Filing a descent claim at a consulate or in Spain

Key rules

• Fees: No fee is charged for origin or option declarations, but certificate copies, translations and apostilles cost money.
• Where you file: Consulate if you live abroad; Registro Civil if you live legally in Spain.
• Silence: If there is no decision after the legal deadline of generally one year, treat it as a refusal.
• Waits: Consular appointment waits vary widely, from short at small consulates to over a year at large ones.

Appointment waits, decision times and online filing options change often, so confirm them with your consulate or the Ministry of Justice before acting.

Where you file depends on where you live

Your place of residence decides the channel. You do not get a free choice.

• You live abroad: file at the Spanish consulate that covers the place where you live.
• You live legally in Spain: file at the Registro Civil for your home area. Registro Civil offices are now generally called Oficinas del Registro Civil.

If you live abroad, filing in Spain is not the normal route. A short trip to Spain does not make you a resident there.

Check the route before you book

Which office is competent depends on your route. A claim "by origin" and a claim "by option" can go to different registries. If you are claiming by option, a resident in Spain may be sent to the Registro Civil Central or to a specific local registry. Recovering nationality is declared at the Registro Civil of your home town, or at the consulate if you are abroad.

The special window that let people file in Spain under the Memory Law is closed. Do not plan around it.

Ask the office which registry handles your case before you gather documents. The checklist below has the questions to ask.

What it costs

No fee is charged for the declaration. You still pay for the things around it: certificate copies, translations and apostilles. Budget for these, because they add up when you have several ancestors' records.

How long it takes

Getting an appointment. This is often the longest wait for people abroad. At large consulates in Latin America, such as Buenos Aires, Havana and Mexico City, waits have run from months to over a year. Smaller consulates can be much faster. Many consulates use online booking systems or lists, and these open and close as demand changes. Ask your consulate how it books and how long the wait is now.

Getting a decision. The legal deadline is generally one year from filing. If you hear nothing by then, it counts as a refusal. In practice, decisions have often taken longer than a year. Ask the Ministry of Justice or your consulate for the current decision time before you plan around it.

How to choose

1. If you live abroad, use your consulate. Check its wait first, and then book.
2. If you live legally in Spain, use your local Registro Civil. You avoid the consular queue, but confirm the right registry for your route.
3. Ask whether your office accepts electronic filing. Some do in some cases.

Procedures and online channels are being reorganised, so confirm the current process with the office itself. The timeline below shows the steps after you book.

Timeline and deadlines

• Book your filing appointment at the consulate where you live, or at your local Registro Civil if you live in Spain: before you start; consular waits range from a few weeks to over a year

• Attend your appointment, hand in your application and documents, and take part in an interview if asked: on the day of your appointment

• Wait for the decision on your file: the legal deadline is generally one year from filing; in practice it can take longer

• If you hear nothing after the deadline, treat it as a refusal and ask the Ministry of Justice or your consulate what to do next: after one year from filing

Checklist

• Work out where you live: the consulate for your area handles your claim if you are abroad, and the Registro Civil of your home town if you live legally in Spain.

• Ask the office which registry has jurisdiction for your route, especially if you are claiming by option.

• Budget for certificate copies, translations and apostilles, since the declaration itself has no fee.

Frequently asked questions

Can I file at the Registro Civil in Spain instead of a consulate?

Yes, if you live legally in Spain, you can file at the Registro Civil of your place of residence. Consulates are for people who live abroad, and they handle your file through the consulate where you live. For some option routes, the Registro Civil Central or another competent registry may take the file, so confirm which one has jurisdiction.

How long is the wait for a consular appointment?

Waits for a consular appointment range from a few weeks at small consulates to months or over a year at large ones.

How long does a decision take once my claim is filed?

The legal deadline for a decision is generally one year from filing, and silence after that counts as a refusal. In practice, many claims have taken well over a year because of backlogs.