What would be the inheritance tax and the effects that arise upon the death of a person who is not a tax resident in Spain or the United States, but who has property or investment accounts in Spain or the United States?

The general principle is that the estate is opened in the last domicile of the deceased, but taxes will be incurred in each country where there are assets, unless there is estate planning.
In the United States the exclusion for federal estate taxes is US$ 11,400,000 for U.S. citizens and permanent residents. In the case of non-U.S. residents, the exclusion for federal estate taxes is only $60,000. Additionally, all non-resident, U.S. citizens and permanent residents enjoy an annual exclusion on gift taxes of $15,000.
In Spain the inheritance tax is also progressive depending on the relationship (called groups) and ranges from 7.6% to 34%, with the closest relative paying less tax and the most remote paying more, equally for tax residents and non-residents, just for the simple fact of having assets in the Spanish territory.

How much does the value of my property in Spain have to be in order to pay wealth tax?

The amount of wealth tax payable in Spain is not the same in all cases and the rates are established by each of the autonomous communities, which may contemplate from 0.2% to 2.5% of the value of the estate. It is important to point out that the Autonomous Communities have established a base amount of wealth from which the tax is payable.
In general terms, in Madrid wealth tax is payable on a property whose value exceeds 700,000 euros, in Aragon 400,000 euros, in Catalonia and Extremadura 500,000 euros, respectively, and in the Valencian Community 600,000 euros.

If I own property in Spain, do I have to pay wealth tax?

The payment of this tax will depend on the value of the property held in Spain, as it is personal and direct, and is therefore applied individually and on the value of all the property held in Spain.

If I am a qualified taxpayer in Spain and the United States, what taxes would I pay in each country?

If it is the United States of America, the person would pay 35% income tax in the United States as a natural person. If it is in Spain, he/she would pay from 19% to 45%.
The rest of the taxes are: In the United States 40% inheritance tax, if you are an American citizen or have a Green Card (permanent resident), as long as the estate there is over US$ 11,400,000. If you are not an American citizen or resident, you will pay 40% for the estate or assets in the United States that are over US$ 60,000.00.
In the case of Spain, inheritance tax is paid, with progressive rates depending on the relationship with the deceased (called groups), which range from 7.6% to 34%. Estate tax is also payable, with a maximum rate of 2.5%, depending on the value of the property or estate held in Spain and the law of the place where it is located.

With which other countries has Spain signed an agreement to avoid double taxation and prevent tax evasion that may benefit me?

Spain has signed agreements to avoid double taxation with 89 countries, which are Albania, Germany, Andorra, Saudi Arabia, Algeria, Argentina, Armenia, Australia, Austria, Barbados, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Czech Republic, Chile, China, Colombia, Cyprus, South Korea, Costa Rica, Croatia, Cuba, Denmark, Ecuador, Egypt, Slovakia, Slovenia, United Arab Emirates, United States, Estonia, Philippines, Finland, France, Georgia, Greece, Holland, Hungary, India, Indonesia, Iran, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kuwait, Latvia, Lithuania, Luxembourg, Macedonia, Malaysia, Malta, Mexico, Moldova, Morocco, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Philippines, Poland, Portugal, Romania, Russian Federation, El Salvador, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Sweden, Switzerland, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Kingdom, United States, States of the former USSR (except Russia), Uruguay, Uzbekistan, Venezuela and Vietnam.

If I qualify as a taxpayer in Spain and the United States, what taxes do I have to pay in each country?

In principle, it is important to know that the United States of America and Spain have signed an agreement to avoid double taxation and prevent tax evasion, which applies to income tax and corporate income tax, but not to wealth tax and indirect taxes of each country. Depending on the application of this agreement, it will be determined where and how much is paid or in any case how to proceed (the so-called "tie-breaker rules").

What is the income tax rate or percentage that a person pays in Spain?

In Spain the personal income tax (IRPF), permanent resident or spending more than 183 days a year, is a progressive tax, which means that the percentage to be paid increases or decreases in proportion to the income obtained. These scales range from 19% to 45% of income.
If you are a non-resident, 19% applies for citizens of Iceland, Norway and any other country of the European Union and for non-resident citizens of any other country in the world, a flat tax rate of 24%.

What taxes are paid in Spain?

In Spain, direct and indirect taxes are paid: Direct taxes are paid by individuals or legal entities based on their income (personal income tax IRPF) or wealth, and indirect taxes are levied on economic transactions (VAT), recording services or consumer goods.

Can a person be considered a tax resident of two (2) countries?

Yes, it can be considered, therefore, the existence or not of Double Taxation Agreements (DTA) signed between the countries in question must be known, in which case the situation is different and based on them it will be determined where and how much is paid or in any case how to proceed (the so-called "tie-breaker rules"). The Double Taxation Agreements signed by the countries will always take precedence over the internal regulations.

What is the effect of tax residency?

