Spanish citizenship
Who is entitled:
Spanish children by origin:
Spanish nationality is transmitted by the right to blood (ius sanguinis). The most common nationality transmitted is that transmitted from father or mother to son or daughter. That is, the children of Spaniards will be Spanish. Spanish law differentiates Spaniards who were born in Spain from descendants of Spaniards who were born abroad. The children of Spaniards who were born in Spain have the right to obtain their original Spanish nationality or by option, while descendants of Spaniards who were born abroad, will only be entitled to Spanish nationality, if they are registered at the Spanish Consulate until they are 21 years old . In addition, Spanish legislation, with the aim of avoiding individuals without nationality (stateless persons), considers as Spanish of origin individuals who are born without nationality. Example: the children of Brazilians born in Spain, as long as they are not registered at the consulate as Brazilians, will have the right to their Spanish nationality of origin. It is the so-called Spanish nationality for simple presumption, that must be requested to Spain, by the representatives of the minor.
Born in Spain:
To prevent an individual from becoming stateless (without nationality), Spanish law guarantees the granting of Spanish nationality to individuals who are born in Spanish territory, whose parents are foreigners.
It is extremely important and advisable that Brazilians residing in Spain, first apply for Spanish nationality for their children born in Spain, through Simple Presunción, to later register them at the corresponding Brazilian Consulate. Otherwise, these children, even if born in Spain, will lose the right to Spanish nationality. Another important information is that this Spanish birth registration must be done while the children are under age (21 years old).
Spanish grandchildren:
Spanish grandchildren can only acquire Spanish nationality if they are minors. Provided that, from the age of 18 and up to the age of 21, they have declared their willingness to remain with Spanish nationality, under penalty of losing it. For the grandchildren of Spaniards over the age of 18, who have not declared their desire to remain with Spanish nationality until the age of 21, they will only have the right to apply for citizenship after one year of legal residence in Spain.
Brazilians residing in Spain:
Brazilians can acquire Spanish nationality by residence. They will need to reside legally for an uninterrupted period of at least 2 (two) years. This period will be reduced to 1 (one) year if the Brazilian is married to a Spanish person or a widower of a Spanish person.
They may apply for Spanish nationality after 1 year of residence in Spain, the children or grandchildren of Spanish nationals, those who did not choose Spanish nationality within the legal deadline and those who lost Spanish nationality for not having confirmed their willingness to remain with the same.
Note: Brazilians studying in Spain will not have the right to apply for Spanish nationality by residence.
Foreigners married to Spanish:
If the wedding took place before 5/2/1975, the foreigner is Spanish.
If the marriage took place after 5/2/1975, the foreigner will need to reside legally for 1 (one) year in Spain, to apply for Spanish nationality.
How to Acquire:
Necessary documents:
It will be necessary to prove the consanguineous ties between the foreign descendant and the Spanish, through the respective birth records of the descendant and the birth / baptism and marriage of the Spanish (s).
If you do not have Spanish and Brazilian certificates, Consultoria Sem Mistérios team will be able to assist you in this location and search for the respective documents in Spain and Brazil.
Before formalizing your citizenship application, at the Spanish consulate, you will need to be in possession of all documents required by Spain. There may be no inconsistencies between the documents submitted, documents that are not valid, documents not validated by the Foreign Ministry of Brazil, foreign certificates without proper sworn translation, etc ...
How much:
Consulate:
The various services associated with the Spanish citizenship process, performed exclusively by the Spanish consulate, are tabulated and must be paid to the respective consulate, when requesting the service. However, the total expenses per process may vary from applicant to applicant, according to the current and documentary situation of each one.
Example: If a Spanish couple, married in Brazil and legalized this marriage in Spain, the applicant descendant of this couple, will not have this expense that was already borne by their Spanish ancestor.
Consulting:
The Cidadania Sem Mistérios team provides its clients, at an affordable price, with quality advice on the necessary guidelines, search and rescue of documents abroad and in Brazil, which are required by the consulate, prior document analysis of the documents to be presented to the consulate, preventing them from "falling" into legal requirements and guidelines on European citizenship processes.
How long it takes:
Deadline:
The deadline for completing the process is variable. It will depend on several situations; of their financial availability to pay the consular fees, of the existence of all the required documents valid and in order, legalized and within the validity periods, term for the fulfillment of possible requirements, etc ...