Nacionalidad Española

Nationality: concept, regulation and acquisition.

Nationality is the legal bond that unites a person with the State and through this relationship the individual enjoys certain rights that he can demand from the State organization to which he belongs and the latter, in return, can impose a series of obligations and duties.

Article 15 of the Universal Declaration of Human Rights establishes the right of everyone to a nationality and not to be arbitrarily deprived of his nationality or the right to change his nationality.

Nationality is a fundamental element in the life of the individual insofar as it allows him to belong to a group, to identify with it and, at the same time, grants him the protection of the State and the possibility of exercising his rights in accordance with the legal norms of the State.

In short, nationality is the highest legal expression of the integration of a person in a state community, it is something more than a residence and work permit.

Ways of acquiring Spanish nationality:

In summary, we can point out two ways of acquiring nationality, the original, determined by parentage or birth in Spanish territory (if certain circumstances are met), and the derivative, which involves the granting of Spanish nationality to persons who originally had another nationality or who lacked it.

In more general terms, the different ways of acquiring nationality are as follows:

1. Nationality by residence: this form of acquiring nationality requires having resided in Spain for ten years legally, continuously and immediately prior to the application, with some exceptions.

2. Nationality for Spaniards of Origin: Spaniards of origin are those born of a Spanish father or mother; and those born in Spain when they are children of foreign parents, if at least one of the parents was born in Spain (except children of diplomats).

3. Nationality by possession of State: The person who has possessed and used this nationality for ten years, continuously, in good faith (without being aware of the real situation, that is to say, that he/she is not really Spanish), on the basis of a title registered in the Civil Registry, has the right to Spanish nationality by letter of nature.

4. Nationality by Option: The option is a benefit that our legislation offers to foreigners who meet certain conditions to acquire Spanish nationality. Those who are or have been subject to the parental authority of a Spaniard and those whose father or mother was Spanish and was born in Spain have the right to acquire Spanish nationality by this means.

NATIONALITY BY RESIDENCE

This is the procedure most used by foreigners who come to live in Spain and it can be presented in a simple way directly through the platform of the Ministry of Justice.

Since the publication of Order JUS/698/2016, of May 4, the electronic filing of applications for Spanish nationality by residence on behalf of the interested parties can be processed completely electronically.