Spanish nationality by simple presumption
CONTINUE DOWNSpanish nationality by simple presumption is a subject that can be confusing for many people. It is a modality of acquisition of Spanish nationality that occurs in certain specific cases in which a person is presumed to be Spanish without the need for him or her to have acquired the nationality explicitly.
Spanish nationality by simple presumption applies in two specific cases: birth in Spanish territory and adoption by a Spanish citizen.
In the first case, if a person is born in Spanish territory and does not acquire any other nationality, he or she is presumed to be Spanish from birth. This is known as the original Spanish nationality.
In the second case, if a minor is adopted by a Spanish citizen, it is presumed that the minor automatically acquires Spanish nationality. However, it is important to note that this presumption may be rebutted if it is proven that the minor possessed another nationality at the time of the adoption.
It is important to note that, in both cases, certain requirements must be met and certain procedures must be followed in order for Spanish nationality to be granted by simple presumption. For example, in the case of adoption, it is necessary to follow the corresponding legal procedures and to request the registration of the minor in the Civil Registry.
Can I apply for Spanish Nationality by simple presumption?
In order to apply for Spanish nationality by simple presumption, the parents must have the following nationalities: Argentina, Bolivia, Brazil, Cape Verde, Colombia, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe and Uruguay.
It may be the case that both parents have the same nationality and if this is not the case, the children of parents who combine the nationalities mentioned above will also have the right to apply for Spanish nationality by presumption.
There are some special cases, such as in Ecuador, where value is granted to those born before October 20, 2008. In the case of Morocco, Spanish nationality by simple presumption is only granted if the mother is Moroccan and the father has one of the aforementioned nationalities. In the case of Palestinians, the law varies greatly depending on several factors, such as the type of marriage and the law of the country of the non-Palestinian spouse, the host country, the status they have, among others.
If you are interested in learning more about this topic or need legal advice to apply for Spanish nationality by simple presumption, contact us to receive advice from an expert lawyer in foreigners.