Discovering that your grandfather emigrated from Galicia to Argentina, that your grandmother left Catalonia for Morocco, or that your mother was born in Cuba to Spanish parents is more than a genealogical curiosity: it may be the key to Spanish nationality. But Spanish law offers two routes for descendants of Spaniards, and confusing them can turn a straightforward process into a dead end. This guide maps both routes precisely.
The decision tree: three routes to Spanish nationality
Before filing anything, the first question is not “do I have Spanish blood?” but rather “what was my Spanish ancestor’s legal status at the exact moment I was born?” The answer determines which article of the Civil Code applies.
| Ancestor’s situation | Applicable route | Residence required? |
|---|---|---|
| Father or mother was/is Spanish AT THE MOMENT OF YOUR BIRTH | Art. 17.1 CC: Spanish national by origin through filiation | No. You are already a Spanish national by origin. Only registration is needed. |
| Father or mother was originally Spanish AND WAS BORN IN SPAIN | Art. 20.1.b CC: option route | No. Only a declaration at the Civil Registry or consulate. |
| Father/mother or grandmother/grandfather was originally Spanish but was born OUTSIDE SPAIN, or the chain was broken | Art. 22.2.f CC: naturalisation with reduced residence period | Yes: 1 year of continuous legal residence in Spain. |
This decision tree is the backbone of the whole analysis. Most descendants of Spanish emigrants and exiles from the twentieth century fall into the third row: their ancestor was originally Spanish but was born or lived outside Spain. For them, article 22.2.f is the answer.
The 1-year route: article 22.2.f of the Civil Code in depth
Article 22.2 of the Civil Code provides that only 1 year of legal residence is required for a person “born outside Spain whose father, mother, grandfather or grandmother was originally Spanish.” Compared with the general 10-year rule, or even the 2 years for nationals of Ibero-American countries, this single year is a substantial advantage.
Who qualifies
Three conditions must all be met for article 22.2.f to apply:
- Born outside Spain. The applicant was not born on Spanish territory.
- At least one parent or grandparent was originally Spanish. The ancestor acquired Spanish nationality by origin, not through later naturalisation.
- Legal, continuous, immediately prior residence in Spain for 1 year. The year must run immediately before the application is submitted.
One important detail: the article covers not only the child of a Spaniard but also the grandchild. This distinguishes it from article 20.1.b, which only reaches the child (not the grandchild) of an originally Spanish parent born in Spain. For second-generation descendants whose Spanish ancestor is a grandparent, article 22.2.f is frequently the only viable path after the Grandchildren Law closed.
What “originally Spanish” means
“Originally Spanish” describes someone who acquired Spanish nationality by origin: by being born to a Spanish parent or by birth in Spain under certain conditions. It does not cover people who became naturalised Spanish as adults. Subsequent loss of the nationality (through pre-1978 marriage to a foreign national, or through adoption of another nationality) does not erase the “originally Spanish” character for the purposes of this article.
The 1-year residence in practice
For EU citizens, the year can begin once they register as EU residents in the municipal register. For non-EU nationals, legal residence requires first obtaining a valid residence permit (long-stay visa, work authorisation, family reunification, arraigo, etc.). Staying in Spain as a tourist, on a short-stay Schengen visa or in irregular status does not count.
The year must be continuous and immediately precede the application. Brief, occasional absences may be acceptable, but prolonged periods outside Spain during that year can lead the Administration to find the requirement unmet.
Documents to prove the Spanish ancestor
The burden of proof rests on the applicant. Key documents include:
- A literal birth certificate of the ancestor from the Spanish Civil Registry or a consulate, showing Spanish nationality.
- The ancestor’s Spanish national ID card or passport, if available.
- A Civil Registry extract showing the ancestor’s registration as a Spanish national by origin.
- If the ancestor lost Spanish nationality, documentation showing when and how that occurred (certificates from the Central Civil Registry in Madrid, where applicable).
Resolution timeline and negative silence
The procedure is filed at the Civil Registry of the applicant’s place of residence or at a consulate. The Ministry of Justice issues the decision. The indicative resolution period is around 12 months. Unlike most Spanish administrative procedures, silence in this procedure means denial (negative silence): if the Administration does not resolve within the statutory period, the applicant must file an appeal against the failure to decide.
