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.
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History
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.
Jus sanguinis
Spanish legislation regarding nationality establishes two types of nationality: "Spanish nationality by origin" (nacionalidad española de origen, in Spanish)—that is, a "natural-born Spaniard"—and the "Spanish nationality not by origin" (nacionalidad española no de origen in Spanish).
According to article 17 of the Spanish Civil Code, Spaniards by origin are:
Foreign minors under the age of 18 acquire Spanish nationality by origin upon being adopted by a Spanish national. If the adoptee is 18 years or older, he or she can apply for Spanish nationality by origin within two years after the adoption took place.
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 (lit. "to opt") for Spanish nationality:
Spanish nationality by option must be claimed within two years after their 18th birthday or after their "emancipation", regardless of age. Spanish nationality by option does not confer "nationality by origin" unless otherwise specified (i.e. those mentioned in article 17, and those who obtained it through the Law of Historical Memory).
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:
Nationals of Iberoamerica, Andorra, Philippines, Equatorial Guinea and Portugal must be natural born citizens of their respective countries. That is, individuals who acquire nationality of the said countries by naturalisation would still have to live ten years in Spain before applying for nationality by residence.
Sephardi Jews
In 2012 the Government of Spain approved a measure that would allow Sephardi Jews with a connection to Spain to obtain Spanish nationality by naturalisation, thus bypassing the residency requirement as explained above. Applicants must provide evidence of their Sephardi origin and some connection with Spain.
Loss and recovery of Spanish nationality
Spanish nationality can be lost under the following circumstances:
Spanish nationality is not lost as described above if Spain is at war.
In addition, Spaniards "not by origin", will lose their nationality if:
People who lose Spanish nationality can recover it if they become legal residents in Spain. Emigrants and their children are not required to return to Spain to recover their Spanish nationality. (Since the nationality law automatically grants Spanish nationality to people born of a Spanish parent, a person born outside Spain to a parent of Spanish birth and nationality who uses the citizenship of the other country exclusively since birth is said to "recover" their Spanish nationality should they apply for it).
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 (1936-1939), and the dictatorial regime that followed (1939-1975). 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:
The law also granted Spanish nationality by origin to those foreign individual members of the International Brigades who had defended the Second Spanish Republic in the Spanish Civil War. (In 1996, they were granted Spanish nationality "not by origin", which implied that they had to renounce their previous nationality—Spanish nationals "by origin" cannot be deprived of their nationality, and therefore, these individuals can also retain their original nationality).
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 (art. 20) 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.
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.
Visa requirements
According to the 2014 Visa Restrictions Index, holders of a Spanish passport can visit 172 countries visa-free or with visa on arrival. In the index, Spain is in the 3rd rank behind seven other countries in terms of travel freedom. 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.
Dual nationality
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, Equatorial Guinea or Portugal.
Citizenship of the European Union
Spanish citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.