First, we must consider the two main ways that nationality is determined:
‘Ius Sanguinis’ vs. ‘Ius Soli’
Firstly, the case of right of blood (Ius Sanguinis) is when a person acquires the nationality of his parents, even though the place of birth is in another country.
And on the other hand, we have the case where nationality is inherited from the country of birth (Ius Soli) regardless of the nationality of the parents.
Different countries and legal systems usually apply one of these legal cases to determine the granting of citizenship to their citizens.
So, which case is applied in Spain?
In Spain, the order follows the case of the right of blood (Ius Sanguinis).
It’s the general rule that those born in Spain of foreign parents follow the nationality of their parents.
However, as with a lot of legal issues, it’s not quite as simple as that and there are a few other details that can determine if someone born in Spain is of Spanish nationality.
The Spanish Civil Code states the following:
Someone is “Spanish of origin” when:
- Born to a Spanish father or mother.
- Born in Spain to foreign parents if, at least, one of them had also been born in Spain. The children of a diplomatic or consular official accredited in Spain are excepted
- Born in Spain to foreign parents but only if both have no nationality – or if the parents’ countries of nationality do not permit nationality to those born abroad.
- Born in Spain whose parentage is not determined.
Are there any other complications to consider?
Yes, you also need to consider the nationality laws of the other countries involved.
As we’ve already mentioned in the points above, If the laws of any of the parents’ countries of nationality do not permit nationality to the child because it was born outside its territory (e.g. Saudi Arabia) – then in order to prevent the minor from lacking any nationality, Spain will step in and give Spanish nationality to the child.
Can Lexidy assist me in matters of immigration and citizenship?
Of course! We are experts in immigration and citizenship – and can help with all aspects of life and work in Spain. Get in touch today, or request a free consultation below.