Spanish nationality law
Spanish nationality law refers to all the laws of Spain concerning nationality. Article 11 of the First Title of the Spanish Constitution refers to Spanish nationality and establishes that a separate law is to regulate how it is acquired and lost. This separate law is the Spanish Civil Code. In general terms, Spanish nationality is based on the principle of jus sanguinis, although limited provisions exist for the acquisition of Spanish nationality based on the principle of jus soli.
History
Spanish nationality law has changed significantly since the 1889 Civil Code provisions on citizenship and nationality, especially during its liberalization during the Second Spanish Republic of 1931 to 1939, the repudiation of the Republican Constitution in 1938, the Francoist constriction of 1954, and the reforms of 1978, 1983, 1990s, and 2000s.All the constitutions in Spain before 1978 have had an article that defines Spanish nationality, even the constitutions that never came into effect. The current constitution of 1978 is the first that does not define Spanish nationality; rather, article 11 establishes that a separate law is to define and regulate it entirely, namely the Spanish Civil Code. It is also the first constitution that emphasises that those "Spaniards by origin", roughly equivalent to a "natural born Spaniard", cannot be deprived of their nationality. On 13 July 1982, and in accordance to what had been established in the constitution, the first law regarding nationality was approved, which was in fact an amendment to the Spanish Civil Code in effect. This law has been reformed on 17 December 1990, 23 December 1993, 2 November 1995, and most recently 2 October 2002.
The approval of article 11 of the constitution was somewhat controversial, mostly due to the possible confusion it would cause with the term "nationalities", in reference to those communities or regions in Spain with a special historical and cultural identity, a term that had been used in the second article of the constitution. It was suggested that article 11 should substitute the term "nationality" for "citizenship", but it was considered, as it is common in other legislations in Europe and Latin America, that the terms were not synonymous.
Another point of constitutional conflict was that the creation of European Union citizenship gave all nationals of EU member the same basic rights in all member States, including the right of active and passive suffrage in municipal elections. The constitution was reformed to allow this.
Acquisition of Spanish citizenship
Title One of Book One of the Spanish Civil Code lays out the details of Spanish nationality.''Jus sanguinis''
Spanish legislation regarding nationality establishes two types of nationality: "Spanish nationality by origin" —that is, a "natural-born Spaniard"—and the "Spanish nationality not by origin".According to article 17 of the Spanish Civil Code, Spaniards by origin are:
- those individuals born of a Spanish parent;
- those individuals born in Spain of foreign parents if at least one of the parents was also born in Spain, with the exception of children of foreign diplomatic or consular officers accredited in Spain;
- those individuals born in Spain of foreign parents if neither of them has a nationality, or if the legislation of either parent's home country does not grant the child any nationality;
- those individuals born in Spain of undetermined filiation; those individuals whose first known territory of residence is Spain, are considered born in Spain.
At points since the 1889 Civil Code, various regulations have been in effect requiring registration of births of Spaniards abroad and limiting citizenship by descent to a number of generations that has been in flux. These rules have changed over time, which requires historical analysis to determine which rights may apply.
Under Article 24.1, persons born outside Spain, other than in specified Iberophone countries, to a Spanish citizen born in Spain will lose Spanish nationality if they exclusively use a foreign nationality acquired before adulthood. That loss can be avoided by registering the desire to preserve Spanish nationality in the civil registry at a Spanish consulate.
Until an 8 October 2002 change in the law, persons born outside Spain in an Ibero-American country or specific former Spanish territories to a Spanish citizen parent born outside Spain, and who acquired that other country's citizenship, were Spanish citizens with no retention requirements. After that date, second generation abroad Spaniards from the Iberosphere who were not already 18 or in legal majority by that date, and who acquired the other country's citizenship, were subject to a requirement to conserve or retain their Spanish nationality by declaration through Spanish authorities within three years of majority, a period typically ending at age 21.
The range of Ibero-American countries in which Spanish jus sanguinis will apply to a person of Spanish descent has also changed over time as Spain has entered into agreements and treaties with countries.
All other individuals that acquire Spanish nationality, other than by which is specified above, are "Spaniards not by origin".
By option
Article 20 of the Spanish Civil Code, established that the following individuals have the right to apply for Spanish nationality:- those individuals that were under the tutelage of a Spanish citizen,
- those individuals whose father or mother had been originally Spanish and born in Spain.
- those individuals mentioned in the second bullet-point in article 17, and adopted foreigners of 18 years of age or more.
Naturalization
Spanish nationality can be acquired by naturalisation, which is given only at the discretion of the government through a Royal Decree, and under exceptional circumstances, for example to notable individuals.Any individual can also request Spanish nationality after a period of continuous legal residence, as long as he or she is 18 years or older, or through a legal representative if he or she is younger.
Under Article 22, to apply for nationality through residence it is necessary for the individual to have lived in Spain for:
- ten years, or
- five years if the individual is a refugee, or
- two years if the individual is a citizen of a country of Ibero-America, Andorra, the Philippines, Equatorial Guinea, or if the individual can prove they are a Sephardi Jew with a connection to Spain; or
- one year for individuals:
- * born in Spanish territory, or
- * who did not exercise their right to their nationality by option within the established period of time, or
- * who have been under the legal tutelage or protection of a Spanish citizen or institution for two consecutive years,
- * who have been married for one year to a Spanish national and are not separated legally or de facto, or
- * are widows of a Spanish national if at the time of death they were not legally or de facto separated, or
- * who were born outside of Spain, if one of their parents or grandparents was originally Spanish.
