Bill would grant Spanish nationality to Sahrawis born under Spanish rule

Automatic summary, not yet reviewed

1. The bill would grant Spanish nationality by carta de naturaleza (a special grant of nationality) to Sahrawi people born in Western Sahara before September 29, 1977, even if they do not legally reside in Spain. Their direct descendants could also opt for Spanish nationality, with a five-year window from the date their parent is registered in the Civil Registry.
2. Applicants could prove their status with several documents: a Spanish national ID card, the UN-authenticated voter census receipt for the Western Sahara referendum, birth certificates, or documents issued by the Spanish administration in the territory. Other documents considered together would also be accepted, such as school records, retirement pensions, or a Spanish driver's license.
3. Applications would be free and could be filed for three years after the law takes effect, extendable by one year. A decision must be issued within one year, and if there is no express response, the application is deemed denied by administrative silence. The grant would require swearing or promising loyalty to the King and obedience to the Constitution and the laws, within one year.
4. The bill would amend the Civil Code so that Sahrawis, meaning people born in Western Sahara before September 29, 1977, and their descendants, could apply for nationality by residence after only two years of legal residence in Spain, the same reduced period given to other groups with historic ties to Spain.

Who it affects

• Sahrawi people born in Western Sahara before September 29, 1977: Could apply for nationality by carta de naturaleza if they prove their status with the documents provided for.
• First-degree children of those who acquire nationality through this route: Would have five years, from their parent's registration in the Civil Registry, to opt for Spanish nationality.
• Sahrawis born before September 29, 1977, and their descendants: Could use the reduced two-year legal residence period to apply for nationality by residence.
• The Government and the Ministry in charge of Justice: Must set up a specific computer procedure within six months and issue the rules needed to apply the law.

Words worth knowing

Carta de naturaleza

An exceptional way of granting Spanish nationality, by royal decree, when special circumstances apply that do not need to be proven individually.

Silencio administrativo (administrative silence)

If the administration does not answer within the set period, the application is deemed denied.

Apostillado (apostille)

An official seal that validates a foreign document so it has legal effect in Spain.

Recurso potestativo de reposición (optional reconsideration appeal)

A request to the same administration to review and reverse a decision, before going to court.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries