Nationality by origin and descentArticle 7 of 8 · 4 min read
Closed and niche routes: Sephardic, option and possession of status
Explains that the Sephardic route to Spanish nationality is closed, and that the option and possession-of-status routes only suit a few people. Read it before spending time or money on one of these paths.
Key rules
- Sephardic route: It closed on 1 October 2019 and has not reopened, so new applications are not possible.
- Option: Only certain children, children of Spanish-born parents who were originally Spanish, and late-filiation or late-adoption cases qualify.
- Late cases: If your filiation or adoption is established after age 18, you can opt within two years.
- Possession of status: You need 10 years of continuous good-faith use under a registered title, and a declaration within 1 year.
Sephardic descendants: the route is closed
You can no longer apply for Spanish nationality as a Sephardic descendant. The route closed on 1 October 2019 and has not reopened. Do not pay anyone who offers to file a new claim.
Only people who applied before that date are still affected. If you filed in time and your claim was granted, you must appear before a notary in Spain to swear the oath. If your claim was refused, you can appeal through the administrative or court channels. The timeline below shows these steps.
Nationality by option: a narrow route
Option means acquiring nationality by a simple declaration. You do not need to have lived in Spain. It only works if you fit one of these cases:
- You are under the parental authority of a Spaniard.
- Your father or mother was originally Spanish and was born in Spain. There is no age limit and no deadline for this case.
- Your filiation or birth in Spain was established after age 18. You then have two years from that point.
- A Spaniard adopted you after age 18. You then have two years from the adoption.
If none of these fits you, option is not available. Look at other routes instead.
Who signs
- Under 14: your legal representative opts for you, with Registro Civil or court authorisation where required.
- Aged 14 to 17: you opt yourself, with your representative's help.
- 18 or over: you opt in person.
What you must do
You swear or promise loyalty to the King and obedience to the Constitution and laws. You also register the result in the Registro Civil. You must renounce your previous nationality, unless it is Ibero-American, Andorran, Filipino, Equatorial Guinean or Portuguese.
Possession of status: only for a defective title
This route is for people who have lived as Spanish for years on the strength of a title that turned out to be flawed. It is not a way in for anyone else. You need all three:
- You used Spanish nationality in good faith.
- That use rested on a title registered in the Registro Civil.
- You held the status continuously for 10 years.
Nationality then stands even if the title is later annulled. You must make the declaration within 1 year of the title's registration or of its annulment, whichever applies.
Before you spend time or money
Check whether you fit one of the cases above exactly. If you do not, stop and look at the main routes. If you do fit, ask the Registro Civil that holds your records what documents it needs.
Timeline and deadlines
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Sephardic route closed to new applications: Closed on 1 October 2019, after a one-year extension from 2018; it has not reopened
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Appear before a notary in Spain to swear the oath, if your Sephardic claim was granted: After the Ministry of Justice grants nationality
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Appeal a refused Sephardic claim: Through administrative or court channels, after a refusal
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Opt for nationality if your filiation or birth in Spain was established after age 18: Within two years of that establishment
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Opt for nationality if you were adopted by a Spaniard after age 18: Within two years of the adoption being constituted
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Make the possession-of-status declaration: Within 1 year of the title's registration or its annulment, whichever applies, after 10 years of continuous use
Frequently asked questions
Can I still apply for Spanish nationality as a Sephardic descendant?
No, the Sephardic descendant route closed to new applications on 1 October 2019 and has not reopened. Applications filed before that date kept being processed.
Do I have to give up my old nationality when I opt for Spanish nationality?
Yes, you must renounce your previous nationality when you opt, unless you are from an Ibero-American country, Andorra, the Philippines, Equatorial Guinea or Portugal.
What is nationality through possession of status?
It is a narrow route for people who have used Spanish nationality in good faith for 10 years without a break, based on a title registered in the Registro Civil that was later annulled.
Is there an age limit to opt through a Spanish-born parent who was originally Spanish?
No, there is no age limit and no deadline if your father or mother was originally Spanish and born in Spain. Those under 14 opt through a legal representative, those aged 14 to 18 opt themselves with their representative's help, and adults opt personally.
More in Nationality by origin and descent
- Claiming nationality through a Spanish parent or grandparent
- Descendants of exiles: who qualifies under the Democratic Memory law
- The Democratic Memory deadline has closed: what now?
- Proving your lineage: the document chain from ancestor to you
- Filing a descent claim at a consulate or in Spain
- Recovering Spanish nationality you lost or renounced
- First steps after being recognised as Spanish by descent
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