🇪🇸 Spain Citizenship by Descent

EU CITIZENSHIP · Western Europe

Spain's Democratic Memory Law (Law 20/2022) allows grandchildren of Spanish Civil War exiles to claim citizenship — expanding from the standard parent-only pathway. The Sephardic Jewish pathway (Law 12/2015) expired in 2019 but applications filed before then are still being processed. Full EU citizenship.

Legal Basis
Spanish Civil Code (Articles 17–26); Law 20/2022 (Democratic Memory Law — grandchildren of Civil War exiles); Law 12/2015 (Sephardic pathway — expired October 2019). The Democratic Memory Law was passed in October 2022 and came into effect in 2023.
Generation Limit
1 generation (parent) standard; 2 generations (grandparent) under Democratic Memory Law
Cost
€100 application fee + document costs (~$500–$2,000)
Timeline
12–36 months
Presence Required
Zero — process handled at Spanish embassies and consulates worldwide
Passport Rank
5th globally (Henley Index 2026)
Visa-Free Countries
190+ countries

Overview

Spanish citizenship by descent is governed by the Spanish Civil Code (Articles 17–26). The standard jus sanguinis pathway covers only 1 generation — children of Spanish citizens born abroad. However, the Democratic Memory Law (Law 20/2022) significantly expanded access: grandchildren of Spanish Civil War exiles (those who left Spain between 1936–1955 due to exile, deportation, or political persecution) can now claim Spanish citizenship. The Sephardic Jewish pathway (Law 12/2015) expired in October 2019, but applications filed before the deadline are still being processed. Spain generally requires renouncing other citizenship, except for nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, and Portugal. The Spanish passport provides full EU citizenship and visa-free access to 190+ countries.

Step-by-Step Process

  1. 1: Determine which pathway applies: standard descent (parent), Democratic Memory Law (grandparent/exile), or Sephardic pathway (if application filed before October 2019) — Family records research · 1–4 weeks · ~$0
  2. 2: Gather vital records: birth, marriage, and death certificates for yourself and all Spanish ancestors — Local vital records + Spanish civil registry (Registro Civil) · 4–16 weeks · $100–$500
  3. 3: For Democratic Memory Law: obtain documentation of ancestor's exile (deportation orders, political persecution records, Spanish Civil War records) — Spanish National Historical Archive + Spanish Civil Registry · 4–16 weeks · $100–$400
  4. 4: Have all foreign documents apostilled and officially translated into Spanish — Secretary of State office + certified Spanish translator · 4–8 weeks · $200–$600
  5. 5: Submit application at Spanish embassy/consulate or Registro Civil Central in Madrid — Spanish embassy/consulate or Registro Civil Central (Madrid) · 1 day · €100 application fee
  6. 6: Application reviewed and citizenship granted — Spanish Ministry of Justice · 12–36 months · None directly
  7. 7: Apply for Spanish ID card (DNI) and passport — Spanish embassy/consulate or in Spain · 4–8 weeks · ~€30–€50

Advantages

Considerations

Requirements

Tax Considerations

Non-resident dual citizens are taxed by Spain only on Spanish-sourced income. Spain has a progressive income tax rate (19–47%). Spain's Beckham Law offers a flat 24% tax rate for the first 6 years for those who become tax residents in Spain — attractive for high earners relocating to Spain.

Frequently Asked Questions

What is the Democratic Memory Law?

Law 20/2022 (Democratic Memory Law) was passed in October 2022 and allows grandchildren of Spanish Civil War exiles (those who left Spain between 1936–1955 due to exile, deportation, or political persecution) to claim Spanish citizenship. This significantly expanded the standard parent-only pathway to include grandchildren.

Is the Sephardic pathway still available?

The Sephardic Jewish pathway (Law 12/2015) expired in October 2019 — no new applications can be filed. However, applications filed before the October 2019 deadline are still being processed by the Spanish Ministry of Justice. If you filed before the deadline, your application may still be active.

Does Spain allow dual citizenship?

Spain generally requires renouncing other citizenship when acquiring Spanish citizenship. However, there are exceptions for nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, and Portugal — these nationals can hold dual citizenship with Spain.

What is the standard generation limit for Spanish citizenship by descent?

The standard jus sanguinis pathway covers only 1 generation — children of Spanish citizens born abroad. This is one of the most restrictive generation limits in the EU. The Democratic Memory Law (2022) expanded this to 2 generations for grandchildren of Civil War exiles specifically.

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