Spanish Citizenship by descent

Learn everything you need to know on how to get the Spanish Citizenship by descent

Free Case Consultation

Contact us

To request a free consultation case, please provide us with your contact details below and we will contact you via email or phone.

What is the Spanish citizenship by descent?

Spanish citizenship by descent allows individuals with Spanish ancestry to obtain nationality by proving direct lineage from a Spanish parent or, in some cases, a grandparent. Those born to Spanish parents automatically qualify, while individuals with Spanish grandparents may be eligible if they can demonstrate that their grandparents were originally Spanish and lost their citizenship due to emigration. Additionally, special provisions exist for descendants of exiled Spaniards and Sephardic Jews of Spanish origin. 

Spanish citizenship by descent is available to individuals who can prove a direct family link to a Spanish national. The following categories of people can apply:

Children of Spanish Citizens
Individuals born to a Spanish parent, regardless of whether they were born in Spain or abroad, can directly apply for citizenship by origin.

Grandchildren of Spanish Nationals
If your grandparent was originally Spanish and lost their citizenship due to emigration, you may be eligible to apply. This applies especially if your grandparent emigrated to a country where Spain has agreements for citizenship by descent, such as Latin American countries.

Descendants of Exiled Spaniards
Special provisions exist for descendants of Spaniards who were exiled during the Spanish Civil War and Francoist regime. If you can prove this ancestry, you may qualify under these rules.

Sephardic Jews of Spanish Origin
Individuals of Sephardic Jewish descent with a historical connection to Spain can apply under a specific law granting them the right to Spanish citizenship.

To obtain Spanish citizenship by descent, you must follow these steps:

  1. Determine your eligibility
    You may be eligible if you were born to a Spanish parent or if your grandparent was originally Spanish and lost their citizenship due to emigration.

  2. Gather required documents
    These typically include:

    • Your birth certificate
    • Birth certificates of your parent(s) or grandparent(s) proving their Spanish nationality
    • Marriage certificates (if applicable)
    • Proof that your grandparent emigrated from Spain and lost their citizenship
    • Valid passport and proof of residence

  3. Apostille and translate documents
    Ensure that all foreign documents are properly apostilled and translated into Spanish by a certified translator.

  4. Submit the application
    Apply at the Civil Registry in Spain or at a Spanish consulate in your country of residence. Ensure you provide all documents and pay the corresponding fee.

  5. Wait for approval
    The processing time can take several months to a couple of years, depending on the complexity of your case.

  6. Swear allegiance
    Once approved, you must swear allegiance to the Spanish Constitution and formally acquire your citizenship.

  • Direct Lineage from a Spanish Citizen

    • You must prove that at least one of your parents or grandparents was originally a Spanish citizen.
    • If applying through a grandparent, they must have been born in Spain and emigrated, losing Spanish citizenship as a result.

  • Birth Certificates

    • Your birth certificate, as well as the birth certificates of your parent(s) and grandparent(s), must be submitted to establish the family link.

  • Proof of Grandparent’s Spanish Nationality

    • Documents such as your grandparent’s Spanish birth certificate, old Spanish passport, or proof of emigration may be required.

  • Marriage Certificates

    • If your parent or grandparent was married, you may need their marriage certificate to confirm their legal status at the time of birth.

  • Apostilled and Translated Documents

    • All foreign documents must be apostilled and officially translated into Spanish by a certified translator.

  • Valid ID and Passport

    • Provide a valid passport, national ID, or other proof of identity.

  • Proof of Legal Residence (if applicable)

    • If applying from within Spain, you may need to provide proof of legal residence, such as an NIE and empadronamiento (residency registration).

Freedom of Movement
Spanish citizenship allows you to live, work, and study freely in Spain, any EU country, and Schengen Area states without the need for a visa or permit.

Visa-Free Travel
With a Spanish passport, you gain visa-free or visa-on-arrival access to over 190 countries, making international travel much easier.

Access to EU Rights and Benefits
As a citizen of Spain and the European Union, you have the right to access healthcare, social benefits, and non-discrimination in any EU country.

Educational Opportunities
Citizenship gives you access to affordable education and scholarships in Spain and across Europe, where tuition fees are significantly lower for EU citizens.

Dual Citizenship
Spain allows dual citizenship with certain countries, such as most Latin American countries, Portugal, and the Philippines, allowing you to retain your original nationality.

As a Spanish citizen or resident, your tax obligations depend on whether you are considered a tax resident or a non-resident in Spain.

Taxes for Spanish Citizens and Residents

As a Spanish citizen or resident, your tax obligations depend on whether you are a tax resident or a non-resident in Spain.

1. Tax Residency in Spain

You are considered a tax resident in Spain if:

  • You spend more than 183 days in Spain during a calendar year, or
  • Your main economic interests or center of vital interests (e.g., business, property, or family) are in Spain.

If you are a tax resident, Spain taxes your worldwide income. If you are a non-resident, you are only taxed on Spanish-sourced income.

2. Taxes for Tax Residents

Personal Income Tax (IRPF)
Spain has a progressive income tax system with the following brackets:

  • Up to €12,450: 19%
  • €12,451 to €20,200: 24%
  • €20,201 to €35,200: 30%
  • €35,201 to €60,000: 37%
  • Over €60,000: 45%
    Some autonomous communities may adjust the rates slightly within these brackets.

Wealth Tax (Impuesto sobre el Patrimonio)
Applies to individuals with significant net assets. Exemptions typically up to €700,000, though it varies by region. Rates range from 0.2% to 3.5%, depending on the value of your assets.