The general requirements of article 22 of the Civil Code also apply: passing the DELE A2 Spanish language test and the CCSE (constitutional and socio-cultural knowledge examination), with exemptions for minors, persons with a recognised disability, and native Spanish speakers.
The common mistake: article 20.1.b and the “born in Spain” trap
Article 20.1.b offers an option route with no residence requirement, but it contains a condition that many people overlook: it requires the father or mother to be originally Spanish AND to have been BORN IN SPAIN. This condition excludes a significant number of descendants of Spanish emigrants and exiles.
Illustrative example (no real client, no guaranteed outcome): Lucas was born in Buenos Aires. His paternal grandfather was born in Asturias and emigrated to Argentina in the 1950s, dying with Spanish nationality. Lucas’s father was born in Buenos Aires. When Lucas consulted BMC, his first instinct was to use the article 20.1.b option: faster, with no need to live in Spain. However, article 20.1.b requires his father or mother to be originally Spanish AND born in Spain. His father was born in Buenos Aires, not in Spain. The option route is closed to him.
Article 22.2.f, by contrast, expressly covers someone whose “grandfather or grandmother was originally Spanish.” Lucas’s Asturian grandfather meets that condition. With 1 year of legal residence in Spain, Lucas can apply for nationality through this route.
The lesson is clear: when the Spanish ancestor was born outside Spain, whether in Argentina, Mexico, Cuba, Tunisia or anywhere else, article 20.1.b fails and article 22.2.f is the operative provision. The difference between the two routes does not depend on the strength of the connection to Spain but on the birthplace of the ancestor: a fact that appears on the birth certificate.
The Grandchildren Law: closed on 22 October 2025
Law 20/2022 (Additional Provision 8) opened a temporary window, originally 2 years and extended by 1 additional year by the Government, allowing grandchildren and other descendants of republican exiles to apply for Spanish nationality without residing in Spain. That window closed definitively on 22 October 2025. There is no official indication of a further reopening.
For those who submitted their application with an appointment or CSV code before the deadline, the file continues through the normal process. But there is no legal mechanism to “join” a relative’s file or benefit from a family member’s approved case. Each Spanish nationality application is assessed individually and independently.
For those who missed the Grandchildren Law, article 22.2.f of the Civil Code is the most direct remaining path: 1 year of legal residence in Spain compared with 10 years under the general rule. It requires actually living in Spain for that year, but in return it grants full Spanish nationality, with all the rights of an EU citizen.
How BMC assesses and handles these cases
Every case involving a descendant of a Spaniard is different. The analysis begins by reconstructing the nationality chain: what documentation exists concerning the ancestor, in which country they were born, when and how Spanish nationality was lost (if it was), and which article of the Civil Code applies.
BMC assesses whether the applicant’s situation fits article 17.1, article 20.1.b or article 22.2.f. In the last case, we advise on how to obtain or regularise legal residence in Spain first, so that the 1-year clock can begin. We also handle the collection of Civil Registry documentation, including certificates from the Central Civil Registry in Madrid and from consulates abroad.
Nationality is never guaranteed: the Administration assesses each application individually and may request additional documentation or issue a denial. Our work is to build the strongest possible file.
Request an assessment of your Spanish nationality case.
Legal framework
- Article 17.1 of the Civil Code: acquisition of Spanish nationality by origin through filiation.
- Article 20.1.b of the Civil Code: option route to Spanish nationality for applicants whose father or mother was originally Spanish and born in Spain.
- Article 22.2.f of the Civil Code: reduction of the residence period to 1 year for those born outside Spain whose father, mother, grandmother or grandfather was originally Spanish.
- Article 22.3 of the Civil Code: requirements of good civic conduct and sufficient degree of integration.
- Law 20/2022 of 19 October (Law of Democratic Memory), Additional Provision 8: temporary naturalisation window for descendants of exiles, closed on 22 October 2025.
- Royal Decree 1004/2015 of 6 November: governs the CCSE tests for the nationality-by-residence procedure.