Filipino Wanting Spanish Citizenship

[vkurkjian]

Hi Patricia,

My Mom is a Filipino who wants to move to Spain to get the Spanish Nationality. I understand the requirements of living there for 2 years.

My questions is that if she acquires her nationality after 2 years, can she transfer her nationality to her children (above 18) who are Filipinos, but not born in Spain nor of Spanish origin?

Kindly elaborate. Thank you in advance!

[Patricia]

Hello vkurkjian

As a Philippine citizen, your mother, as well as yourselves, can apply for the Spanish Nationality by residence after two years holding a residence status in Spain. Children under 18 years old would also be able to apply if they lived, holding a residence status, with their mother in Spain, regardless their place of birth. However, children over 18 cannot apply as if Nationality was acquired by your mother based on residency and not on origins or family ties, she cannot extend the right to her descendants, as she is not a Spanish national by origins.

I trust this information has been helpful.

Regards,

[raylopez_pozas]

My 3 eldest children got their Spanish citizenship thru the Law of Historical Memory. I was denied even if my birth certificate said i was Spanish(my father was born Spanish- given his passport in 1945 after World War 2, his father(born in the Philippines 1898) was Spanish-son of Spanish general named Jose Lopez-Pozas(stationed in the Philippines). He came back to the Philippines in 1918 thereabouts to work for Tabacalera Tabacco Company. He eventually married my grandmother Matilde Thomas and they had 2 children(my father and my aunt). My father put me down as Spanish in my birth certificate when i was born. The family applied for Spanish citizenship thru the Law of Historical Memory. My 3 eldest kids were given their citizenship but the youngest who was 16 at the time was not since she signed all her documents. The consular officer did not inform us that she was not of legal age and i completely did not realize that there would be a problem with her signing all her documents. The officer claimed she would figure it out with the consul but my daughter has not received any letter from the consulate that her application for citizenship under The Law on Historical Memory was denied. My daughter is now 18 years old and would like to get her Spanish citizenship. It was not my daughter's fault that the consular officer and i did not spot the problem. I think she should be entitled to her Spanish citizenship.

[raylopez_pozas]

Could i ask for your opinion Ms Patricia?

[Patricia]

Hello Ray,

The best course of action in your case is to send a letter to the Spanish consulate requesting the current status of your daughter´s Nationlaity application, as her brothers have already been granted it.
The consulate should have sent you a formal request to appear at their office accompanied by your daughter so you are informed about the rejection based on the fact that she were an under-aged at the time.

Apparently, and based in your story, they have failed to proceed that way gettig in touch in writing, so you can now inisist that they re-open the file, and as she is now of legal age, continue with it. Of course, only as long as she is still within the legal timeframes to do so.

I recommend you to discuss this matter by email, as more particulars are required to be able to offer advice.

Regards,

[Nico]

My wife is Spanish living in the Philippines. She was able to gain her citizenship because her grandfather was born in Spain. Anyway, our eldest daughter is planning to study in Spain for College. She is a spanish citizen aslo because of my wife. I know I have to live there for one year. does the one year living there mean I can not leave Spain for 365 days or does it mean I live in Spain, Pay taxes etc in Spain but I can leave the country as long as majority of my time in the year is in Spain. I currently work for a spanish company in The Philipines and they are willing to hire me in spain but I need to travel a lot and still oversee the Philippine operations from time to time. So I will not be qualified if I can not leave Spain for one year. Anyone can give advice? Thanks

[raylopez_pozas]

Hi Patricia,

Everything is ok now. Had a meeting at the consulate to fix things and my daughter will be filling up some documents to apply for issuance of a passport. It took some time because of the schedule off my daughter in the university. Thank you for your help.

Muchas Gracias,

Raymond Lopez-Pozas

[Vicente]

To Patricia,

Hope you could give me some answers. My mom (born in Philippines and grand-daughter of a Spanish born in Spain) was granted Spanish Citizenship through Law of Historical Memory. I understand that said law confers Spanish Citizenship "de Origen" thus I presume she is one. If she is Spanish de Origin, could she pass on to me Spanish Citizenship though I was already of age of majority when her name was registered in the Spanish Consulate in Manila?