Spanish Citizenship
I can help you at every stage of the process, advising on specific requirements, gathering the necessary documentation, following up on registrations and representing the client before the Spanish authorities, making it easier to obtain citizenship in a safer and more efficient way.
Who is entitled to Spanish citizenship?
Descendant of Spanish
Descendants of Spanish citizens may be entitled to citizenship by choice, without having to reside in Spain, which allows them to obtain dual citizenship and a European passport. Children of a Spanish father or mother by origin are considered natural-born Spanish citizens, even if they were born outside of Spain. Grandchildren of Spanish citizens by origin may also have this right in some specific circumstances.
To apply for citizenship, the interested party must register their birth at the Spanish Consulate and prove the line of descent back to the Spanish father, mother, grandfather or grandmother, ensuring that the ancestor maintained Spanish nationality before passing it on to descendants. The necessary documentation may vary, but generally includes marriage certificates, records from the Brazilian Ministry of Justice, among others.
Before gathering this documentation, it is essential to confirm the existence of a birth certificate for the Spanish ancestor, which is the basis for starting the process.
Democratic Memory Law
The Democratic Memory Law, or Grandchildren’s Law, approved by the Spanish Senate on October 21, 2022, expanded access to Spanish citizenship to descendants of Spaniards. The main categories benefiting include: children, grandchildren and, in some cases, great-grandchildren of Spanish nationals of origin; children of Spanish women who lost their citizenship by marrying foreigners before 1978; and adult children of those who obtained citizenship under the Historical Memory Law or Law 10/2022. Citizenship applications must be submitted by October 21, 2024.
Naturalization for Brazilians residing in Spain
Brazilians can apply for Spanish citizenship if they meet certain legal residency conditions: reside for 2 years in Spain, be married to a Spanish citizen and live legally for 1 year in the country, or be a child, grandchild or widower of a Spanish citizen and reside legally for 1 year. Brazilians born in Spain can also apply for citizenship after 1 year of residency.
In addition to the length of residence, the following are required: DELE A2 certificate of proficiency in Spanish, proof of CCSE knowledge, birth certificate and criminal record from Brazil (both apostilled and translated). The process takes 2 to 3 years, as long as the documentation is correct.
To speed things up, the Spanish Bar Association has an agreement with the Ministry of Justice, allowing lawyers to present cases with certificates of authenticity, avoiding new document review and speeding up the analysis.
Naturalization for Brazilians married to Spaniards
The process for obtaining Spanish citizenship through marriage follows the same guidelines as citizenship through residence, but with the benefit of a reduced period: one year of legal residence in Spain is sufficient to apply for citizenship. For spouses of Spanish citizens, marriage allows them to obtain a residence and work permit in Spain. When the marriage takes place outside of Spain, it must be registered with the Spanish Civil Registry to start counting the required year of residence before applying for citizenship.
What are the steps?
1. Analysis and Planning
Initial assessment to define the best strategy.
2. Submission of Documents:
Collection and verification of necessary documents.
3. Folder assembly
Complete organization of documents for submission.
4. Start of the Process
Formalization of the citizenship application.
5. Consular Appointment
Appointment at the consulate.
6. Process Monitoring
Continuous monitoring with the competent bodies.