Spanish Nationality by Option

Spanish nationality is a right that foreigners can access if they meet certain legal conditions. Option is one of the ways to obtain it. Below, we explain what it is, who can apply, and the steps to follow.

What is Spanish Nationality by Option?

This procedure allows foreigners to acquire Spanish citizenship if they meet the legal requirements for nationality by option. It is carried out in person at the Civil Registry of the applicant’s domicile or at the Consulate if they reside abroad.

Who Has the Right to Opt?

• Persons under the guardianship of a Spanish citizen, with a two-year deadline from the age of majority or emancipation.
• Individuals with a Spanish parent or born in Spain, without any time limit.
• Persons whose parentage or birth in Spain is determined after turning 18 years old, with a two-year deadline from the determination.
• Individuals adopted by Spanish citizens after turning 18 years old, with a two-year deadline from the adoption.
• Children of Spanish parents of origin born in Spain, without any time limit.

The general deadline to exercise the option is 20 years, unless the age of majority is reached at 18 according to the individual’s personal law.

Why Choose Lexmovea for Your Citizenship by Option?

Obtaining Spanish citizenship by option can be a complex process filled with legal intricacies. At Lexmovea, we provide peace of mind and the assurance of having a team of experts to guide you every step of the way.

What Do We Offer?

• Expertise and Knowledge: Our team includes lawyers specializing in immigration and citizenship law, with in-depth knowledge of relevant legislation and procedures.
• Personalized Advice: We assess your case individually, identifying the best strategy and addressing all your questions.
• Comprehensive Management: We handle the preparation and submission of all required documents, as well as tracking your case.
• Maximum Efficiency: We work diligently and professionally to expedite the process and minimize waiting times.
• Peace of Mind and Trust: Our service is transparent and approachable, keeping you informed at every stage to ensure the process is completed in the shortest time possible.

Don’t leave your future to uncertainty! Trust Lexmovea and secure success in your Spanish citizenship by option process.

How to Apply for Spanish Citizenship by Option?

Application Process

The application is submitted in person at the Civil Registry corresponding to the applicant’s residence in Spain, following the principle of proximity.

• In Spain: Applications for minors under 14 require prior authorization from the Judge in charge of the Municipal Civil Registry.
• Abroad: If you reside outside Spain, the application can be submitted at the Spanish Consulate in your country of origin or legal residence.

Deadline for Application

The right to opt for Spanish citizenship expires two years after reaching the age of majority, even if the applicant is incapacitated, as long as they were under the guardianship of a Spanish citizen at some point.

Exception: Individuals whose parent is a Spanish national of origin and was born in Spain can apply at any time without any deadline.

Where Are the Procedures Carried Out?

• In Spain: At the Civil Registry of the applicant’s residence.
• Abroad: At the Spanish Consulate in the applicant’s country of residence.
• For minors or incapacitated persons: At the legal representative’s residence.

Documents Needed to Apply for Citizenship by Option for a Child

The process begins by submitting documentation that proves compliance with the legal requirements at the competent Civil Registry. Along with the declaratory data sheet for the citizenship oath, the following documents are required:

• Applicant’s Identification: DNI, passport, or another valid identity document.
• Certificate of Residency (Certificado de empadronamiento): Issued by the municipality, confirming permanent and stable residence in Spain.
• Foreign Birth Certificate: Legalized or apostilled and translated by a sworn interpreter if not in an official language of Spain.
• Literal Birth Certificate of the Spanish Parent: Issued by the Spanish Civil Registry, proving the family relationship that grants the right to citizenship by option.

These documents are crucial for successfully completing the procedure.

Important Note: This list of documents is for informational purposes. The Judge or Secretary of the Civil Registry may request additional information during the process.

Submission of the Citizenship by Option Application

• In Spain: Submit in person at the Civil Registry of your residence, with a prior appointment. A model application form is available on the Ministry of Justice’s website.
• Abroad: Submit at the Spanish Consulate in your country of residence.
• For children under 14 years old: The application can be submitted by a parent at their place of residence.
• For individuals over 14 years old: The applicant must be present throughout the procedure.

Once citizenship is granted, register with the Consular Registry to apply for a Spanish passport.