Sephardi Jews
The Law establishes the right to Spanish nationality of Sephardi Jews with a connection to Spain. An Instruction of 29 September 2015 removes a provision whereby those acquiring Spanish nationality by law 12/2015 must renounce any other nationality held. Most applicants must pass tests of knowledge of the Spanish language and Spanish culture, but those who are under 18, or handicapped, are exempted. A Resolution in May 2017 also exempted those aged over 70.
By July 2017 the government of Spain had registered about 4,300 applications who had begun the proceedings. 1,000 had signed before a notary and filed officially. A hundred, from various countries, had been granted citizenship, with another 400 expected within weeks. The Spanish government was taking 8–10 months to decide on each case. By March 2018 over 6,200 people had been granted Spanish citizenship under this law. Applicants must pass a cultural and historical knowledge exam called the CCSE and a language test called the DELE.
Loss and recovery of Spanish nationality
Spanish nationality can be lost under the following circumstances:- Those individuals of 18 years of age or more whose residence is not Spain and who acquire voluntarily another nationality, or who use exclusively another nationality which was conferred to them prior to their age of emancipation lose Spanish nationality. In this case, loss of nationality occurs three years after the acquisition of the foreign nationality or emancipation only if the individual does not declare their will to retain Spanish nationality. The exception to this are those Spaniards by origin who acquire the nationality of an Iberoamerican country, Andorra, Philippines, Equatorial Guinea or Portugal;
- Those Spanish nationals that expressly renounce Spanish nationality if they also possess another nationality and reside outside Spain will lose Spanish nationality;
- Those minors born outside Spain that have acquired Spanish citizenship being children of Spanish nationals that were also born outside Spain, and if the laws of the country in which they live grant them another nationality, will lose Spanish nationality if they do not declare their will to retain it within three years after their 18th birthday or the date of their emancipation.
Spanish nationality is not lost as described above if Spain is at war.
In addition, Spaniards "not by origin", will lose their nationality if:
- they use exclusively for a period of three years their previous nationality—with the exception of the nationality of those countries with which Spain has signed an agreement of dual nationality;
- they participate voluntarily in the army of a foreign country, or serve in public office in a foreign government, against the specific prohibition of the Spanish Government;
- they had lied or committed fraud when they applied for Spanish nationality.
Spanish nationality by the Law of Historical Memory
In 2007, the Congress of Deputies, under the government of prime minister José Luis Rodríguez Zapatero, approved the Law of Historical Memory with the aim of recognising the rights of those who suffered persecution or violence during the Spanish Civil War, and the dictatorial regime that followed. In recognition of the "injustice produced by the exile" of thousands of Spaniards, the law allowed their descendants to obtain Spanish nationality by origin, specifically for:- those individuals born of a parent that was Spanish by origin, regardless of the place of birth of the parent, whatever the age of the applicant. ; and
- those individuals whose grandfather or grandmother had been exiled because of the Spanish Civil War, and had lost his or her Spanish nationality. In this case the applicant must have proven that the grandparent had left Spain as a refugee or that the grandparent left Spain between 18 July 1936 and 31 December 1955.
By virtue of this law, if an individual, whose father or mother had been originally Spanish and born in Spain, and who had previously acquired Spanish nationality "not by origin" by option could request his or her nationality be changed to nationality "by origin", if he or she chose to do so.
The period wherein the Spanish nationality could be acquired by the Law of Historical memory started on 27 December 2008, and was concluded on 26 December 2011. Even though the Ministry of Foreign Affairs has not yet released the final count, and it is still reviewing applications, 446,277 individuals had applied for Spanish nationality through this law by 30 November 2011. Around 95% were Latin American, half of them from Cuba and Argentina. To the surprise of government officials, 92.5% of all applications were made by sons or daughters of Spaniards by origin regardless of their place of birth, and only 6.1% by grandchildren of refugees.
More than five centuries after Jews were banished from the kingdom of Spain during the Spanish Inquisition, Spanish lawmakers approved, on 10 June 2015, a law allowing descendants of Sephardic Jews expelled from Spain in 1492 to seek Spanish nationality without giving up their current citizenship.
Many applications under the law came from Cuba, which also offered those Cubans an ability to leave the island, and to also live and work in EU countries other than Spain.
The measure, championed by the centre-right government of Prime Minister Mariano Rajoy, grants dual citizenship rights for Sephardic Jews, those descended from Jews expelled from Spain in 1492.
Dual citizenship
is permitted for all Spaniards by origin, as long as they declare their will to retain Spanish nationality within three years of the acquisition of another nationality. This requirement is waived for the acquisition of the nationality of an Iberoamerican country, Andorra, the Philippines, Equatorial Guinea or Portugal, and any other country that Spain may sign a bilateral agreement with.Foreign nationals who acquire Spanish nationality must renounce their previous nationality, unless they are natural-born citizens of an Iberoamerican country, Andorra, the Philippines or Equatorial Guinea.
Since October 2002, dual citizens of Spain and another country who are born outside Spain to a Spanish citizen parent born outside Spain must declare to conserve their Spanish nationality between ages 18 and 21.
Citizenship of the European Union
Because Spain forms part of the European Union, Spanish citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. When in a non-EU country where there is no Spanish embassy, Spanish citizens have the right to get consular protection from the embassy of any other EU country present in that country. Spanish citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty.Travel freedom of Spanish citizens
According to the 2020 Visa Restrictions Index, holders of a Spanish passport can visit 188 countries visa-free or with visa on arrival. In the index, Spain is in the 4th rank in terms of travel freedom.The Spanish nationality is ranked eleventh in Nationality Index. This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well.