The immediate effect is to be subject to the taxes of that country, either to declare and/or pay income tax or to present a balance sheet of the assets held (accounts, investments, furniture, etc.) in that country and in the rest of the world.

What is the difference between being a citizen of a country and being a tax resident?

Citizenship is given by the rights and duties (especially of a political nature) that a person has to be part of a country and that this state recognizes it as its natural, either by birth or naturalization.
For its part the tax resident is a person who according to the laws of a country is subject to the taxes established in its laws. Thus, a person may be a citizen of one country and a tax resident in another.

What are the criteria to be considered a tax resident in a country?

There are several criteria to determine the tax residence of a person, but the notion of physical permanence is always decisive. Thus, a person can be a tax resident of a country by virtue of his habitual residence in that country or by physically staying in that country for more than 183 days a year, whether continuously or not.
A person may also be considered a tax resident if he/she has the center of his/her economic interests or main core of income in that country (to generate income) and finally, based on the vital interests of the subject, that is, a person whose spouse not legally separated and his/her dependent minor children habitually live in that country or spend more than 183 days a year in that country.

How does the State of Alarm in Spain affect the signing at the notary's office?

The current alarm decree 463/2020, establishes that during the "State of Alarm" the terms of the administrative processes will be suspended. There will be no prescriptions or expirations during the State of Alarm.
In this sense, the notaries using the criteria of urgency and necessity are allowing some signatures, however, as soon as the State of Alarm is lifted and normality is imposed, the agendas of the notaries will be recovering their normality.
We want to convey calm and tranquility, the Spanish authorities are aware of the impossibility of traveling at this time and there are plans to extend all deadlines so that the crisis generated by the humanitarian crisis affects citizens as little as possible.

What is the difference between State of Alarm and State of Emergency?

The Spanish constitution includes some limitations of constitutional rights and freedoms when exceptional circumstances make it advisable, as is the current case we are living. The constitution includes three states of emergency, the current "State of Alarm" being the least restrictive in terms of the limitation of rights and freedoms, followed by the state of exception and siege, the latter being the most restrictive and detrimental to the exercise of fundamental rights and freedoms (Art. 116 C. E.).

What happens to those of us who have already signed at the notary's office to obtain Spanish citizenship by Sephardic origin?

Those who signed in a notary's office must wait for the Ministry of Justice to resolve their request. The notaries send the procedure together with all the documentation to the DGRN and from this body will issue the corresponding resolution. We must take into account that given the world situation we are living in, a certain delay in the resolution of the procedures is foreseen, therefore we appeal again to the understanding in the delay of the resolutions.
However, we invite all our clients and friends to exercise their right to request the express resolution of the administration once a year has passed since the beginning of the application for the Spanish nationality, on the basis of art. 21 of the Law of Common Administrative Procedure. In this way we exercise our legitimate right to demand a response from the administration and reinforce our will and follow up on the file.
If you are interested in making the request for express resolution contact us www.sefaruniversal.com

Is it worthwhile to file an administrative appeal if one year has already passed since the signing of the notoriety deed?

The Law of Common Administrative Procedure (Law 39/2025, of October 1st), establishes in its art. 21 that "The administration is obliged to issue an express resolution and to notify it in all procedures regardless of the way in which they are initiated". This article determines the right of the administered to demand from the administration an answer to our claims, in itself to demand the express resolution is not a resource, it is a request for the administration to answer and issue a resolution to be able to exercise the effective protection, that is, our rights, depending on the sense of the resolution.

If I pay phase 1 and they fail to prove Italian ancestry, I lose the money I invested in genealogical research.

In SEFAR UNIVERSAL we make a preliminary study to study the viability of your request. Our genealogists base their work on sufficient indications to consider your candidacy as optimal, and from there you can contract the genealogy study by weeks and go on accrediting your condition of Italian descendant.
The work of the genealogists has an associated cost, without which it would never be viable for you to apply for Italian nationality.

Can you reconstruct a birth certificate that does not appear in the registry of the town where my great-grandfather was born?

Yes, our lawyers in Italy, taking into account your specific case, will give guidelines to see the feasibility of the request. Except in very complex cases, as a general rule it can be done.

¿Cuáles son los nuevos requisitos solicitados desde el 4 de octubre de 2018?

