What is Spanish Nationality by Option?
Spanish citizenship by option allows eligible individuals to formally declare their intention to acquire Spanish nationality. Unlike nationality by residence, this process is based on family connection or legal status, not years of residence in Spain.
This procedure is regulated under the Spanish Civil Code and processed before the Spanish Civil Registry (Registro Civil) or the Spanish Consulate if you live abroad.
Who Can Apply for Spanish Nationality by Option?
The following individuals may qualify:
- Children of Spanish parents born in Spain: May opt for Spanish nationality at any time, with no age limit in certain cases.
- Individuals whose parentage or Spanish birth was determined after age 18: Must declare within two years of the official determination.
- Minors who were under the guardianship of a Spanish citizen or institution: Must declare within two years after reaching majority age or emancipation.
- Adults adopted by Spanish citizens: If adoption occurred after age 18, the declaration must be made within two years of the adoption.
In general, the right to opt expires at age 20, unless the applicant's personal law establishes a different age of majority.
Who Can Submit the Application?
The procedure depends on the applicant's age and legal capacity:
- Minors under 14: Legal representatives (parents or guardians) apply on their behalf.
- Individuals aged 14 to 17: Must declare personally, assisted by legal representatives.
- Adults or emancipated individuals: Declare the option themselves.
- Legally incapacitated persons: May apply depending on court authorization.
Each case requires careful legal assessment to avoid loss of the right to opt.
Where to Apply for Spanish Citizenship by Option
Applications must be submitted at:
- The Civil Registry of the applicant's residence in Spain.
- The Civil Registry of the legal representative, for minors or incapacitated persons.
- The Spanish Consulate in the applicant's country of residence, if living abroad.
Required Documents for Spanish Nationality by Option
Applicants typically need to provide the following:
- Long-form birth certificate (translated into Spanish if required).
- Valid foreign passport.
- Official declaration form.
If applicable, parents' documents include:
- Spanish parent's birth certificate (issued within the last year).
- Non-Spanish parent's birth certificate (translated and legalized if necessary).
- Passports of both parents.
- Spanish naturalization certificate, if applicable.
- Marriage certificate or Spanish family book (Libro de Familia), if relevant.
All foreign documents must be properly legalized or apostilled and officially translated. The Civil Registry or Consulate may request additional documentation depending on the case.
Legal Requirements to Acquire Spanish Nationality by Option
Applicants aged 14 or older must:
- Swear loyalty to the King of Spain.
- Swear loyalty to the Spanish Constitution and laws.
- Declare renunciation of their previous nationality (with exceptions).
Exceptions to the renunciation requirement apply to nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, France, and Sephardic descendants.
Final registration in the Spanish Civil Registry is mandatory to complete the process. Once registered, the applicant may apply for a Spanish passport and, if living abroad, register at the Spanish Consulate.
Why Apply for Spanish Nationality by Option?
- Faster than nationality by residence — no long residence period required.
- Direct access to Spanish and EU citizenship.
- Right to live and work anywhere in the European Union.
- Legal stability and full civil rights in Spain.
Important: Strict deadlines apply in many cases. Missing the legal timeframe may result in permanent loss of eligibility.