Spanish Nationality by Possession of Status

Spanish nationality by possession of status is regulated in Article 18 of the Spanish Civil Code, which states: «The continuous possession and use of Spanish nationality for ten years, in good faith and based on a title registered in the Civil Registry, shall result in the consolidation of nationality, even if the title that originated it is annulled.»

Therefore, to apply for nationality through this route, the following elements must be met:

1. Possession and use of nationality for 10 years. It is required that these 10 years be continuous.
2. Good faith. This means that the individual does not have knowledge that they are not actually Spanish.
3. Title registered in the Civil Registry. Even if this title is annulled, the right exists if the other requirements are met.

It is required that the applicant has maintained an active attitude in such possession and use of Spanish nationality. This implies that they must have behaved considering themselves to be Spanish, both in the enjoyment of their rights and in the fulfillment of their duties in relation to organs of the Spanish State.

All of this results in the consolidation of Spanish nationality.

An example of Spanish nationality by possession of status can occur when a child is registered in the Civil Registry and later a paternity suit is filed that ends with a judgment declaring that the person listed as the father is not actually the father. If Spanish nationality was obtained through the father, in reality, the child has never been Spanish because the requirement for obtaining nationality through that route was not met. However, by being unaware of this fact and having acted as Spanish, nationality can be consolidated.

What is the procedure for Spanish nationality by possession of status?

A procedure must be initiated before the nearest Civil Registry, with the value of simple presumption.

The Civil Registry is responsible for processing and resolving the procedure for Spanish nationality by possession of status.

In addition, we must comply with the general requirements demanded by article 23 of the Civil Code for the other modes of acquisition of nationality, which are:

a) That the person over fourteen years of age and capable of making a declaration by themselves swears or promises fidelity to the King and obedience to the Constitution and laws.

b) That the same person declares that they renounce their previous nationality. Those who are nationals of countries mentioned in section 1 of article 24 and Sephardic origin from Spain are exempt from this requirement.

c) That the acquisition is registered in the Spanish Civil Registry.

Finally, those persons referred to in article 25 of the Civil Code are excluded:

1. Those who, for a period of three years, exclusively use the nationality they declared renouncing when acquiring Spanish nationality.
2. When they voluntarily enter military service or hold a political office in a foreign State against the express prohibition of the Government.
3. When a final sentence declares that the interested party has incurred in falsehood, concealment, or fraud in the acquisition of Spanish nationality.

What happens if my application for Spanish nationality by possession of status is denied?

If the final resolution is unfavorable, you can file the corresponding appeal with the National Court within a period of 2 months from the receipt of the resolution.

If it is favorable, you will need to proceed with the corresponding registration in the Civil Registry.

Of course, if you have any doubts or need more personalized advice, do not hesitate to contact esabogadoextranjeria, and we will be happy to assist you with your case.

Frequently Asked Questions about Spanish nationality by possession of status

What is possession of status in the context of Spanish nationality?

Possession of status refers to the situation in which a person acts and is treated as a Spanish citizen in their daily life, despite not having formally recognized nationality. This concept is based on the effective integration of the person into Spanish society.

What are the requirements to acquire Spanish nationality by possession of status?

The requirements to acquire Spanish nationality by possession of status include having resided continuously in Spain for a specific period, demonstrating good civic conduct, and having possession of status during that time. It is essential to maintain conduct in line with the values and norms of Spanish society.

How much continuous residence time is required to apply for nationality by possession of status?

The period of continuous residence required varies depending on the applicant’s situation. Generally, a minimum residence period of at least 10 years is usually required, although there are exceptions for those who have been married to a Spaniard or have had Spanish children.

How is possession of status demonstrated in the nationality application process?

Possession of status can be demonstrated through evidence such as registration on the municipal census (empadronamiento), active participation in Spanish social and cultural life, integration into the local community, among others. It is also crucial to have witnesses who can support the claim of possession of status.

What is the procedure to apply for Spanish nationality by possession of status?

The procedure involves submitting an application to the relevant authorities, providing all the required documentation supporting possession of status. Then, a thorough review of the application is conducted, and if approved, Spanish nationality is granted.