A partir del 4 de octubre de 2018, el Consejo de Ministros Italiano estableció nuevos requisitos para transmitir la ciudadanía italiana por esta vía. Aunque el proceso sigue siendo muy similar a lo que se manejaba hasta entonces, hubo tres cambios importantes.
-Manejo del idioma:
Entre los nuevos requisitos, el cónyuge tiene que demostrar que maneja el idioma italiano. Esto lo hace a través de un certificado B1 o superior. Lo que quiere decir que el interesado puede comunicarse a la perfección en italiano. De esta forma se garantiza que le será más sencillo adaptarse a la cultura italiana.
-El nuevo plazo de espera es de 48 meses:
El tiempo de espera aumentó de 24 a 48 meses. Esto quiere decir que el solicitante debe esperar hasta cuatro años para obtener una respuesta sobre su caso articular. Las autoridades usan ese tiempo para evaluar si los cónyuges cumplen con todos los requisitos.
En este sentido, hubo una modificación que consistió en la eliminación del consentimiento silencioso. Esto ocurría cuando después de los dos años la pareja no recibía respuesta del juez; entonces, la solicitud no podía ser rechazada. Con la nueva reforma, esto puede suceder aunque haya trascurrido los cuatro años.
-Aumento del importe
Por último, el otro cambio significativo es el aumento del importe que debe pagar el interesado al hacer la solicitud. El monto pasó de 200 a 250 euros.

What is the procedure I must follow to grant Italian citizenship to my spouse?

The acquisition of citizenship by marriage is made through an oath. The married person can apply for this right if he/she has 2 years of marriage with residence in Italy or 3 years if he/she is out of the country. As of 2015 requests of this Nature must be made to the Ministero dell'Interno.
When filling out the application, you have to write the name and surname as it appears on your birth certificate. Select the function "manage demand" and complete the requirements. Finally, please note that you will be asked for the following documents:
Apostilled birth certificate translated into Italian.
Criminal record certificate from your country.
Identity document.
Cancellation of the application fee.
The application can be accepted, accepted in moderation or denied. Denial is due to the presence of a serious criminal record or false documentation. Once these online steps are completed, you will be notified by mail of the date of consignment of the documents at the embassy of your country.
If the spouse resides in Italy, the request is made in his or her commune of residence in compliance with the above mentioned requirements.

Can all my siblings make a single claim?

The siblings could file a single lawsuit, but given the complexity of the case, our lawyers in Italy advise, for the sake of clarity and agility, to simplify the petitions before the judicial authority in order to facilitate the understanding of the filiations and to facilitate a favorable sentence issued by the judge.

At SEFAR UNIVERSAL our basic formula is one adult per claim and two minor children included. Adults, even if they are siblings, must go in separate claims, except in very specific cases.

How many people can enter the resource?

As a general rule, one adult and two minor children. However, depending on the particularity of each family, we could look at the specific case of each family.

If my ancestor is a woman, is the lawsuit different?

No, the recent judgments of the Italian High Court confirm gender discrimination if, through a legal action, there is discrimination on the grounds of descent from a woman. At present, there is no difference through the courts.

Can I apply for Italian citizenship administratively?

Italian citizenship can be processed through administrative channels when citizenship has been transmitted through the mother's side, if the child was born after 1948. This means that citizenship can be processed at a Consulate. The date is due to the fact that, in 1948, Italy established equal rights for men and women in its National Constitution. As this situation has not yet been legislatively remedied, it is necessary for a Judge to establish that you are Italian.

How is the process for Italian citizenship?

The Italian Republic is one of the European countries that regulates the acquisition of Italian nationality by descent in the most detailed manner. As a general rule, any person, regardless of their place of birth, who can prove that they are descended from Italians of Italian origin and that they retained their nationality after 1861, may apply through the courts for recognition of their Italian nationality.
At Sefar Universal we have the best genealogists and historians to support your filiation reports and our lawyers in Rome can file the corresponding lawsuits with the Italian State for the recognition of your nationality recognized by the "ius sanguini" or blood law.
For more information, please contact www.sefaruniversal.com and we will be happy to assist you and plan your case.

What benefits does Portuguese nationality grant me?

Those of any European nationality. Portugal is a full member of the EUROPEAN UNION, a country admired and recognized for its management capacity, its ability to recover from the economic crisis and its high quality of life.

Once I have obtained the nationality, what should I do?

When a person becomes Portuguese, he/she must register all civil acts of his/her life. This would not only benefit the person concerned, but also the following generations.

How long will it take to obtain citizenship?

Currently, the Portuguese process is taking between one year and 16 months. However, the resolution depends on the Ministry.

There are several of us in the family, can I submit a single application that includes me and my minor children?

Applications in Portugal are individual.

Do I need a lawyer to file my nationality application?

The law does not require the use of a lawyer, but undoubtedly, given the complexity of the process to obtain a successful outcome and avoid unnecessary inconveniences, it is highly advisable to use professional experts in obtaining Portuguese nationality.
In SEFAR UNIVERSAL we are here to assist you.

Once I have obtained the certificate of proof of my Sephardic origin, what should I do?

Power of attorney (Power of attorney with signature legitimation).
Birth certificate legalized with apostille.
Passport legalized with apostille.
Declaration of residence (other places where the applicant has lived).
Criminal certificates of the countries of nationality of the applicant and where he/she has resided more than 180 days per year. The criminal certificates, due to their expiration date, can be requested last.

Do I receive the genealogical report once it has been prepared?

