Spanish Citizenship Lawyer: Get Your Passport with Expert Legal Guidance

Spanish citizenship is the ultimate goal for many Americans who have built their lives in Spain. It grants the rights of a Spanish and EU citizen, including the right to live and work in other EU member states subject to the applicable rules, and allows you to obtain a Spanish passport. Its effect on any existing nationality must be assessed under the relevant laws; retention is not guaranteed by this guide.

Your residence history, family circumstances and any application already lodged determine which nationality route should be assessed. The Ley de Memoria Democrática is a closed temporary option route, not an open pathway for every person with Spanish ancestry. Each route has different requirements, documentation, and timelines.

For an informational overview, compare the routes to Spanish citizenship before discussing your individual case.

Democratic Memory Law: Closed Window, Pending Cases and Protected Appointments

The Ley de Memoria Democrática (Law 20/2022), commonly known as the Democratic Memory Law or “Grandchildren Law,” created a temporary nationality option for specified family circumstances. The general application window closed in October 2025. The Council of Ministers agreement of 9 July 2024 extended the original window by one year; it did not open a general application window for 2026.

The categories below describe the temporary option under Additional Provision Eight of Law 20/2022 and the Instruction of 25 October 2022, not a present right to start a new application:

• People born outside Spain to an originally Spanish parent or grandparent. The instruction distinguishes this category from cases where the ancestor lost or renounced Spanish nationality because of exile for the specified reasons; proof of exile is not required for every Annex I applicant.
• Children born abroad to Spanish women who lost their nationality by marrying a foreigner before the 1978 Constitution entered into force.
• Adult children of Spaniards whose nationality of origin was recognised through the option under the 2022 law or Additional Provision Seven of the 2007 Historical Memory Law.

The instruction also provided an Annex IV option for specified people who had already acquired non-origin Spanish nationality under Articles 20.1.b or 20.1.a of the Civil Code; that option was subject to the same temporary window. This scheme did not require a period of residence in Spain, but family eligibility alone does not overcome its deadline. Applications lodged in time may still be processed. Under the Instruction of 5 November 2024, qualifying consular appointment requests made in time through the designated electronic tools that verify identity and generate a dated acknowledgement may permit later personal submission on the assigned date, with that proof. An informal enquiry or an unsubmitted collection of documents is not equivalent. The official London consular notice confirms closure and the position of timely appointment requests for that office. Check the competent consulate’s own notice and your acknowledgement; London’s exact cut-off and booking arrangements must not be treated as universal. Neither a pending file nor a protected appointment guarantees approval.

Citizenship by Residence (10-Year Route)

For an American applicant without a qualifying statutory reduction, the general rule requires 10 years of legal, continuous residence in Spain immediately before applying, together with good civic conduct and sufficient integration. Check the residence record and any absences; this guide does not prescribe a universal permitted number of days abroad.

Important note: Article 22 provides shorter periods for specified cases, including two years for nationals by origin of Ibero-American countries and the other categories it identifies. US nationality alone does not qualify for that two-year reduction. A stay authorisation, such as estancia for studies, must not be treated as equivalent to legal residence for this nationality requirement. The Ministry of Justice’s nationality-by-residence guidance explains the core residence, conduct and integration requirements.

Citizenship by Marriage

Marriage does not automatically confer nationality. Under Article 22.2.d of the Civil Code, you may qualify after one year of legal, continuous residence immediately before applying if you have been married to a Spanish citizen for at least one year at the application date and are not separated legally or in fact. The periods can overlap; they are not two mandatory consecutive years. A registered civil partnership does not itself meet this marriage condition. Article 22.3 specifically treats a spouse living with a Spanish diplomatic or consular official accredited abroad as legally resident in Spain for this purpose; it is not a general overseas exemption. Good civic conduct and sufficient integration remain necessary.

Frequently Asked Questions

Will I lose my US citizenship if I become Spanish?

That cannot be answered by Spanish law alone. Article 23.b of the Civil Code generally requires a declaration renouncing the previous nationality for acquisition by option, naturalisation by royal decree or residence, subject to statutory exceptions and applicable treaties. The Democratic Memory Law option has its own exemption from that declaration under its implementing instruction. A declaration before Spanish authorities and retention or loss under US or another country’s law are separate questions. Check the applicable law and obtain qualified advice; this page does not guarantee retention of US nationality or describe the declaration as merely symbolic.

What exams are required for Spanish citizenship?

For nationality by residence, the usual integration tests are CCSE and DELE A2 or higher, administered by Instituto Cervantes. Marriage alone does not exempt an applicant. Nationality, existing qualifications, age and other circumstances can affect the evidence required; exemptions, Ministry-approved dispensations and adapted tests must be assessed individually. Disability does not automatically mean exemption. Check Article 6 of Real Decreto 1004/2015 and the official Cervantes guidance before booking or omitting an exam. These residence-route tests are not a universal requirement for every nationality procedure.

How long does the citizenship process take?

For nationality by residence, Article 11.3 of Real Decreto 1004/2015 sets a maximum of one year to decide and notify, counted from receipt by the competent Directorate-General. If no express decision is issued within that period, the application is deemed rejected by administrative silence. Applicable procedural suspensions can affect the calculation; the rule does not guarantee approval or completion within a year. Other nationality procedures, including pending Democratic Memory Law options, must be assessed under their own rules rather than this residence-route deadline.

The Civil Code’s acquisition formalities, Real Decreto 1004/2015 and Cervantes examination guidance provide the official basis for these distinctions.

Learn how to get your Spanish passport step by step.