Spanish Citizenship for Sahrawis 2026: Can I Apply Yet? Latest News on the Law
Short answer (updated 4 October 2026)
- You cannot apply yet through the new route for Sahrawis: it is a bill still being voted on in the Spanish Parliament.
- If you were born in Western Sahara before 29 September 1977, the version passed by Congress would let you apply without living in Spain. The Senate version would only require 2 years of legal residence in Spain (instead of 10).
- Next step: the full Senate votes on 6 October; then Congress decides. Once published in the Official State Gazette (BOE), it would take 4 or 6 months to enter into force.
- What you can do now: gather your documents (old Spanish DNI, UN census receipt, birth certificate, family book) and start legalising or apostilling them, as it takes months.
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Can I apply for Spanish citizenship now if I am Sahrawi?
Not through the new route yet. On 10 September 2026 the Spanish Congress passed a bill to make it easier for Sahrawis to obtain Spanish nationality, but the Senate has amended it and the text still has to go through the full Senate and back to Congress. Until it is published in the BOE and enters into force, nobody can apply under these new rules.
Today only the general routes exist: nationality by residence after 10 years of legal residence in Spain, and some exceptional routes that depend heavily on each person’s documents (explained below).
Does it apply to me? It depends on your situation
The answer depends on your case and on which version of the bill is finally approved:
| Your situation | If the Congress version is approved | If the Senate version is approved |
|---|---|---|
| Born in Western Sahara before 29-9-1977 and living outside Spain (for example, in the Tindouf camps) | You could apply without living in Spain, free of charge, within 3 years (extendable by 1) | You would need to live legally in Spain for 2 years before applying |
| Born there before 1977 and living legally in Spain | You could apply directly, or by residence after only 2 years | 2 years of legal residence would be enough instead of 10 |
| Son or daughter of a Sahrawi born before 1977 | You could opt for nationality within 5 years of your parent obtaining it | Descendants are not mentioned: it will depend on the regulations |
| Born in Western Sahara after 1977 | You would not qualify for the direct route | The text refers to “Sahrawis of Western Sahara” with no date: regulations will specify |
| I have already applied for nationality and have no decision yet | You could ask for your file to continue under the new procedure (both versions allow this) | |
Latest news
- 10 September 2026: Congress passes the bill with the direct route (carta de naturaleza, a discretionary grant of nationality by the Spanish Government) and the reduction to 2 years.
- 30 September: the Senate Justice Committee, with the Partido Popular majority, removes the direct route and keeps only the 2-year residence rule. It also delays entry into force to 6 months and leaves the way to prove Sahrawi status to later regulations.
- 6 October (scheduled): vote in the full Senate.
- Then: the text returns to Congress, which can accept or reject each Senate change by simple majority. The outcome is not decided.
- Finally: publication in the BOE and entry into force 4 months later (Congress version) or 6 months later (Senate version).
We will update this article after each vote.
What you can do now to be ready
Gather any of these documents as soon as possible. Under the Congress version, one is enough to prove you were born in Western Sahara before 1977:
- A Spanish DNI, even if expired.
- The receipt of registration in the Western Sahara referendum census (MINURSO), authenticated by the UN and legalised.
- A birth certificate, apostilled or legalised.
- A birth certificate, family book or public employee documents issued by the Spanish administration in Western Sahara.
The following can also support your case, assessed together: school certificates, pensions, a Spanish driving licence, medical or hospital records and any document from a Spanish authority showing your birth there before 29 September 1977.
Keep in mind that:
- Foreign documents must be apostilled or legalised and translated into Spanish. This can take months.
- You will need a criminal record certificate from the countries where you lived in the last 5 years. Request it closer to the date, as it expires.
- If you live in Spain, keep your legal residence without gaps: under the Senate version it will be essential.
How the procedure would work (Congress version)
| Cost | Free |
| Deadline to apply | 3 years from entry into force, extendable by 1 year |
| Where | Ministry of Justice (Directorate-General for Legal Certainty and Public Faith), also online |
| Decision | Within 1 year at most. If there is no answer by then, the application is deemed refused (negative administrative silence). An express refusal can be challenged by an appeal for reconsideration (recurso de reposición) within 1 month |
| After approval | 1 year to swear or promise allegiance to the King and the Constitution and register at the Civil Registry |
| Civil Registry | The one for your address if you live in Spain; the Central Civil Registry if you live abroad |
Two key questions
Will I have to renounce another nationality? The bill does not say so, but Article 23 of the Civil Code generally requires a declaration renouncing your previous nationality. Exceptions include nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal. If you hold Moroccan, Algerian, Mauritanian or another nationality, have your case reviewed before applying.
Will I have to pass the CCSE and DELE exams? For the direct route (carta de naturaleza) the bill does not require them. For nationality by residence after 2 years they may be required, as for other applicants, unless an exemption applies.
In the meantime: routes that exist today
- Nationality by residence with the general 10-year period.
- Consolidation of nationality (Article 18 of the Civil Code): for people who have used Spanish nationality for 10 years, in good faith and based on a title registered at the Civil Registry. It depends heavily on each person’s documents.
- Statelessness status: it does not grant nationality, but once recognised it allows you to live and work in Spain.
Frequently asked questions
When will I be able to apply?
When the law is published in the BOE and enters into force: 4 months later under the Congress version or 6 under the Senate version. If everything is approved in October, it would not be before early or mid-2027.
Do I have to live in Spain?
Under the Congress version, no. Under the Senate version, yes: 2 years of legal residence would be required.
How much does it cost?
The application is free. You will have costs to obtain, legalise or apostille and translate documents.
Can my children apply?
Under the Congress version, sons and daughters could opt within 5 years of their parent obtaining nationality. Under the Senate version, it will depend on the regulations.
Sources: text passed by Congress (BOCG, Series B, no. 84-9, 17-9-2026) and Senate Justice Committee text (BOCG Senado no. 467, 2-10-2026). Spanish version: Nacionalidad española para saharauis.
This content is for informational purposes only and does not constitute legal advice. Each case is unique. Consult with a qualified immigration lawyer for advice tailored to your situation.