No, the genealogical report and the corresponding chains of evidence are issued and consigned for a specific purpose, which is the nationality application process. The report is not given to the applicant.

I have a certificate that says I am a descendant of a Sephardic Jew, can I start the process with this?

The certificate itself has no validity if it is not accompanied by a genealogical report and the corresponding evidence to prove it. In many cases, these certificates that some people possess have no value beyond being a simple souvenir.

I tried to manage my Sephardic ancestry with other advisors and I was told that I was rejected because I did not have any Sephardic ancestry. Is it possible to apply even if I was rejected with another advisor?

Each genealogist has his or her database and research expertise in specific areas. In our case, our team of researchers specializes mainly in Venezuelan genealogies. It could very well have been rejected by another genealogist and our team has the evidence to demonstrate how the potential applicant is a direct and consanguineous descendant of a Sephardic Jew of those expelled or forced to convert to Christianity after the edicts of 1492, as required by law for a person to have the status of original Sephardic.

Can I submit a genealogical report as proof of my Sephardic origin?

Of course you can. However, we recommend that the genealogical report be prepared by our genealogists, as they are familiar with the requirements and formats required by the Portuguese Jewish Community for its approval.

Can I apply if my surname is on any of the lists of the Nationality Decree or other lists of Sephardic surnames?

Regardless of the lists and/or certainty of your status as a descendant of Sephardic Jewish families, it is absolutely necessary to have the certificate from the Israeli Community of Lisbon.

How can I justify my Sephardic origin to the Israelite communities in Portugal?

Our genealogists will build your family tree with the relevant professional tools and documents proving the veracity of the filiation. We will make the mandatory report requested by the Portuguese Jewish organization to successfully obtain the certificate.
We have constant communication with the CIL (Portuguese Jewish Community) and our genealogists know the criteria followed by the organization, which guarantees an optimal result in our requests.

What documents do I need to start my application for a certificate of Sephardic origin?

Power of attorney (Power of attorney with signature legitimation).
Birth certificate legalized with apostille.
Passport.
Filiation documents requested by the genealogy department.

How do I start my application for Portuguese nationality?

Very simple, by registering in our web page www.sefaruniversal.com, and from there we will give you all the necessary information to start the procedures as long as your candidacy is viable because you descend from Sephardic families.

What are the main differences between the application process for Spanish and Portuguese nationality?

Basically two very important ones, the fact that you don't have to travel to Portugal during the process and you don't need to speak Portuguese.

What are the similarities between the Spanish and Portuguese nationality laws?

There are many similarities, the most important is the accreditation of the condition of Sephardic descendant. Once we have obtained the certificate accrediting the Sephardic condition, we certify the rest of the requirements to proceed with the procedure. In Spain we must sign before a notary the Act of Notoriety, and from there the notary sends it to the General Directorate of the Registry and Notary. In Portugal, we present with our lawyers in the corresponding Ministerial Registry without the need of signature by the interested party in the Notary's office.

How long do I have to apply for Portuguese nationality?

In principle the DECREE LAW No. 30-A/2015 of the Portuguese Republic does not establish any deadline, but recently we have learned of a draft Law on the ways to acquire Portuguese nationality that will tighten the measures to acquire the passport.
It is an exceptional time for you to initiate the process of acquiring Portuguese nationality by Sephardic origin, since now you are not required neither to live in Portugal, nor to speak the Portuguese language. After the proposed legislative reform, these circumstances will probably no longer be possible.
TAKE ADVANTAGE AND START YOUR PROCESS WITH PORTUGAL IN A QUICK AND SIMPLE WAY.

I believe my ancestors were Sephardic from Spain. Can I still apply for Portuguese nationality?

Yes, Portuguese law refers to the Jews of the Iberian Peninsula, which includes Spain and Portugal.

In my family it has always been said that we have Jewish ancestors, could I apply for Portuguese nationality by Sephardic origin?

Yes, DECREE LAW No. 30-A/2015 allows to obtain Portuguese nationality to all persons who prove to be descendants of Sephardic families. In SEFAR UNIVERSAL we have an extraordinary team of genealogists and historians who will facilitate your research work and will manage to connect you with your Jewish ancestry if, as indeed you say, you descend from Jewish families.
Do not hesitate to order your genealogical feasibility study through the registration on our page www.sefaruniversal.com. From our organization, genealogists will carry out a preliminary study to check its viability and, if it is positive, to start the procedure.

What is the process to obtain Portuguese nationality?

Portugal is a country that continues to set an example to the International Community for the good management of its policies and flexibility to favor the acquisition of nationality or residence in Portuguese territory, benefiting the interested party of all the advantages of having a European passport.
All persons who can prove their descent from Sephardic Jewish families, will have the option through Portugal to apply for Portuguese nationality, without the need to travel to Portugal or prove knowledge of the Portuguese language. Our team of genealogists and historians will process your application through the Israeli Community of Lisbon or Oporto to obtain the certificate that certifies the status of Sephardic Jewish descendant, and thus proceed with the application for nationality before the Portuguese Ministry of Justice. At this stage, our lawyers based in Lisbon will initiate the application and follow up on the files of all our clients. More information on the subject can be found at www.sefaruniversal.com.

