Mexico/Spain: Whether a Mexican citizen born in Mexico is entitled to Spanish citizenship if her or his grandmother is a Spanish citizen; whether this is a right with only procedural constraints or whether it is a discretionary matter; whether the individual, if entitled to Spanish citizenship, can sponsor her or his spouse and children who are also Mexican (July 2006)
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board of Canada, Ottawa|
|Publication Date||12 July 2006|
|Citation / Document Symbol||ZZZ101526.E|
|Cite as||Immigration and Refugee Board of Canada, Mexico/Spain: Whether a Mexican citizen born in Mexico is entitled to Spanish citizenship if her or his grandmother is a Spanish citizen; whether this is a right with only procedural constraints or whether it is a discretionary matter; whether the individual, if entitled to Spanish citizenship, can sponsor her or his spouse and children who are also Mexican (July 2006), 12 July 2006, ZZZ101526.E, available at: http://www.refworld.org/docid/45f147d67.html [accessed 23 May 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
A counsellor at the Embassy of Spain in Canada explained that having a grandmother who is a Spanish citizen does not entitle a foreign-born person to Spanish citizenship (21 June 2006). However, if the grandmother is a Spaniard and born in Spain, her children can obtain Spanish citizenship at any time, and if they do, her grandchildren are also eligible for Spanish citizenship up until the age of 20 (Spain 21 June 2006). The counsellor added that the right to obtain Spanish citizenship is not a discretionary matter (ibid.). The counsellor also noted that residency in Spain is automatically granted to the spouse and children of a Spanish citizen without an obligation to guarantee their support (ibid). The spouse of a Spanish citizen is permitted to reside in Spain as long as they remain married (ibid.). After one year of living together in Spain, the spouse of a Spanish citizen could apply for citizenship (ibid.).
According to the Website of Spain's Ministry of Justice (Ministerio de Justicia), the following individuals are Spanish citizens:
1. Those born to a Spanish father or mother.
2. Those born in Spain, when their parents are foreigners, if one of the parents was also born in Spain (except in the case of the children of diplomats).
3. Those born in Spain to foreign parents neither of [whom] has any citizenship (stateless) or if the legislation of [the] parents' country of origin does not grant any citizenship to the child.
4. Those born in Spain when their parents are unknown. Minors whose first known place of residence is Spain are presumed to have been born in Spain (n.d.).
The Ministry of Justice Website also indicates that Spanish citizenship may be acquired through residence (Spain n.d.). For persons born abroad whose father, mother, grandfather or grandmother was originally a Spanish citizen, the required period of residence is one year (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Spain. 21 June 2006. Embassy of Spain in Canada, Ottawa. Correspondence from a counsellor.
_____. N.d. Ministerio de Justicia. "Personal formalities: Nationality – Obtaining Spanish Citizenship."