The proposed law would allow eligible applicants to seek nationality without first establishing legal residence in Spain, potentially extending the right to their first-degree descendants as well.
The Congress of Deputies approved the bill on September 10 by 168 votes to 31, with 145 abstentions, and has now sent it to the Senate for further consideration. The measure was promoted by Sumar and would create a specific nationality route for Sahrawis born in the territory before September 29, 1977.
Who Could Qualify for Spanish Citizenship
The proposed legislation would treat the circumstances of Sahrawis born in Western Sahara before September 29, 1977 as sufficient grounds for acquiring Spanish nationality by carta de naturaleza, the discretionary naturalization procedure provided for under Spain’s Civil Code.
Crucially, applicants would not need to hold legal residence in Spain. The legislation would also make applications free of charge and require the authorities to issue a decision within one year.
The September 29, 1977 date corresponds to the end of a one-year period established after Spain's withdrawal from Western Sahara during which certain Sahrawis could opt for Spanish nationality. The new legislation is designed to extend access to those born before that deadline who were not able to use the earlier procedure.
The bill specifies several ways applicants could demonstrate that they meet the eligibility requirements. These include an expired Spanish identity document, a receipt confirming registration in the census prepared for the planned Western Sahara referendum and authenticated by the United Nations, a properly legalized or apostilled birth certificate, or documents issued by the former Spanish administration in Western Sahara.
Other records could also be considered when assessed together, including school certificates, pension records, Spanish driving licences and medical or hospitalization documents showing a qualifying birth in Western Sahara.
The legislation would also establish a route for the applicant’s first-degree descendants. Children of Sahrawis who acquire Spanish nationality under the new law would have five years, starting from the parent’s registration of nationality in the Civil Registry, to opt for Spanish citizenship. Grandchildren would not be covered by this particular provision.
The application period for the special nationality procedure would last three years from the law’s entry into force, with the possibility of a one-year extension. The legislation would take effect four months after publication in Spain’s Official State Gazette.
A Separate Two-Year Residence Route
The bill would make another permanent change to Spain’s nationality rules.
Article 22.1 of the Civil Code would be amended to place qualifying Sahrawis within the categories eligible for Spanish citizenship after two years of legal residence in Spain, rather than the standard ten-year period.
This would put them alongside nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, as well as Sephardic Jews, who are subject to reduced residence periods under Spanish nationality law. The parliamentary text expressly defines the relevant Sahrawi category by reference to people born in Western Sahara before September 29, 1977 and their descendants.
The two-year route would therefore remain available as a separate mechanism from the proposed carta de naturaleza procedure.
Part of Spain’s Broader Nationality Policy
The proposed Sahrawi legislation follows a series of measures that have expanded access to Spanish nationality for specific groups.
Law 12/2015 created a special procedure for descendants of Sephardic Jews expelled from Spain in the late 15th century. The 2022 Democratic Memory Law subsequently introduced nationality pathways for certain descendants of Spaniards affected by the Civil War and Franco-era exile, although the relevant application period closed in October 2025.
Spain has also experienced a substantial increase in nationality acquisitions in recent years. In 2025, 299,732 foreign residents acquired Spanish nationality, an 18.7% increase from the previous year and the highest figure recorded in the available series. Moroccan nationals represented the largest group, with 42,114 acquisitions, followed by Colombian nationals with 37,712 and Venezuelan nationals with 36,271.
The Sahrawi proposal would add another historically defined category to this broader framework of nationality legislation.
Political Debate and Relations With Morocco
The initiative was driven by Sumar, the junior partner in Pedro Sánchez’s governing coalition. The Socialist Party (PSOE) initially opposed the proposal before negotiations produced the version that reached the final vote.
The People’s Party (PP) abstained rather than supporting or opposing the bill. Its position has been that Sahrawis should be able to use the reduced two-year residence route instead of receiving nationality through carta de naturaleza. Vox voted against the measure.
Sumar deputy Tesh Sidi, who was born in the Tindouf refugee camps and is the first woman of Sahrawi origin to serve in the Spanish Congress, has been one of the bill’s most prominent parliamentary supporters. She presented the measure as a response to what she described as decades of unresolved legal and political status for the Sahrawi population.
