Gerard B.·July 9, 2025·10 min read

Spanish Citizenship by Descent 2025: Complete Guide to Nacionalidad Española Through Parents or Grandparents

Spanish Citizenship by Descent 2025: Complete Guide to Nacionalidad Española Through Parents or Grandparents

Wondering how to get Spanish citizenship by descent? In 2025, key deadlines apply under the updated Ley de Memoria Democrática, commonly known as the Law of Grandchildren. If you have Spanish parents or grandparents, this guide will walk you through every step: eligibility rules, what documents to gather, where to file, how to book an appointment, and how to submit your application either in Spain or at your local Spanish Consulate. It also includes official links to portals and forms so you can act right away.

Key Takeaways

  • Children and grandchildren of Spanish citizens may qualify, even if born abroad. No prior residence in Spain is required once your lineage is proven.
  • Law of Grandchildren 2025 expands eligibility to descendants of exiles and adult children. You must apply before 31 December 2027.
  • Documents you'll need include literal Spanish birth certificates, apostilled civil records, a Certificate of Concordance (if name mismatches exist), Form EX-02, and tax Form 790-026 (€104).
  • No language or culture exams required for applicants through descent. CCSE and DELE are only for naturalization by residence.
  • Dual citizenship allowed under Article 24 for Latin American countries, Portugal, France, Andorra, the Philippines, Equatorial Guinea, and qualifying Sephardic Jews under Law 12/2015.

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1. Who Is Eligible for Spanish Citizenship by Descent?

Spain follows the principle of jus sanguinis, or 'right of blood': you inherit citizenship from your Spanish parents or grandparents. You may apply for nacionalidad por opción if you are:

  • A child of a Spanish citizen, even if born abroad.
  • A grandchild of a Spaniard who lost their nationality before 1978 (often due to exile).
  • A child born in Spain to stateless or non-transmitting parents (nacionalidad por simple presunción, Article 17.c).
  • A child of a naturalized Spaniard, if you apply within 2 years of their acquisition.
  • A minor or adult adoptee: citizenship is granted from the date of adoption under Article 19.

Legal framework: Articles 17-20 of the Spanish Civil Code and Royal Decree-Law 20/2022.

Pro Tip
Download a literal birth certificate of your Spanish ancestor at the Ministerio de Justicia’s portal to avoid delays.

2. 2025 Document Checklist

  • Literal Spanish birth certificate (ancestor).
  • Long-form birth certificate of the applicant (apostilled and translated).
  • Parent's birth/marriage certificates (if applying via grandparent).
  • Certificate of Concordance (if names differ between documents).
  • Criminal background checks (under 90 days old).
  • Form EX-02 and proof of payment for tasa 790-026 (€104).
  • Two passport-sized photos (32×26 mm).
  • Proof of address for consulate applicants or Empadronamiento in Spain.
Pro Tip
Many countries now issue electronic apostilles (e-App), check if your documents qualify to save time and mailing fees.

3. How to File Your Citizenship Application in 2025

Option A – Spanish Consulate:

  1. Book an appointment under “Nacionalidad por descendencia.”
  2. Upload scanned documents within 24 hours.
  3. Attend in person and bring originals and payment receipt.

Option B – Civil Registry in Spain:

  1. Get Cl@ve digital ID.
  2. File documents at your local registry. Track via Cómo va lo mío.

Option C – Mercurio Online System (Pilot):

  1. Available in cities like Madrid and Seville.
  2. Submit documents online using your digital certificate.
  3. Follow up via Mercurio Portal.
Pro Tip
Online Mercurio filings often receive expediente numbers within 48 hours, cutting wait times significantly.

4. Paying the 790-026 Nationality Fee

To pay online, visit the Pago de Tasas portal:

  • Select Código 026Ley 22/2009 → 'Nacionalidad por opción'.
  • Download the PDF receipt with a QR code.
  • Print it and bring it to your appointment (or scan it at the consulate). If applying from Spain, you can also print the filled document and pay at the nearest bank branch
Pro Tip
Always keep a digital copy of the receipt, some consulates ask for it again during processing or corrections.

5. Processing Time, Video Oath & How to Get Your Spanish DNI and Passport

  • Processing Time: At Spanish consulates, most applications take 4–6 months to resolve. If you apply inside Spain, the process may take 12–18 months, depending on the Civil Registry workload.

  • Video Oath (2025 Pilot): In select cities like Madrid and Barcelona, applicants can now swear the oath of allegiance via video call (Zoom or Microsoft Teams), instead of attending in person.

  • DNI and Passport Appointment: After your approval and oath, you must:

    1. Book an appointment online via Cita Previa for DNI.
    2. Select the option for “Obtención del DNI por primera vez” (first-time DNI issuance).
    3. Bring your resolution of nationality, passport-sized photo, and your current foreign ID (NIE or passport).

You will receive both a DNI card and a Spanish biometric passport at the police station (comisaría) where your appointment is scheduled.

DNI Validity:

  • 5 years if you’re under 30.
  • 10 years if aged 30 to 69.
  • Permanently valid if age 70+.
Pro Tip
Bring at least €30 in cash for the DNI and passport fees as some police stations don’t accept card payments for first-time documents.

6. Can You Keep Dual Citizenship?

Spain permits dual nationality under Article 24 for applicants from:

  • Latin American countries
  • Portugal
  • France (as of 2024)
  • Andorra
  • The Philippines
  • Equatorial Guinea
  • Sephardic Jews eligible under Law 12/2015

Others must technically sign a renunciation (many countries (like the U.S. or UK) don’t treat it as binding).

Pro Tip
German and Dutch citizens should request retention permission before the Spanish oath to keep their original nationality.

7. Do You Need the CCSE (Spanish Culture) and DELE (Spanish Language) Tests for Nationality by Descent?

No. Applicants gaining Spanish nationality by descent, option, or adoption are exempt from the CCSE (culture) and DELE (language) exams.

Only applicants through residency need to pass them under Royal Decree 1004/2015.

8. How to Recover Lost Spanish Nationality

Former Spanish citizens can recover their status under Article 26 of the Civil Code. Once regained, they may transmit it to:

  • Children under 18
  • Adult children (within two years of recovery)

You’ll use Form EX-08 instead of EX-02.

Pro Tip
You can file for recovery at the same Civil Registry or consulate. Book the ‘Recuperación’ option when requesting an appointment.

9. Law of Grandchildren Deadline: 31 December 2027

The special application period under the Ley de Memoria Democrática ends on 31 December 2027. All documents must be current (within 6 months). Make sure to start early.

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Gerard B.

Gerard B.

An expat who's done it, so you don't have to!

After spending years in Spain and thousands of euros on lawyers, tax advisors, and residency applications, only to realize that doing it yourself is often easier, cheaper, and just as effective. Gerard is an expat on a mission to help others avoid the same costly mistakes. By creating LiveLoveSpain, Gerard aims to share first-hand experiences, practical tips, and plenty of "Why didn't anyone tell me this?!" moments. Whether it's filing taxes, understanding visas, or just mastering the art of the sobremesa, he's here to help fellow expats integrate seamlessly without breaking the bank.