How long does the process take?

We must bear in mind that the process by Letter of Nature does not obey the parameters of the Common Administrative Procedure Law. However, we can affirm that it has a duration of approximately two years. From SEFAR UNIVERSAL we are committed to expedite, as far as possible, all the files that we process by following up and making the appropriate requests for prompt resolution.

How much will the procedure cost me?

In SEFAR UNIVERSAL we do not want the cost of the procedures to be an obstacle for the realization of the processes. Please contact us at www.sefaruniversal.com and one of our collaborators will try to respond to your needs.

Where can I file the application for nationality by Carta de Naturaleza?

GENERAL DOCUMENTATION

  • Birth certificate, legalized or apostilled and, if applicable, translated.
  • Legalized and translated criminal record certificate from country of origin (only for those over 18 years of age).
  • Certificate of criminal record from the Central Register of Convicted Persons in the case of residents in Spain over 18 years of age.
  • Original marriage certificate, legalized or apostilled, and if applicable, translated.
  • If the spouse is Spanish, the spouse's birth certificate.
    SPECIFIC DOCUMENTATION
  • Documents accrediting the existence of exceptional circumstances that shall be accredited by any appropriate means of proof admitted in law and that the interested party deems appropriate.
  • In the specific case of Sephardic people, a certificate from the Federation of Jewish Communities of Spain will be required to certify the applicant's Sephardic status.
  • Other documents that the interested party deems appropriate.

What documents must accompany the application for Spanish nationality by Carta de Naturaleza?

Once all the documents have been gathered and the personalized reports have been prepared for each interested party by the team of historians and lawyers of SEFAR UNIVERSAL to justify the exceptional nature of the request, the request will be sent to the Ministry of Justice in official form for the respective instruction of the file, without the need for the interested party to travel to Spain. This is provided that during the processing of this procedure no other more beneficial regulation arises for the interested party, and that he/she decides to avail him/herself of a foreseeable more "beneficial" procedure.

How can I prove my special link to Spain?

The special link with Spain will be credited by the following probative means, valued as a whole: a) Certificates of studies of Spanish history and culture issued by official or private institutions with official recognition. b) Accreditation of the knowledge of the Ladino language or "haketía". c) Inclusion of the petitioner or of his direct ancestry in the lists of Sephardic families protected by Spain, to which, in relation to Egypt and Greece, the Decree-Law of December 29, 1948 makes reference, or of those others that obtained their naturalization by the special route of the Royal Decree of December 20, 1924. d) Kinship of consanguinity of the applicant with a person of those mentioned in the previous letter c). e) Realization of charitable, cultural or economic activities in favor of persons or Spanish institutions or in Spanish territory, as well as those that are developed in support of institutions oriented to the study, conservation and diffusion of the Sephardic culture. f) Any other circumstance that demonstrates their special bond with Spain.

Who can apply for Spanish nationality by Carta de Naturaleza?

The interested party by himself/herself, provided he/she is over 18 years of age or emancipated.
The person over 14 years of age assisted by his/her legal representative.
The legal representative of a minor under 14 years of age.
The incapacitated person by himself/herself or the legal representative of the incapacitated person, depending on the terms of the incapacitation sentence.

What is the percentage of probability that the company gives me of being granted the Spanish nationality by carrying out this procedure of Carta de Naturaleza?

From SEFAR UNIVERSAL we commit ourselves 100% to the professional treatment of your file, configuring your exceptional circumstance based on the links that the interested party can demonstrate with Spain. When from the genealogy department we see the viability of the file and our lawyers are able to prove the exceptional circumstances (Sephardic, illustrious ancestors of Spain, victims of civil war, descendants of brigadistas and other exceptional links that we can provide), we support the application with weighty links and in accordance with the criteria for granting nationality by CARTA DE NATURIDAD to have a successful outcome. The resolution is ultimately the responsibility of the Council of Ministers, being this collegiate body the competent body to issue a resolution.

How many successful cases are there of acquisition of Spanish Nationality by Carta de Naturaleza?

The discretionary nature of the procedure in no way means that the resolutions are arbitrary. From the reports on the granting of nationality by Carta de Naturaleza, it can be observed that numerous cases have been approved when exceptional circumstances have been accredited in a timely manner.

Does SEFAR UNIVERSAL have any statistical reference to demonstrate the effectiveness of its management before the Spanish bodies and authorities for the acquisition of citizenship through the Carta de Naturaleza?

