Spanish Nationality by Surname

Not long ago, a list of Spanish surnames was published stating that if you had any of those surnames, you could apply for Spanish nationality. In today’s article, we will explain in detail the truth about Spanish nationality by surname.

Is Spanish nationality by surname real?

Regarding Spanish nationality by surname, there have always been many rumors and false claims, stating that if you had a Spanish surname, you could obtain Spanish nationality. Well, this is entirely false because there is no law stating that Spanish nationality can be obtained based solely on having a Spanish surname. Instead, there exists a misconception surrounding this nationality. When someone speaks about nationality by surname, they are actually referring to Spanish nationality under the Law of Democratic Memory, commonly known as the Law of Grandchildren or the «Nationality by Surname» equivalent.

Additionally, the famous list of Spanish surnames that was published and generated so much expectation was not official. Therefore, the list had no legal validity and did not grant Spanish nationality.

In summary, Spanish nationality cannot be obtained solely by surname. However, Spanish nationality can be obtained through the Law of Democratic Memory (Law of Grandchildren). Here are the legal ways you can obtain Spanish nationality:

• Law of Democratic Memory (Law of Grandchildren)
• Nationality by residency
• Nationality by origin
• Nationality by letter of nature
• Nationality by possession of state
• Nationality by option
• Law of Democratic Memory (Law of Grandchildren) known as nationality by surname

Who can benefit from the Law of Grandchildren?

The Law of Grandchildren allows the children and grandchildren of Spaniards to obtain Spanish nationality directly without having to reside in Spain for a specified period. According to the Law, the following cases can benefit from the Law of Grandchildren:

• People born outside of Spain whose father, mother, grandfather, or grandmother were Spanish by origin and were exiled for political, ideological, belief, or sexual orientation reasons.
• Children born outside of Spain whose mother was Spanish but lost her nationality by marrying a foreigner.
• Children of Spaniards who were granted Spanish nationality under historical memory laws.

Documents required to obtain Spanish nationality by descent

For people born outside of Spain whose father, mother, grandfather, or grandmother were Spanish exiles, the following documentation is needed:

• Fully completed application form.
• Document proving your identity.
• Birth certificate of the applicant.
• Birth certificate of the father, mother, grandmother, or grandfather.
• If the application is made as a grandchild of a Spanish grandfather or grandmother, you will need to present the birth certificate of the corresponding parent with the Spanish grandfather or grandmother.
• You will need to demonstrate the exiled status of your father, mother, grandfather, or grandmother through one of the following documents:
  • Document stating that they were beneficiaries of the pension granted by the administration to exiles.
  • Documents from the United Nations International Refugee Office and Refugee Offices of host States that received Spanish refugees.
  • Certificate or reports issued by political parties, unions, or any public or private institution related to exile.

The documentation from the last two sections will serve as evidence of exile and must also be submitted with the following documents:

• Passport.
• Certificate of registration at the Spanish Consular Office.
• Certificate from the Consular Civil Registry of the host country.
• Certificate from the Local Civil Registry of the host country confirming that nationality was obtained from that country.
• Documents from the time of arrival in the host country.

For people whose mother was Spanish and lost Spanish nationality by marrying a foreigner before December 29, 1978, the following documents are required:

• Fully completed application form.
• Document proving the identity of the applicant.
• Birth certificate of the applicant.
• Birth certificate of the mother.
• Marriage certificate of the mother with the foreigner before December 29, 1978.

How can I submit the Law of Grandchildren?

To submit the Law of Grandchildren, once you have gathered all the necessary documents, you can do so both from Spain and from your country of origin. In both cases, you will need to go personally to the Civil Registry and submit the application along with a photocopy. The photocopy will be stamped as proof of delivery.

Other Ways to Obtain Spanish Nationality

Spanish Nationality by Residence

Obtaining Spanish nationality by residence is the simplest way to acquire Spanish nationality. To obtain Spanish nationality by residence, you only need to fulfill a specified period of time living legally in Spain. Generally, the time you must reside legally in Spain to obtain Spanish nationality by residence is 10 years, although there are some exceptions such as:

Being married to a Spanish person, in which case you must legally reside in Spain for 1 year. This type of nationality acquisition is called Spanish nationality by marriage. People from certain countries such as Portugal, the Philippines, Andorra, Equatorial Guinea, and any Latin American country can obtain Spanish nationality by residence in just 2 years. Refugees can apply for Spanish nationality in 5 years.

Spanish Nationality by Origin

To obtain Spanish nationality by origin, you must belong to one of the groups listed in the law and demonstrate it. Here are some examples:

• People who are children of Spanish father or mother can apply for Spanish nationality by origin.
• People born in Spain to foreign parents.

Spanish Nationality by Letter of Nature Spanish nationality by letter of nature is obtained if certain special circumstances are met. The person must explain the special circumstances for which they are applying for Spanish nationality.

Spanish Nationality by Possession of State

To obtain Spanish nationality by possession of state, you must fulfill the following two requirements:

• Possess and use nationality continuously for 10 years.
• Act in good faith.
• The title with which you obtained Spanish nationality must be registered in the Civil Registry.

Spanish Nationality by Option

Spanish nationality by option can be requested by foreigners who meet certain conditions. Here are some examples:

People who are subject to the parental authority of a Spanish person. People whose father or mother is Spanish.

As mentioned earlier, you cannot obtain Spanish nationality by surname. If you want to obtain Spanish nationality, you must do so through one of the options mentioned above. If you want us to help you apply for Spanish nationality, do not hesitate to contact us, and we will assist you with everything you need.