Didn’t you have enough with Law in Spanish that now they introduce Latin terms to us? Does Administrative Law resist you? Do you need to understand birth rights for your next exam?
Regardless of the reason why you come to this article, in it we are going to explain to you the different ways that exist when acquiring a certain nationality, Spanish, among other ways. Specifically, we are going to compare and differentiate between ius sanguinis and ius soli, similar terms, but not the same.
What is ius sanguinis? And the ius soli?
First of all, we must analyze the etymology (the origin) of both expressions. We must understand that these expressions are vulgar Latin phrases (Latinajos) that go back to Roman Law.
The expression ius sanguinis means right of blood, that is, it was the nationality of the parents that conferred Roman citizenship (at that time) instead of the place of birth.
The expression ius soli means right of land, that is, the place of birth determines the nationality of the child.
Therefore, by understanding its origin, we can know what each one refers to. The person who is the child of those who have the nationality of a specific place will be the beneficiary of the ius sanguinis, and the person who was born in the territory of a specific State will be the beneficiary of the ius soli.
In the case of Spain, according to current legislation, it is not necessary to be born in Spain to be considered Spanish; the transmission of nationality through ius sanguinis is sufficient, that is, those born to a Spanish father or mother will be originally Spanish, regardless of whether they have born or not in Spain. Therefore, the ius sanguinis is the main way to acquire Spanish nationality and the ius soli is a secondary way.
Those people who were born abroad must demonstrate (through a series of documents accrediting the exile of the relative in question) that the father or mother, grandmother or grandfather (who emigrated at the time) were Spanish at the time. After the child is born, this means that he or she has not lost or renounced his or her Spanish nationality for that of the country to which he or she emigrated.
Let’s look at it with a couple of practical examples that illustrate this matter:
Practical Example 1
Let’s take the case of Nieves and Fabián, a couple of Spanish citizens (both from Murcia) who decide to temporarily settle in the United States for professional reasons (both are civil engineers). During their stay, Marta gives birth to her son, David (you can read it with English or Spanish intonation, you won’t be the only one).
Now, let’s explore how the nationality laws, ius sanguinis and ius soli, apply to this specific situation.
Ius Sanguinis (Blood Law):
Nieves and Fabián, both being lifelong Murcians and, therefore, Spanish citizens, transmit their citizenship to David by ius sanguinis or right of blood. In this context, nationality is inherited through ancestry (the parents; Nieves and Fabián), regardless of the place of birth. David, upon being born to Spanish parents, automatically acquires Spanish citizenship (see our super article on parentage in Spain).
Ius Soli (Land Law):
Although David’s ancestry grants him Spanish citizenship, his birthplace on American soil also plays a crucial role in the little boy’s acquisition of nationality. Under the principle of ius soli, upon birth in the United States, David automatically becomes a U.S. citizen.
Practical Consequences:
Following current laws, David is in a unique position: he has dual citizenship, both Spanish and American. We must keep in mind that his Spanish citizenship comes from his parents (ius sanguinis), while his American citizenship derives from the place of his birth (ius soli).
This practical example shows the legal complexity in this matter of Immigration Law. Especially when applied in international contexts, and highlights how an individual can be a beneficiary of both ius sanguinis and ius soli, resulting in the duality of citizenship, depending on the norms of the States in which this connection of citizenship is established. nationality.
Regulation of ius sanguinis and ius soli
On the one hand, the regulation of ius sanguinis is found in article 17.1.a) of our beloved Civil Code:
“They are Spanish by origin:
a) Those born to a Spanish father or mother.”
In turn, in the Spanish Constitution, article 11.1 mentions this figure: “Spanish nationality is acquired, preserved and lost in accordance with what is established by law.”
For its part, the ius soli finds its regulation in section b) of the same article 17.1 of the Civil Code, in addition to the previous mention of the Constitution being applicable to this figure:
“1. They are Spanish of origin:
b) Those born in Spain to foreign parents if, at least, one of them had also been born in Spain. “Exceptions are children of diplomatic or consular officials accredited in Spain.”
Different ways to acquire Spanish nationality
Following what has been said up to this point, we are clear that both the ius sanguinis and the ius soli are different ways to acquire a specific nationality, in this case, Spanish.
However, they are not the only ways to achieve this objective, there are also other ways specified in article 17.1 of the Civil Code that we previously mentioned, these being the last two sections of it.
Some of these ways would be to obtain nationality for those people born to parents who are foreigners, if both parents lack nationality or if the legislation of neither of them attributes a nationality to their child (section c) or if the parentage of the child is not is determined, and those minors whose first place of stay was in Spanish territory itself are presumed to have been born in Spanish territory (section d).
In addition to these ways that belong to the method of acquiring Nationality by Origin, there are other ways to acquire Spanish nationality; nationality by Charter of nature, nationality by Residence, Nationality by State possession and Nationality by Option.
Let’s give a practical example of these different types of ways that differ from ius sanguinis and ius soli:
Let’s now imagine the following situation: Mireya and Jonathan have not yet obtained Spanish nationality, but they want Daniel to acquire it at some point. Considering the different options available to them, this is where the rest of the avenues mentioned in article 17.1 of the Civil Code come into play.
Mireya and Jonathan, both being foreigners and both lacking nationality (from the name it is clear that we can intuit that they are probably Swedish), could apply for Spanish nationality for Daniel, this would also be the case if neither of them’s legislation attributes their son a nationality (let’s imagine that they are from a remote and totally third world place; politically and legislatively speaking).
In the event that Daniel’s parentage is not determined or is unknown, he is presumed to have been born in Spanish territory. For example, if Daniel is adopted and his origin is not known, he could also acquire Spanish nationality.
Daniel, taking into account that he is a minor, would have the possibility of acquiring Spanish nationality if his first place of stay is in Spanish territory, even if his parents are foreigners.
With this practical example, we observe how, through various situations and family circumstances, an individual, Daniel, in this case, can acquire Spanish nationality following different routes established in the Civil Code, beyond the ius sanguinis and the ius soli that we have mentioned as the main ways (the ius sanguinis prevailing in Spain).
Conclusion
First of all, I would like to congratulate you for getting this far. In this article, we have learned about some of the existing ways to acquire Spanish nationality, although they are not the only ones.
We have explored the different existing ways to acquire Spanish nationality, focusing on the figure of the ius sanguinis (right of blood) and the ius soli (right of land). Furthermore, we have seen with practical examples that the acquisition of nationality is a complex and diverse process, which presents options that go beyond ius sanguinis or ius soli, and may involve specific circumstances of each case, depending on the legislation found. current in the matter.