Regarding the success rate with the letters of nature, we can say that when the law 12/2015 ceased to be in force, in SEFAR we focused on following the procedures legitimately established in the law, which allow us to effectively apply the LETTER OF NATURE. Said procedure is established to acquire nationality when the applicant does not reside in Spain. It has never ceased to be in force, since it is the only legal means of access for people who cannot apply by any other procedure and who can prove their exceptional circumstances. SEFAR UNIVERSAL offers its trajectory and the experience of our lawyers to carry out the necessary procedures that its clients require to obtain their nationality by Carta de Naturaleza.

What is Spanish nationality by Carta de Naturaleza?

It is a way of acquiring Spanish nationality that is regulated in art. 21 of the Civil Code. This form of acquiring nationality is ex gratia in nature and is not subject to the general rules of administrative procedure. It will be granted or not discretionally by the Government by means of Royal Decree, after evaluating the concurrence of exceptional circumstances.

What are the processes for obtaining Spanish nationality and what types of people qualify?

The processes to obtain the Spanish nationality are regulated in the Civil Code and they are BY RESIDENCE, BY OPTION, BY POSSESSION OF STATE AND BY CARTE OF NATURE, all of them with diverse casuistry. The best option is for those interested in acquiring Spanish nationality to contact us explaining their personal and family situation and we, the multidisciplinary team of SEFAR UNIVERSAL, will study the best option.

How long does an apostilled birth certificate remain valid?

The birth certificate will have the validity that the same document indicates, and in the case that the document does not specify the validity, for the effects of Spain it will have a validity of one year counted from the date of the expedition of the document, which is not necessarily the date in which it was apostilled.
Said document must be in force for the moment of the signature in the notary's office.

How long does an apostilled criminal record remain valid?

The criminal record will have the validity that the same document indicates, must be addressed to the Ministry of Justice of the Kingdom of Spain, and in the case that the document does not specify the validity, for the effects of Spain will have a validity of six months, counted from the date of the expedition of the document, which is not necessarily the date in which it was apostilled.
Said certificate must be valid for the moment of the signature in the notary's office.

If I acquire Spanish nationality through the Sephardic process, do I have to renounce my original nationality?

In accordance with the provisions of Law 12/ 2015, no Sephardic originating in Spain shall lose their previous nationality on the occasion of the acquisition of Spanish nationality, either through the procedure provided for in the aforementioned law or through any other procedure.
However, the loss of this nationality will depend on the legislation of the country of origin, since in some cases it is provided that the acceptance of a second nationality implies the renunciation of the previous one.

My status changed from IN PROCESS to REGISTERED, what does this mean?

This change of nomenclature is due to internal issues of the Ministry of Justice. It does not affect the interested party as to the sense of its resolution, since the Ministry informed us that it is due to the overcoming of internal stages but that it is still pending resolution.

Are notary fees included in the cost?

No, notary fees must be paid separately.

Are the fees included in the costs?

No, the payment of fees is not included in the cost.

Is the trip to Spain included in the costs?

No, the trip to Spain is not included in the costs.

When do I have to pay for the phases?

Each phase must be paid for in advance, otherwise the next phase will not be passed on to the next one.

Once the procedure has been initiated, would it be legal in Spain?

There is a legal vacuum in this regard, as the law does not provide for what happens while the application is being decided. However, we can advise the interested person on the best ways to achieve legal residency.

How long should birth certificates and criminal records be issued?

Birth certificates and criminal records will have the validity determined in the document itself, counting from the date of issuance. Now, criminal records that do not have a certain period of validity or expiration, the Spanish authorities will admit them as long as they are not older than six months from their date of issue, which is not the same as the date of the apostille.

If I am granted Spanish nationality as a result of the Sephardic process, do I lose my American nationality?

If U.S. citizenship is lost, because according to Section 359 of the Immigration and Nationality Act (INA), a U.S. citizen may be deprived of his or her citizenship when he or she obtains the citizenship of another country voluntarily and upon his or her own request after reaching the age of 18. 

If I do the process with a U.S. passport, is it different than if I do it with a Venezuelan passport?

Yes, it is different, because apostilled and translated documents would be required. Apart from that, the DELE, which is a Spanish exam at the Instituto Cervantes, would have to be presented. Additionally, the apostilled and translated FBI criminal record would be required.

If I have lived in several countries, but for less than five years, do I need to obtain a criminal record for each country?

Yes, as long as the person has legally resided in those countries in the last five years.

If I have other nationalities, would I have to give up any of them?

No, since what the Spanish state is doing is recognizing a legal situation that has always existed, i.e., the person would be originally Spanish, he/she would not be nationalizing, but has always been Spanish.

Can I choose a different manager for the third phase?

No, since the applicant is not provided with the genealogical reports and their proofs, which are indispensable for the process.

In the event that a person wants to withdraw from the process before concluding a phase, will the money paid be refunded?

The money a person pays in each PHASE is what marks the beginning of the work in each case. For this reason, the fact that a person withdraws from the process does not mean that the work has not been done. Therefore, the money corresponding to the phase will not be refunded.

What if I cannot bring my minor child's passport?