Capital Gains Tax
Capital gains from the sale of property, stocks, or other investments are taxed at:

  • 19% on gains up to €6,000
  • 21% on gains between €6,001 and €50,000
  • 23% on gains between €50,001 and €200,000
  • 28% on gains over €200,000

Inheritance and Gift Tax
Rates vary based on the relationship between the giver and recipient and the autonomous community. Rates can range from 7.65% to 34%, with reductions and exemptions depending on the recipient’s status.

Property Tax (IBI)
Owners of property in Spain must pay an annual property tax, which varies by municipality and is based on the cadastral value of the property.

VAT (IVA)
The standard VAT rate is 21%, with reduced rates of 10% and 4% for specific goods and services.

3. Taxes for Non-Residents

Rental Income
Rental income from property in Spain is taxed at:

  • 24% for non-EU/EEA residents
  • 19% for EU/EEA residents (deductions are allowed for EU/EEA residents only)

Capital Gains Tax
Capital gains from the sale of Spanish property or assets are taxed at 19%.

Non-Resident Property Tax
Non-residents who own property in Spain must pay an annual non-resident property tax, which is based on the property’s cadastral value.

4. Double Taxation Agreements

Spain has signed double taxation treaties with many countries to prevent double taxation on the same income. These treaties allow tax residents to claim tax credits or exemptions for taxes paid abroad.

Navigating the Spanish citizenship process can be complex, but with the right guidance, it becomes much easier. If you need help with your application, from gathering documents to passing the required exams, contact us today. Our experts are ready to assist you every step of the way!

Get a free consultation

How can a lawyer help me with the Spanish citizenship?

A lawyer can help you by providing legal advice and guidance throughout the application process. Some ways a lawyer can assist you include:

Get a free consultation

Understanding the eligibility requirements

A lawyer can help you understand the eligibility requirements, including the criteria you need to meet and the documents you need to submit.

Preparing your application

A lawyer can assist you in preparing your application, ensuring that all the required documents are included and that your application is complete.

Addressing potential issues

If there are any potential issues with your application, such as gaps in your employment history or criminal convictions, a lawyer can help you address these issues and present your case in the best possible light.

Representing you in appeals

If your application is denied, a lawyer can represent you in any appeals process and help you to overcome the reasons for denial.

Providing ongoing support

A lawyer can provide ongoing support throughout the application process, answering any questions you may have and keeping you updated on the status of your application.

If you are interested in obtaining a Spanish citizenship, don’t hesitate to contact us today.

Get a free consultation

Our team of experienced lawyers is ready to assist you and guide you through the entire application process. Let us help you make your dream of living and working in Spain a reality.

Life

Work

Voices of Satisfaction

Trustpilot
Trustpilot

Quality Life for You and Your Family

Why Spain?

Obtaining citizenship in Spain offers numerous advantages. Firstly, it provides legal permission to live and work in one of Europe’s most captivating countries, with its vibrant cities, stunning coastline, and rich cultural heritage. Secondly, the visa enables access to Spain’s thriving digital and tech ecosystem, fostering networking opportunities and professional growth. Lastly, the visa allows digital nomads to immerse themselves in the warmth of Spanish hospitality, savor its delectable cuisine, and explore its diverse regions while maintaining a flexible work-life balance.

  • Cultural immersion

Experience the rich Spanish culture.

  • Location

Explore Europe without visa restrictions.

  • Stable economy

Spain has a stable and growing economy

  • Delicious cuisine

Taste world-renowned Spanish food and wine.

  • Affordable living

Cost of living is lower compared to other European countries.

  • Healthcare access

Access to high-quality healthcare facilities and services.

  • Skilled workforce

Spain has a highly skilled and multilingual workforce

  • Travel Opportunities

Explore diverse regions within Spain.

Frequently Asked Questions

No, you do not need to live in Spain to apply, but you will need to submit your application at a Spanish consulate in your country of residence or the Civil Registry in Spain if you are already there.

Yes, you may be eligible if your grandparents were Spanish and you can prove your direct lineage. Depending on your case, you may also need to meet additional residency requirements in Spain.

The process can take several months to a couple of years, depending on where you apply and the complexity of your case.

Spain allows dual citizenship with certain countries, such as those in Latin America, Andorra, the Philippines, Portugal, and Equatorial Guinea. If your country is not on this list, you may need to renounce your original nationality.

Yes, once you obtain Spanish citizenship, your children can apply for citizenship by origin if they are minors or claim citizenship by descent as adults.

No, applicants for citizenship by descent are generally not required to take the DELE language exam or CCSE cultural knowledge test.

The application fee for Spanish citizenship by descent is approximately €104, with, if needed, additional document preparation costs ranging from €50 to €200 per document for apostilling and translation, plus optional legal assistance fees.

Laura Fuste
David Planes Vilar
Cristina Negro
Monica Isern Lopes
Gabriela Baly
Sandra Faura
Carolina Gimeno
Eugenia Yanes
Maria Laura Arreaza
Manuel Lorenzo

Our Team

For us, Lexidy is a way of life and what excites us the most is to be able to deliver the happiness and satisfaction of a successful immigration process. We want to help you achieve your goals and dreams, whether it’s residence in Spain or simply an investment.

Contact Us
We are a LegalTech Boutique
Visit us: Av. Diagonal, 442, 3º 1ª , 08037 Barcelona (Spain) Write us: info@lexidy.com – Call us: +34 938 074 056

© 2025 LEXIDY -

MAKING LAW SIMPLE. ALL RIGHTS RESERVED.

Free consultation