The legislation has also exposed tensions between Spain’s nationality policy and its current position on Western Sahara. In 2022, Pedro Sánchez’s government publicly endorsed Morocco’s autonomy initiative as the basis it considered most serious, realistic and credible for resolving the Western Sahara dispute.
Morocco claims sovereignty over Western Sahara. The proposed Spanish citizenship legislation therefore has implications beyond nationality law, particularly given Madrid’s current diplomatic relationship with Rabat.
The European Citizenship Dimension
Spanish nationality also confers citizenship of the European Union. Individuals who acquire Spanish citizenship under the proposed legislation would consequently become EU citizens, with the rights attached to that status, including the ability to live and work elsewhere in the European Union subject to applicable EU rules.
Nationality remains a matter for individual EU member states, meaning Spain can legislate in this area without requiring approval from the other member states. At the same time, decisions on nationality can have consequences beyond Spain because the resulting EU citizenship carries rights throughout the Union.
The issue has therefore attracted attention in the context of Spain’s wider migration and foreign-policy disputes, particularly its relations with other EU governments following the recent migration crisis involving Ceuta.
The Senate Is the Next Step
The bill is now formally before the Spanish Senate. The chamber has 266 seats, although the current parliamentary composition is subject to the distribution of elected and appointed senators. The Senate’s official parliamentary record lists the Sahrawi nationality proposal as an active legislative initiative in the current legislature.
The Senate can amend the legislation or approve a veto. However, its ability to block the measure permanently is limited because the Congress of Deputies can override a Senate veto under Spain’s parliamentary procedure.
The legislation could also face legal challenges. The source text notes that litigation has already emerged around nationality acquired under the Democratic Memory Law, illustrating the possibility that disputes over nationality legislation may ultimately move beyond the parliamentary process.
For Sahrawis who meet the proposed historical eligibility criteria, the immediate issue is therefore whether the Senate will alter or block the bill. If the legislation ultimately enters into force in its current form, it would create a special citizenship route that does not require residence in Spain and would establish a separate two-year residence pathway for qualifying Sahrawis.
If you're planning to obtain a residence permit, invest in a foreign country, or purchase real estate abroad, I invite you to book an individual consultation with me.
During a personal online meeting, we'll discuss your situation in detail, answer your questions, and develop a clear, step-by-step action plan tailored to your goals.
The Congress of Deputies approved the bill on September 10 by 168 votes to 31, with 145 abstentions, and has now sent it to the Senate for further consideration. The measure was promoted by Sumar and would create a specific nationality route for Sahrawis born in the territory before September 29, 1977.
Who Could Qualify for Spanish Citizenship
The proposed legislation would treat the circumstances of Sahrawis born in Western Sahara before September 29, 1977 as sufficient grounds for acquiring Spanish nationality by carta de naturaleza, the discretionary naturalization procedure provided for under Spain’s Civil Code.
Crucially, applicants would not need to hold legal residence in Spain. The legislation would also make applications free of charge and require the authorities to issue a decision within one year.
The September 29, 1977 date corresponds to the end of a one-year period established after Spain's withdrawal from Western Sahara during which certain Sahrawis could opt for Spanish nationality. The new legislation is designed to extend access to those born before that deadline who were not able to use the earlier procedure.
The bill specifies several ways applicants could demonstrate that they meet the eligibility requirements. These include an expired Spanish identity document, a receipt confirming registration in the census prepared for the planned Western Sahara referendum and authenticated by the United Nations, a properly legalized or apostilled birth certificate, or documents issued by the former Spanish administration in Western Sahara.
Other records could also be considered when assessed together, including school certificates, pension records, Spanish driving licences and medical or hospitalization documents showing a qualifying birth in Western Sahara.
The legislation would also establish a route for the applicant’s first-degree descendants. Children of Sahrawis who acquire Spanish nationality under the new law would have five years, starting from the parent’s registration of nationality in the Civil Registry, to opt for Spanish citizenship. Grandchildren would not be covered by this particular provision.
The application period for the special nationality procedure would last three years from the law’s entry into force, with the possibility of a one-year extension. The legislation would take effect four months after publication in Spain’s Official State Gazette.
A Separate Two-Year Residence Route
The bill would make another permanent change to Spain’s nationality rules.
Article 22.1 of the Civil Code would be amended to place qualifying Sahrawis within the categories eligible for Spanish citizenship after two years of legal residence in Spain, rather than the standard ten-year period.