In this case, a copy of all the pages of the passport must be made and certified by a Spanish consul.

Are minors obliged to travel to Spain?

No. Neither minors nor persons without legal capacity are obliged to travel. In these cases their parents or representatives may sign for them.

Do minors have to apply for a criminal record?

No, criminal records are only for adults.

What documents must be provided for minors?

They must bring the original passport and the original of the apostilled birth certificate. They must also bring certified grades or a certification from the educational institution where they are enrolled. This also applies to persons without legal capacity. These certified transcripts must be issued in Spanish and must be duly apostilled, in case they are issued in another language they must be translated and certified by a Spanish consul.

If my son, who is a minor, but older than 13, could he apply for Spanish nationality once I have the nationality?

Of course, this is possible, but it is a process that takes between two and three years. It should be taken into consideration that the process of nationality by Sephardic origin can take in some cases up to two years. The important thing is that the minor will not reach the age of majority in the process, otherwise he/she would lose the right to the option. Then he/she would have other more complicated requirements and the nationality that he/she would acquire would not be of origin, with which there are certain restrictions depending on each case.

Do minor children have to apply for nationality?

Yes, an application must be made for each person. In the case of children under 14 years of age, only PHASE 3 will be paid.

Can I give a power of attorney to someone to sign for me in Spain?

No, the signature is very personal and only the applicant can sign, or his legal representative in the case of persons without capacity. In cases of force majeure, such as illness that prevents the person from traveling, a relative within the first degree of kinship may be authorized to sign.

What documents do I need to bring when I go to sign in Spain?

The documents required vary from case to case. In principle, there are some documents that are mandatory for all applicants, which are a legalized and apostilled birth certificate, a legalized and apostilled criminal record certificate and a valid passport, which must be the same one with which the process was initiated. In case the birth certificate or criminal record is issued in a language other than Spanish, it must be translated and notarized before a Spanish consul, in which case the apostille is not required.

Where in Spain should the signing take place?

The signature at the notary's office can be done in any city in Spain. However, our team manages it in Seville, which is where we have all the necessary organization to bring the procedures to a successful conclusion.

Is it mandatory to travel to Spain?

Yes, it is necessary to sign before the notary.

Who sets the signing date in Spain?

The notary establishes a range of dates within a month, and Sefar appoints a lawyer to accompany the applicant to the signing, thereby determining a date certain. The applicant will be notified at least 15 days in advance.

When should I travel to Spain to sign?

The date is determined by the notary, once the third phase has begun and the file has been closed with the Ministry of Justice. The notary assigns a date range not exceeding one month, and then our team of lawyers determines, in agreement with the notary, the day when the person must come to sign, which is notified to the applicant.

How long does the signature take in Spain?

It usually takes three to four months after the process has begun.

How long does the process take?

The process can take up to two years. The Spanish government has a period of one year to resolve an application after the approval of the notary. After the nationality is recognized, there are the notifications, oaths, delivery of the birth certificate, issuance of the passport and DNI.

Once I am enrolled in the CCSE, can I change centers or dates?

Yes, it is possible. For more information, please visit the Instituto Cervantes website.

Who takes the CCSE exam?

All applicants over the age of majority and under the age of 70.

What is the Cervantes test?

Those interested in acquiring Spanish nationality must in some cases present various tests of ties with Spain, both of knowledge of the language and of constitutional knowledge and general culture. These tests are carried out at the Instituto Cervantes.

Does it also apply to my spouse?

No, in this case the nationality is only transmitted by consanguinity. For spouses, another genealogical analysis is required.

I tried to manage my Sephardic ancestry with other advisors and I was told that I was rejected because I did not have any Sephardic ancestry. Is it possible to apply even if I was rejected with another advisor?

Each genealogist has his or her database and research expertise in specific areas. In our case, our team of researchers specializes mainly in Venezuelan genealogies. It could very well have been rejected by another genealogist and our team has the evidence to demonstrate how the potential applicant is a direct and consanguineous descendant of a Sephardic Jew of those expelled or forced to convert to Christianity after the edicts of 1492, as required by law for a person to have the status of Sephardic originating in Spain.

I had been told that I did not qualify for this.

Here the important thing is to prove that the person in question is descended from a Sephardic Jew. This requires an analysis of the person's genealogy. The fact that a person qualifies or not, only means that the genealogist has a way to prove or not such ancestry. But once rejected by a genealogist, that does not mean that another genealogist with different tools cannot do it.

Do I receive the genealogical report once it has been prepared?

No, the genealogical report and the corresponding chains of evidence are issued and consigned for a specific purpose, which is the nationality application process. The report is not given to the applicant.

Can I request a genealogical analysis if I do not know any of my great-great-grandparents?

Of course, this is possible. But in order to guide the person with the greatest propriety, the more information you can present, the more likely you are to be eligible to begin the process.

How long does the family tree take?

