Recuperating Spanish nationality of origin is possible through a legal procedure that allows those who were Spanish of origin to regain this status by establishing residence in Spain.
Many descendants of Spaniards, especially those born in Ibero-American countries, Equatorial Guinea, or the Philippines, assume that if they did not access the extraordinary benefits and the transitional application of laws such as the Historical Reparation Act (52/2007) or the Law of Democratic Memory (20/2022), they have permanently lost their connection with Spain.
However, this is not entirely correct.
The Spanish Civil Code provides for a permanent and solid remedy: the restoration of the Spanish nationality of origin.
If you are a Spanish citizen of origin and lost your nationality because you did not maintain it at the time, or if you are a descendant, this content will help you understand your real options.
1. What does the recovery of the Spanish nationality of origin entail?
Recovery is the legal procedure intended for those who were Spanish by origin and lost that status because they did not meet the requirements for maintaining it or because they acquired and used another nationality exclusively after reaching majority without expressing their will to maintain it.
It is important to understand that the recovery only applies to those who were already Spanish by origin.
Who is of Spanish origin?
According to Article 17 of the Spanish Civil Code, those of Spanish origin are:
- Those born to a Spanish father or mother.
- Those born in Spain to foreign parents if at least one of them was also born in Spain (except for children of diplomats).
- Those born in Spain to foreign parents if none of them have nationality or if no legislation attributes a nationality to them.
- Those born in Spain whose nationality is not determined.
Furthermore, in accordance with Article 19 of the Civil Code, adopted minors acquire Spanish nationality of origin from the date of the adoption.
2. Requirements of the Ministry of Justice
To regain Spanish citizenship, Article 26 of the Civil Code establishes three conditions:
- Being a legal resident in Spain.
- Declare your intention to regain your citizenship at the Civil Registry.
- Register the recovery in the Civil Registry.
2.1 Exception for immigrants and children of immigrants
Emigrants and their children can make the declaration of intent directly at the consulate of their country of residence, without the need to previously reside in Spain.
In contrast, for grandchildren and other descendants, the procedure requires them to be legally resident in Spain before starting the process.
3. Preliminary step: obtain legal residence in Spain
Before starting the process of regaining citizenship, it is necessary to have a valid residence permit.
There are different options depending on the applicant's profile:
- Residence for the families of Spanish citizens
- Residence for entrepreneurs
- Residence for intra-company relocation
- Residency for researchers
- Residence for highly qualified professionals
- Residence for international teleworking (digital nomad)
- Non-profit residence
- Residence and work on behalf of another
- Residence and self-employment
- Residence for family reunification
- Residence for professional internships
- Seasonal residence
Among them, residence for family ties is usually one of the most relevant in these cases, especially when there is a Spanish parent.
4. Why regain the nationality of origin?
Reciving your nationality is not just about getting a passport.
It involves regaining a legal status with profound effects:
- To be protected by the Spanish Constitution.
- Facilitate access to citizenship for children and grandchildren.
- To fully reintegrate into the national community.
- Reestablishing a legal bond with your origin and lineage.
5. Procedure in the Civil Registry
Once legal residency in Spain is obtained, the procedure is carried out at the Civil Registry Office in the domicile.
You will need to submit:
- Foreign birth certificate duly apostilled.
- Documentation proving the Spanish origin of the parent (if applicable).
- Valid residence card (TIE).
Do you want to reclaim your place in Spain?
The process begins with proper planning of the legal residence.
At Nomadis, we analyze your case, your lineage, and your professional profile to identify the most efficient route to access Spain and accompany you throughout the process.
Would you like us to evaluate which is the best option for you to start your citizenship recovery?