization for citizenship through residence.
- Irrevocable: Cannot be lost except in rare cases (e.g., voluntary renunciation).
- Passport eligibility: Immediate right to a Spanish/EU passport.
INDIVIDUALS AUTOMATICALLY BORN SPANISH:
You are considered Spanish de origen at birth if:
- Born to a Spanish parent: At least one of your parents is a Spanish citizen, regardless of your birthplace.
Example: A child born in the U.S. to a Spanish mother is automatically Spanish. - Born in Spain to foreign parents IF:
- One parent was also born in Spain (except children of diplomats).
- Neither parent can pass their nationality to the child (e.g., stateless parents).
- Foundlings: Children discovered in Spain with unknown parentage.
GRANDCHILDREN OF SPANISH EXILES (LEY DE MEMORIA DEMOCRÁTICA):
Under Spain’s Democratic Memory Law (effective October 2022), grandchildren of Spaniards who fled during the Civil War (1936–1939) or Franco’s dictatorship (1939–1978) can claim nationality de origen if:
- Their grandparent was exiled for political, ideological, or religious reasons.
- Their grandparent lost or renounced Spanish citizenship due to exile.
Deadline: Applications are open until October 2025.
CHILDREN OR GRANDCHILDREN OF WOMEN WHO LOST NATIONALITY:
Before 1978, Spanish women who married non-Spaniards automatically lost their citizenship.
Their children and grandchildren can now reclaim nationality de origen under the Democratic Memory Law.
SEPHARDIC JEWS (EXPIRED ROUTE):
While the Sephardic ancestry pathway (Law 12/2015) officially closed in 2019, some exceptions exist for descendants of Jews expelled from Spain in 1492.
Applicants must prove cultural ties and pass language tests.
ADOPTED CHILDREN:
- Minors adopted by Spanish citizens: Automatically gain nationality de origen if the adoption is finalized in Spain.
- Adults adopted by Spaniards: Must apply through standard naturalization.
SPECIAL CASES:
- Children born to a Spanish father/mother outside marriage (before 1985): Eligible if paternity/maternity is legally recognized.
- Individuals born in Spain who lived there for 10 consecutive years (applies to those over 18 who never formalized their status).
WHO CANNOT CLAIM NATIONALITY OF ORIGEN?:
- Great-grandchildren: Unless a parent/grandparent first claims citizenship through the Democratic Memory Law.
- Foreigners with Spanish residency: They must apply for citizenship by residence (after 10+ years).
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Digital-Nomad visa Spain (Remote worker in Spain)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Student-Visa Permit (Student-Visa & up-to 30 hours work per week)
- Self-Employed visa Spain (Self employed expats in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCE OR CITIZENSHIP IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Digital-Nomad, Student-Visa, Non-Lucrative Residency or Self-Employed Residency. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