The duration of this process will depend on the complexity of the studies to determine the Sephardic ancestry. Many surnames have very specific and precise casuistics and the filiations are ascertained relatively quickly. In other cases, the study and the ascertainment of the ancestry requires a deeper investigation in order to have full certainty of the information obtained and to guarantee the success of the client's pretensions. Sefar Universal's team of historians and genealogists work with the necessary diligence in issuing the relevant reports.

If several of my surnames appear on the list of Jewish surnames, do I have a better chance?

No. It is necessary to prove consanguinity with a Sephardic Jew. This is required by law. The mere fact of having a surname does not imply that the person in question is a descendant of a Sephardic Jew. The reasons for which a person may have a surname are very diverse and it is not always consanguinity. Apart from this, it is also necessary to consider that there are many surnames that were common to the three creeds that coexisted in Spain: Muslim, Jewish and Christian. Even more so in the case of patronymic surnames such as Núñez, Méndez, García and many others, which do not imply in any case that the person is of Jewish origin.

I have a certificate that says I am a descendant of a Sephardic Jew, can I start the process with this?

The certificate itself has no validity if it is not accompanied by a genealogical report and the corresponding evidence to prove it. In many cases, these certificates that some people possess have no value beyond being a simple souvenir.

If one can prove Sephardic ancestry, can one be rejected by the Spanish government?

Yes, the recognition of nationality is discretionary on the part of the Spanish state, but we believe that if everything is proven in accordance with the law and the genealogy is well proven, no one should be rejected.

How do I make the family tree?

SEFAR UNIVERSAL is integrated by a team of professional experts in genealogy and history, who in coordination with our lawyers will explore your ancestors, making it easier for you to discover your ancestral origins. Interested persons should complete the form available on our website. www.sefaruniversal.com, providing our professionals with the minimum necessary information, such as the identification of your parents and grandparents. These data will initiate the application of historical research techniques of your ancestors, as many generations as necessary and relevant to demonstrate your link with Sephardic descendants and thus initiate the corresponding administrative procedure for the application of European nationality (Spain, Portugal and Italy).

Is it necessary to go back so many generations?

Yes, since the law requires proof that the person is descended from one of those Jews who lived in Spain. Therefore, it is obligatory to go back to that date of 1492.

What does Sephardic mean?

The word Sephardic or Sephardic refers to people of Jewish faith who lived in the Iberian Peninsula until 1492 and in particular to the descendants of those who, after the edicts of that year, were expelled from Spain or forced to convert.

Is Venezuelan nationality lost by opting for another nationality?

It is not lost, since Venezuela admits dual nationality, that is to say, Venezuelans, whether by birth or naturalization, may have another nationality without losing their Venezuelan nationality. This principle is enshrined in Article 34 of the Constitution, which states that "Venezuelan nationality is not lost by choosing or acquiring another nationality".

Does the United States of America allow dual citizenship?

There are no specific laws in the United States that mention dual citizenship; however, the United States does not require a person to choose between one citizenship or the other.
If the person is a U.S. citizen and has dual citizenship, he/she is required to use his/her U.S. passport to enter and leave the United States.

With which countries has Spain signed a Dual Nationality Agreement?

The signing of a Dual Nationality Agreement implies that you do not have to renounce your original or previous nationality in order to be naturalized in another country. In the case of Spain, it has signed a dual nationality agreement with: Argentina, Bolivia, Colombia, Costa Rica, Chile, Ecuador, Honduras, Nicaragua, Peru, Paraguay and Dominican Republic.

What is a Dual Nationality Agreement?

These are international treaties signed by two (2) countries in order to establish the rules applicable to citizens having both nationalities. In general terms, most of the dual nationality agreements take the domicile as the point of reference, so that citizens with this dual status will not be constantly subject to both legislations, but only to the one of the country where they have their domicile. This applies in matters related to the granting of passports, the exercise of civil and political rights, labor and social security rights and military obligations.

When a person has dual nationality, is he/she subject at the same time to the laws of the two countries to which he/she belongs?

No, that is why countries provide means to "give preference to one of the nationalities" to the person with dual nationality and thus have a point of reference in terms of citizen-state relations. These means are established through the signing of dual nationality treaties.

What are the implications of having dual nationality?

The implications will be the existence of a dual legal bond, since persons with dual nationality will be nationals of two countries at the same time, enjoying the full legal status of nationals of both States.

What does it mean to have dual citizenship or nationality?

Dual citizenship or dual nationality means that a person can be a citizen of two countries at the same time.

What is nationality?

Nationality is the state to which a person belongs if he/she was born or naturalized in a particular country or nation.

What are Sefar Universal's services?

SEFAR UNIVERSAL's portfolio of services is very broad. Nationality and immigration allow us to deal with cross-cutting issues directly related to immigration issues. Taxation, Real Estate, civil matters, Patrimonial and many others. The best option is to visualize our web page www.sefaruniversal.com