Spain has taken a significant step toward creating a new pathway to Spanish nationality for Sahrawis born in Western Sahara while the territory was under Spanish administration.
On 10 September 2026, the Spanish Congress of Deputies approved a proposal that would allow certain Sahrawis born under Spanish administration to obtain Spanish nationality by carta de naturaleza, or naturalization by royal decree. The proposal has now been sent to the Senate, meaning that it has not yet completed the legislative process or entered into force. The proposal was approved by 168 votes in favor, 31 against and 145 abstentions. (Congreso de los Diputados)
If ultimately approved, the measure could affect thousands of Sahrawis and their families while addressing a nationality question that has remained unresolved for decades.
Reviewed By
Marfour International Law Firm – Immigration Department
Content reviewed by our legal team based on the legislative proposal approved by the Congress of Deputies in September 2026 and the applicable Spanish nationality regulations.
Maryem Essadik
CEO, Marfour International Law Firm
Why Is Spain Considering This Measure?
Western Sahara was administered by Spain until the 1970s. During this period, many Sahrawis were registered by the Spanish authorities and held documentation issued by the Spanish administration, including Spanish identity documents.
However, Spain’s withdrawal from Western Sahara did not result in the automatic recognition of Spanish nationality for the Sahrawi population.
Royal Decree 2258/1976 created a mechanism through which certain people originally from the territory could opt for Spanish nationality, subject to specific requirements. Nevertheless, not everyone who had links with the Spanish administration was able to use this procedure.
The legal status of people born in the former Spanish Sahara was later addressed by the Spanish Supreme Court. In 2020, the Court concluded that birth in Western Sahara while it was administered by Spain did not, by itself, establish Spanish nationality of origin.
The new legislative proposal seeks to provide a specific solution for people affected by this historical situation.
Who Could Qualify for Spanish Nationality?
Under the text approved by the Congress of Deputies, exceptional circumstances would be recognized for Sahrawis born in Western Sahara before 29 September 1977, while the territory was under Spanish administration.
Importantly, applicants would not necessarily need to be legally resident in Spain to fall within this pathway. (Congreso de los Diputados)
The proposal establishes several forms of evidence that could be used to demonstrate eligibility. One of the most significant is an old Spanish Documento Nacional de Identidad (DNI), even when it is no longer valid, provided that the applicant’s identity can be verified by the Spanish authorities.
Other forms of evidence contemplated by the current text include records connected to the referendum census, birth certificates, family books, documentation issued to Spanish public employees in Western Sahara and, when assessed together, certain school, pension, driving, hospital or other Spanish administrative records. (Congreso de los Diputados)
This is particularly important because documentation from this period may be decades old, incomplete, or held across different archives.
What About the Descendants of Sahrawis?
The proposal is also relevant to descendants.
Rather than limiting the measure exclusively to individuals who were themselves born under Spanish administration, the text currently approved by Congress would also create a pathway for their first-degree descendants.
Under the proposal, first-degree descendants of Sahrawis who acquire Spanish nationality through this procedure would have five years to opt for Spanish nationality, counted from the registration of their parent’s acquisition of Spanish nationality in the Civil Registry. (Congreso de los Diputados)
This could significantly expand the practical impact of the measure beyond the generation that was itself born in Western Sahara before 29 September 1977.
The final eligibility requirements and application procedures will therefore be particularly important for families with Sahrawi ancestry if the proposal becomes law.
What Would Spanish Nationality Mean for Successful Applicants?
Obtaining Spanish nationality would have consequences extending well beyond the right to hold a Spanish passport.
Spanish citizens are also citizens of the European Union. As a result, successful applicants would generally gain rights connected to EU citizenship, including the ability to live and work in Spain and rights of free movement within the European Union subject to applicable EU rules.
For Sahrawi families with longstanding historical and administrative connections to Spain, the measure could therefore restore a legal relationship with Spain that was interrupted following decolonization.
However, nationality should not be confused with Spain’s position regarding the territorial status of Western Sahara.
Granting Spanish nationality to qualifying individuals would concern their individual legal status. It would not, by itself, amount to recognition of Spanish sovereignty over Western Sahara or determine the future political status of the territory.
How Would Applicants Prove Their Eligibility?
Another significant part of the proposal concerns ordinary nationality-by-residence rules.
The text approved by Congress proposes modifying Article 22 of the Spanish Civil Code so that Sahrawis would be included among the groups eligible to apply for Spanish nationality after two years of legal residence in Spain, rather than the general ten-year residence requirement.
For the purposes of this proposal, the current text refers to Sahrawis as people born in Western Sahara before 29 September 1977 and their descendants.
Currently, the reduced two-year period applies to certain nationalities and groups with recognized historical or cultural connections to Spain.
Spain has created special nationality routes in the past for groups with historical links to the country. This includes the 2015 law for Sephardic Jews of Spanish origin and the Democratic Memory Law, commonly known as the Grandchildren Law, which opened a route to nationality for certain descendants of Spaniards.
