Discover the process to acquire Spanish citizenship by option, including requirements, documents, and key benefits of becoming a Spanish and EU citizen.
1) Introduction
Citizenship by option in Spain is a legal mechanism that allows certain foreigners, mainly children of Spaniards or those born in Spain to foreign parents, to obtain Spanish citizenship under specific circumstances.
2) What is Citizenship by Option?
Citizenship by option is regulated by Article 20 of the Spanish Civil Code. It provides a pathway to citizenship for individuals with a close connection to Spain, even if they were not born Spanish citizens by origin.
3) Main Advantages
- Legal right to reside and work in Spain.
- Freedom of movement across the Schengen area.
- Transmission of citizenship to minor children.
- Access to public administration jobs.
- Right to live and work in other EU countries.
- Voting rights in general, regional, and municipal elections.
- Faster family reunification procedures.
- Spouse of a Spanish citizen may apply after one year of residence.
4) Requirements
- Civil Code Article 20: Must qualify under one of the legal situations defined by Spanish law.
- Birth Certificate: Applicant’s official birth certificate.
- Valid Passport: Updated and full passport.
- Resident Card: Proof of legal residence in Spain.
- Spanish Parent’s Birth Certificate.
- Foreign Parent’s Birth Certificate.
- Marriage Certificate of Parents.
5) Application Process
- Gather Documentation: Collect all required certificates and IDs.
- File Application: Submit it to the Civil Registry or Consulate.
- Exams (if required): Pass the CCSE and DELE exams.
- Review: Authorities verify documentation and compliance.
- Resolution: If approved, citizenship is granted and registered.
6) Benefits of Citizenship by Option
- Legal recognition of Spanish heritage or ties.
- Full EU citizenship rights.
- Opportunity for descendants to inherit citizenship.
7) Duration and Long-Term Rights
Once granted, citizenship by option provides permanent citizenship rights, including access to a Spanish passport, EU rights, and political participation.
8) Additional Considerations
- Children of Spaniards born abroad may qualify.
- Applicants usually need to pass integration exams (CCSE & DELE).
- Hiring a lawyer is optional but highly recommended.
9) Who Can Benefit the Most?
- Children of Spanish parents.
- Individuals born in Spain to foreign parents.
- Foreign residents with direct ties to Spain.
- Families seeking EU mobility and reunification.
10) Comparison with Other Citizenship Types
- Citizenship by Origin: Based strictly on descent from a Spanish parent.
- Citizenship by Option: Based on legal situations defined by Article 20 of the Civil Code.
- Citizenship by Residence: Requires a minimum legal stay in Spain before applying.
11) How Migratiolex Can Help
Our Services
- Assessment of eligibility under Article 20.
- Preparation and review of applications.
- Legal support with translations and exams.
Why Choose Migratiolex?
We are a Girona-based immigration law firm offering online services worldwide. At Migratiolex, we guide you through the citizenship by option process to ensure success with minimal stress.
FAQs
What is citizenship by option in Spain?
Citizenship by option is a procedure by which a person can acquire Spanish citizenship if they meet certain requirements established by law.
Who can apply for citizenship by option?
Foreigners with a direct legal or family link to Spain, including children of Spaniards or those born in Spain to foreign parents.
How long does the process take?
Several months to over a year depending on Civil Registry workload.
Is hiring a lawyer required?
No, but it is advisable to ensure all requirements are met and documentation is correct.
Do I need to take exams?
Yes, usually the CCSE and DELE exams are required.