This would put them alongside nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, as well as Sephardic Jews, who are subject to reduced residence periods under Spanish nationality law. The parliamentary text expressly defines the relevant Sahrawi category by reference to people born in Western Sahara before September 29, 1977 and their descendants.
The two-year route would therefore remain available as a separate mechanism from the proposed carta de naturaleza procedure.
Part of Spain’s Broader Nationality Policy
The proposed Sahrawi legislation follows a series of measures that have expanded access to Spanish nationality for specific groups.
Law 12/2015 created a special procedure for descendants of Sephardic Jews expelled from Spain in the late 15th century. The 2022 Democratic Memory Law subsequently introduced nationality pathways for certain descendants of Spaniards affected by the Civil War and Franco-era exile, although the relevant application period closed in October 2025.
Spain has also experienced a substantial increase in nationality acquisitions in recent years. In 2025, 299,732 foreign residents acquired Spanish nationality, an 18.7% increase from the previous year and the highest figure recorded in the available series. Moroccan nationals represented the largest group, with 42,114 acquisitions, followed by Colombian nationals with 37,712 and Venezuelan nationals with 36,271.
The Sahrawi proposal would add another historically defined category to this broader framework of nationality legislation.
Political Debate and Relations With Morocco
The initiative was driven by Sumar, the junior partner in Pedro Sánchez’s governing coalition. The Socialist Party (PSOE) initially opposed the proposal before negotiations produced the version that reached the final vote.
The People’s Party (PP) abstained rather than supporting or opposing the bill. Its position has been that Sahrawis should be able to use the reduced two-year residence route instead of receiving nationality through carta de naturaleza. Vox voted against the measure.
Sumar deputy Tesh Sidi, who was born in the Tindouf refugee camps and is the first woman of Sahrawi origin to serve in the Spanish Congress, has been one of the bill’s most prominent parliamentary supporters. She presented the measure as a response to what she described as decades of unresolved legal and political status for the Sahrawi population.
The legislation has also exposed tensions between Spain’s nationality policy and its current position on Western Sahara. In 2022, Pedro Sánchez’s government publicly endorsed Morocco’s autonomy initiative as the basis it considered most serious, realistic and credible for resolving the Western Sahara dispute.
Morocco claims sovereignty over Western Sahara. The proposed Spanish citizenship legislation therefore has implications beyond nationality law, particularly given Madrid’s current diplomatic relationship with Rabat.
The European Citizenship Dimension
Spanish nationality also confers citizenship of the European Union. Individuals who acquire Spanish citizenship under the proposed legislation would consequently become EU citizens, with the rights attached to that status, including the ability to live and work elsewhere in the European Union subject to applicable EU rules.
Nationality remains a matter for individual EU member states, meaning Spain can legislate in this area without requiring approval from the other member states. At the same time, decisions on nationality can have consequences beyond Spain because the resulting EU citizenship carries rights throughout the Union.
The issue has therefore attracted attention in the context of Spain’s wider migration and foreign-policy disputes, particularly its relations with other EU governments following the recent migration crisis involving Ceuta.
The Senate Is the Next Step
The bill is now formally before the Spanish Senate. The chamber has 266 seats, although the current parliamentary composition is subject to the distribution of elected and appointed senators. The Senate’s official parliamentary record lists the Sahrawi nationality proposal as an active legislative initiative in the current legislature.
The Senate can amend the legislation or approve a veto. However, its ability to block the measure permanently is limited because the Congress of Deputies can override a Senate veto under Spain’s parliamentary procedure.
The legislation could also face legal challenges. The source text notes that litigation has already emerged around nationality acquired under the Democratic Memory Law, illustrating the possibility that disputes over nationality legislation may ultimately move beyond the parliamentary process.
For Sahrawis who meet the proposed historical eligibility criteria, the immediate issue is therefore whether the Senate will alter or block the bill. If the legislation ultimately enters into force in its current form, it would create a special citizenship route that does not require residence in Spain and would establish a separate two-year residence pathway for qualifying Sahrawis.
If you're planning to obtain a residence permit, invest in a foreign country, or purchase real estate abroad, I invite you to book an individual consultation with me.
During a personal online meeting, we'll discuss your situation in detail, answer your questions, and develop a clear, step-by-step action plan tailored to your goals.