Question
I was born in a non-Spanish country and obtained Mexican citizenship by naturalization, will I be able to able to apply Spanish citizenship after 2 years living in the country with non-lucrative or digital nomad visa?
Answers
These are the answers of some Facebook group members:
”Best to ask an immigration lawyer but as I understand it is by descent (after living 2 years) with Spanish ancestry not by nationality only”
”You’re thinking of a different process. You can acquire Spanish citizenship while in your own country if you have Spanish descent. Or you can acquire it while in Spain after two years of legal residence. But you need to be a legal resident in Spain already”
”Yes, you will. The Ministerio de Justicia currently interprets “country of origin” as the nationality present on your TIE at the time of application for nationality. Make sure not to be absent from Spain more than 2-3 months during that period. Source: two attorneys in Madrid”
”Some people confuse the term naturalization, so let’s make sure how you are using the term naturalization. Briefly describe how you acquired Mexican citizenship. Neither of your parents were Mexican? If you are truly a naturalized citizen (not born in Mexico, no Mexican parentage, or grandparents) you cannot use it to acquire Spanish citizenship”
”This is how I understood that rule too. I was born in the US but my parents are Dominican born so I was able to get my citizenship by descent (Jus Sanguinis) which will qualify for the two year path. If you acquired citizenship via marriage or residency that will not qualify”
”You can do it! I have seen too many people misuse the word naturalized, so it’s best to make sure we know how they are using it first”
”Like others said, best to talk to a lawyer, but from I understand it isn’t that simple/easy. During the two years you have to be more than just “there” in Spain to get citizenship. Like one example, you have to have a job in Spain (not as a digital nomad). There are more considerations.. so I’d say def talk to a lawyer to map out your way to citizenship, if any”
”People have differing opinions on this but as far as I know it is ‘natural born’ citizens meaning you need to have a birth certificate and not a naturalisation certificate, it would be nice for the authorities to be more clear regards the rules”
”I believe you can have just the passport of the country, as long as it was acquired by jus sanguinis (whatever rules that country follows, e.g., having a parent or grandparent from that country)”
”Yep, that’s my situation, I have Peruvian citizenship but was born in the UK to a Peruvian mother so when I was given my citizenship, they issued me with a Peruvian birth certificate”
”You should consult a lawyer. We would need to ask you questions to determine how you came about your Mexican citizenship. “Nacionalidad de origen” doesn’t exclusively, or even generally, mean that you were born there: it means that the country considers you a natural citizen. Naturalization –not to be confused with Spanish naturalización– does not give you original or birthright citizenship”
”There you go, folks. We have a lawyer saying you do NOT have to be born in the country and citing the actual law. Which says “nacionales de origen”—subject to interpretation. Origen could mean birth, ancestry, or merely “coming from.” So, unless Roberto or someone can cite a court case interpreting it, I’ll take his word as a lawyer for what it means, and not that of the many who just think it is so-and-so.(BOE.es does have “boletín” in the title, but it also has a search for decrees and laws and such.)”
In conclusion, according to Spainguru Facebook group members, there is some uncertainty and disagreement about the term “naturalization” for obtaining Spanish citizenship. Some suggest that it may be possible that, even if you acquired your latin american citizenship later in life, you are considered a latin american passport holder by birth if you acquired such citizenship through Jus Sanguinis. This way you could acquire the Spanish citizenship being a legal resident for two years, potentially under a Spanish Non lucrative visa or other visa/residence permits. Consulting with an immigration lawyer is recommended to get accurate information based on individual circumstances.
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