Frequently Asked Questionsre la Nacionalidad Española por Opción

1. How Does Citizenship by Option Differ from Citizenship by Residence? Citizenship by option is granted based on family ties with a Spanish citizen, while citizenship by residence is acquired after legally residing in Spain for a specified period.
2. Can I Opt for Spanish Citizenship if I’m Over 20 and Don’t Meet Any Exceptions? No, the right to opt for Spanish citizenship generally expires at 20 years old, except in specific cases such as having a Spanish parent of origin born in Spain.
3. Do I Have to Renounce My Current Citizenship to Obtain Spanish Citizenship by Option? This depends on the laws of your country of origin. Some countries allow dual citizenship, while others require renunciation of the previous nationality. It’s recommended to consult with your country’s embassy or consulate for detailed information.
4. How Long Does the Citizenship by Option Process Take? The resolution time varies but typically ranges from 10 months to 2 years.
5. What Can I Do If My Citizenship by Option Application Is Rejected? If your application is denied, you can file an appeal with the Ministry of Justice within one month of receiving the rejection notification.
6. Is It Necessary to Speak Spanish to Obtain Citizenship by Option? In most cases, speaking Spanish is not a requirement for citizenship by option. However, it may be required in specific situations, such as for individuals adopted after turning 18.
7. Can I Work in Spain While Waiting for My Citizenship by Option Application to Be Approved? If you hold a valid residence permit in Spain, you can work while awaiting the resolution of your citizenship application.
8. Can I Lose the Spanish Citizenship Obtained by Option? Spanish citizenship obtained by option is irrevocable but can be lost in very specific circumstances, such as voluntarily acquiring another nationality or committing fraud during the application process.
9. Will My Minor Children Also Obtain Spanish Citizenship if I Acquire It by Option? This depends on your children’s age and whether they are under your guardianship. Generally, children under 18 and under your guardianship automatically acquire Spanish citizenship once you do.
10. Is Hiring a Lawyer Necessary to Apply for Spanish Citizenship by Option? While it is not mandatory, having the guidance of a lawyer specializing in immigration can be very helpful to ensure compliance with all requirements and to submit a well-prepared application.
11. Can a Child Apply for Citizenship by Option After Turning 18? No, children who were already adults when their parent acquired Spanish citizenship are not eligible to opt for citizenship. The right to opt exists only if the child was under 18 at the time the parent obtained Spanish nationality.
12. Is There a Specific Application Form for Citizenship by Option for Those Over 14? Yes, the application must include personal details such as full name, date and place of birth, and identification number (NIE or passport). It should also outline the relationship with the Spanish citizen (e.g., child) and include required documents, such as the birth certificate, the Spanish parent’s DNI, and any other relevant documentation. For children under 14, the information required is similar.
13. Is Citizenship by Option the Same as Citizenship by Choice? No, while the concepts are similar, the legally accurate term in Spain is “citizenship by option.” This process allows specific individuals, often children of Spanish nationals or those under their guardianship, to acquire Spanish citizenship based on their connection to Spain. “Citizenship” is a broader term that refers to membership in a state or nation and the rights and responsibilities it entails.
14. Can Citizenship by Option Be Requested After Turning 18? Yes, individuals over 18 can apply for citizenship by option if, at the time their parent obtained Spanish citizenship, they were under 18. In such cases, there is a two-year period to fulfill the requirements.
15. Requirements for Citizenship by Option for a Child
    • Spanish citizenship by option allows children of Spanish nationals to obtain citizenship if they are under 18 or, if over 18, within two years of reaching the age of majority, provided they were under the guardianship of a Spanish citizen.
    • The application requires proof of family ties through the applicant’s and Spanish parent’s birth certificates.
    • The process is carried out at the appropriate Civil Registry or Consulate, depending on the place of residence.
16. How Long Does the Citizenship by Option Process Take? The processing time for Spanish citizenship by option varies depending on the Civil Registry or Consulate. Typically, it takes between 6 months and 1 year, although it may take longer due to workload or case complexity.
17. Can I Apply for Citizenship by Option for an Adult Child? No, Spanish citizenship by option can only be requested for minors or those who were under the guardianship of a Spanish citizen. Adults are not eligible unless their parentage or birth in Spain is determined after turning 18, in which case they have two years to apply.
18. What Is Citizenship by Option? Spanish citizenship by option is a right granted to individuals with family ties or special circumstances, such as children of Spanish nationals or those born in Spain without another nationality. It allows them to acquire Spanish citizenship by meeting specific requirements and deadlines.
19. How to Apply for Citizenship by Option? The application process must be completed at the Civil Registry of the applicant’s residence in Spain or at the Spanish Consulate if residing abroad. Required documents include the child’s birth certificate, the Spanish parent’s certificate, and proof of family ties. If the applicant is a minor, the legal representative submits the application. The process varies by case, so professional advice is recommended to ensure all documentation is correct.