The Spanish Congress of Deputies continues to make progress with the parliamentary procedure for the Bill on the granting of Spanish nationality to Sahrawis born under Spanish administration.
On 7 August 2026, the Justice Committee Report was published in the Official Gazette of the Spanish Parliament (Boletín Oficial de las Cortes Generales), setting out the text that will continue through the parliamentary process. The proposal introduces significant changes regarding Spanish nationality, both for Sahrawis born in Western Sahara during the period of Spanish administration and for their descendants.
It is important to note that the legislation has not yet been definitively approved and is not currently in force. The measures explained below are based on the text currently undergoing parliamentary proceedings.
⏺️ Spanish nationality by carta de naturaleza
The main measure proposed is the possibility of acquiring Spanish nationality by carta de naturaleza for Sahrawis born in the territory of Western Sahara before 29 September 1977.
The Bill establishes that the exceptional circumstances required under Article 21.1 of the Spanish Civil Code to access this route would be deemed to exist, even where the applicant does not have legal residence in Spain.
Therefore, if the legislation is ultimately approved in its current form, applicants would not need to demonstrate any previous period of legal residence in Spain in order to access this procedure.
⏺️ How could Sahrawi status be evidenced?
The Bill provides for several documents that may be used to prove birth in Western Sahara during the relevant period.
These include:
- A Spanish National Identity Document (DNI), even if no longer valid.
- Proof of registration in the census for the Western Sahara Referendum, authenticated by the United Nations.
- A duly apostilled or legalised birth certificate.
- Birth certificates, family registers (libros de familia) or documents relating to public employees issued by the Spanish Administration in Western Sahara.
⏺️ Spanish nationality for children
The proposal also provides for a specific route for first-degree descendants.
Children of Sahrawis who acquire Spanish nationality through this procedure would have a period of five years from the registration of the acquisition of Spanish nationality by either of their parents to opt for Spanish nationality.
⏺️ Procedure and deadline for submitting applications
According to the text currently undergoing parliamentary proceedings, applications for Spanish nationality through this route would not be subject to any administrative fee and could be submitted during the three years following the entry into force of the future law.
This period could be extended for an additional year by a decision of the Ministry responsible for Justice.
Applications would be addressed to the Directorate-General for Legal Certainty and Public Trust (Dirección General de Seguridad Jurídica y Fe Pública) and could be submitted through the channels established under Law 39/2015, as well as through a specific application form to be made available on the Ministry’s electronic platform.
In addition to the documents proving the applicant’s Sahrawi status, criminal record certificates would need to be provided from the countries in which the applicant has resided during the previous five years or, where applicable, evidence demonstrating that it is impossible to obtain them.
The proposed processing period would be one year. If no express decision is issued within this period, the application would be deemed rejected by administrative silence.
⏺️ Two years of residence to apply for Spanish nationality
Another of the most significant changes proposed concerns Spanish nationality by residence.
The Bill proposes an amendment to Article 22.1 of the Spanish Civil Code to include Sahrawis among those eligible to apply for Spanish nationality after two years of legal residence in Spain.
If this amendment is approved, Sahrawis would benefit from the same reduced residence period currently applicable to nationals by origin of Latin American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, as well as Sephardic Jews.
This amendment would be particularly relevant for Sahrawis who are already legally residing in Spain.
⏺️ What happens to Spanish nationality applications already in progress?
The Bill also specifically addresses the situation of individuals who meet the requirements of the future law and have already applied for Spanish nationality through one of the routes established under the Spanish Civil Code but have not yet received a decision.
These applicants would be able to expressly request that their pending application continue to be processed under the new procedure established for Sahrawis.
⏺️ The reform is not yet in force
Although the publication of the Justice Committee Report represents a significant step forward in the parliamentary process, the Bill must still complete the legislative procedure before becoming law.
Therefore, it is not currently possible to submit an application for Spanish nationality under this new procedure.
At ARC Legal Abogados, we will continue to monitor the parliamentary procedure and update this information as further developments occur, particularly if the legislation is definitively approved and published in the Spanish Official State Gazette (BOE).
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- Spanish Nationality by Carta de Naturaleza | 2026 Guide
¿Prefieres leer este artículo en español 🇪🇸? Puedes encontrarlo aquí. La nacionalidad española para los saharauis avanza en su tramitación parlamentaria
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration and nationality regulations are subject to ongoing legislative, administrative and interpretative changes. At ARC Legal, we make every effort to ensure that the information we publish is up to date and verified against official sources. However, we always recommend seeking advice from a specialised professional before starting any procedure or making legal decisions. If you require personalised advice regarding your circumstances, you can contact our law firm.