The proposed reform for Sahrawis would follow a similar approach in recognizing a specific historical connection with Spain, although the legal requirements and procedures would be different.
If the reform enters into force in its current form, it could therefore create an additional route to Spanish nationality for qualifying Sahrawis and their descendants who are legally resident in Spain, separate from the extraordinary pathway for those born under Spanish administration.
A Specific Procedure Could Be Created
The proposal also anticipates the administrative work that could result from a large number of nationality applications.
Under the text currently approved by Congress, eligible applicants would have three years from the law’s entry into force to submit their application. This period could be extended by an additional year by resolution of the ministry responsible for justice.
The Spanish Government would also have up to six months following publication of the law in the Official State Gazette (Boletín Oficial del Estado) to implement a specific procedure within the existing digital system for processing these nationality applications.
This is intended to facilitate and accelerate applications from Sahrawis covered by legislation.
The measure could nevertheless create a substantial administrative task for Spanish authorities. Historical documents may need to be verified across different archives, while consulates and Civil Registry offices could face a significant number of applications.
Could the Reform Also Affect Nationality by Residence?
Another significant part of the proposal concerns ordinary nationality-by-residence rules.
The text approved by Congress proposes modifying Article 22 of the Spanish Civil Code so that Sahrawis would be included among the groups eligible to apply for Spanish nationality after two years of legal residence in Spain, rather than the general ten-year residence requirement.
For the purposes of this proposal, the current text refers to Sahrawis as people born in Western Sahara before 29 September 1977 and their descendants. (Congreso de los Diputados)
Currently, the reduced two-year period applies to certain nationalities and groups with recognized historical or cultural connections to Spain.
If the reform enters into force in its current form, this could therefore create an additional route to Spanish nationality for qualifying Sahrawis and their descendants who are legally resident in Spain, separate from the extraordinary pathway for those born under Spanish administration.
The Wider Significance of the Proposal
The proposal has considerable historical significance because it attempts to address the consequences of Spain’s withdrawal from Western Sahara and the legal uncertainty experienced by people who had previously been documented under Spanish administration.
At the same time, the measure exists within a sensitive diplomatic context.
Western Sahara remains the subject of an unresolved international dispute, and Morocco considers the territory part of its sovereignty. For this reason, changes concerning the legal status of Sahrawis can have implications extending beyond Spanish nationality law.
From a legal perspective, however, it is important to distinguish these wider political questions from the purpose of the proposed nationality procedure: determining whether particular individuals can acquire Spanish citizenship.
Has the New Nationality Law Entered into Force?
No.
This is particularly important for anyone considering an application.
The Congress of Deputies approved the proposal on 10 September 2026, with 168 votes in favor, 31 against and 145 abstentions. Following that vote, the proposal was sent to the Senate to continue the legislative process. (Congreso de los Diputados)
Therefore, the measure should not yet be treated as an active nationality pathway, and applications under the proposed extraordinary procedure cannot currently be submitted.
The final wording could still be affected by the remaining legislative process. Under the text currently approved by Congress, the law would enter into force four months after its publication in the Boletín Oficial del Estado (BOE).
This means that even after final parliamentary approval and publication, the proposed pathway would not become available immediately. Potential applicants will need to wait for the legislative process to be completed and for the law to enter into force before relying on the new procedure.
What Should Potential Applicants Do Now?
Sahrawis who believe they may fall within the scope of the proposed law can begin identifying and preserving documentation that may eventually be relevant.
This could be particularly important for families holding historical Spanish identity documents or other records demonstrating a connection with the Spanish administration of Western Sahara.
However, applications under the new extraordinary pathway cannot currently be submitted. The legislative process must first be completed, the final legislation must be published and, under the text currently approved by Congress, the law would then enter into force four months after publication.
For this reason, anyone potentially affected should follow the progress of the proposal through the Senate and subsequent publication of the final legislation.
Spanish Nationality for Sahrawis: What Happens Next?
The approval by the Congress of Deputies represents an important development, but the process is not yet complete.
If the proposal ultimately becomes law, it could establish a new route to Spanish nationality for Sahrawis born in Western Sahara under Spanish administration, create possibilities for their descendants and introduce a reduced residence period for qualifying Sahrawis seeking nationality through residence.
Under the text currently approved by Congress, the law would enter into force four months after publication in the BOE, with eligible applicants then generally having three years to submit their applications. First-degree descendants would have five years to opt for Spanish nationality, calculated from the registration of their parent’s acquisition of Spanish nationality in the Civil Registry.
For now, the most important distinction is between what Congress has approved and what is currently in force. Congress approved the proposal on 10 September 2026 and sent it to the Senate, where the legislative process continues. (Congreso de los Diputados)
At Marfour International Law Firm, we continue to monitor developments in Spanish nationality and immigration law. As the proposal progresses through the remaining legislative stages, the final text will determine who qualifies, which documents will be accepted and how applications will need to be submitted.
