There are several routes to becoming a Spanish citizen available in 2024, including residency and naturalisation, but the law can be strict when it comes to eligibility requirements.
However, the passing of the Ley de Memoria Democrática (Law of Democratic Memory) in 2022 included a piece of legislation called Ley de Nietos, known as the Grandchildren Law.
This created a new path to citizenship by descent for the children or grandchildren of Spanish nationals who lost their citizenship after fleeing Spain during the Civil War in the 1930s or the Francoist dictatorship from the 1930s to the 1970s.
Under this law, the direct descendants of Spanish emigrants from this time period can apply for Spanish citizenship without ever having been to Spain.
This would grant them all the benefits of being a Spanish citizen, including the right to live, study, work, and travel throughout the EU, and access to healthcare, education, and voting systems in Spain.
This is not a permanent policy, though, as the Spanish government has set a deadline for the estimated 700,000 foreigners who may be eligible to apply for Spanish nationality under the Grandchildren Law.
If you believe you could be eligible, keep reading to learn more about this law, who it applies to, and what you’ll need to do to claim Spanish citizenship under Ley de Nietos.
Who is eligible for Spanish nationality under the Grandchildren Law?
Previously, while children of a Spanish mother or Spanish father had the automatic right to claim citizenship by descent, grandchildren or any further descendants were excluded.
Those born outside of Spain with a Spanish grandparent (with a parent also born outside of Spain to a Spanish parent) can claim Spanish nationality after living in Spain for 1 year.
Similarly, individuals from former Spanish colonies or of Sephardic Jewish descent can apply for Spanish nationality only after maintaining 2 years of residency in Spain.
The newer provisions of the Law of Democratic Memory make it possible for those who were previously ineligible or couldn’t claim without residency to do so if they are:
- Grandchildren of Spanish women who lost their citizenship by marrying a foreigner before the establishment of the 1978 constitution.
- Adult children of parents who gained Spanish nationality by origin through the 2007 Historical Memory Law or under the current Democratic Memory Law.
- Children or grandchildren who were born outside of Spain with a Spanish parent or Spanish grandparent who was forced into exile for political, religious, ideological, or sexual identity reasons, and subsequently lost or renounced their nationality.
There is no age limit for applicants in these cases, and providing proof of exile is not always a necessary condition, as this can be understandably difficult.
When is the Grandchildren Law application deadline?
When the new legislation came into effect in October 2022, it initially allowed 2 years for eligible parties to apply for Spanish nationality under the Grandchildren Law.
However, the surge of applications has caused a bit of a backlog, with many complicated bureaucratic procedures causing delays that may not be cleared up by October 2024.
To allow applicants more time to gather documentation and administrative services more time to process applications, the Spanish government announced in February 2024 that the deadline would be extended for an additional year from the original date.
This means that anyone who wishes to apply for Spanish citizenship under this policy now has until October 2025 to submit their application – but it’s best to do so as soon as possible.
How to apply for Spanish citizenship by descent
To apply for Spanish nationality through the Grandchildren Law, you must gather and provide the following documentation along with your application form:
- Applicant’s birth certificate
- Spanish parent’s birth certificate from a Spanish civil registry
- Spanish grandparent’s birth certificate from a Spanish civil registry
- Applicant’s, parent’s, and grandparent’s marriage certificates, if relevant
- Documents proving a parent’s acquisition of Spanish citizenship by origin, if relevant
- Proof of the parent’s or grandparent’s loss or renunciation of Spanish nationality
All documents issued outside of Spain must be translated into Spanish and legally notarised.
Once your application is filled out, you can submit it with your evidentiary documents to the Spanish consulate in your country, to the Central Civil Registry if you live in Spain, or online.
It can then take several months for the Spanish authorities to process your application, after which they will notify you of their decision. If your application is approved, they will provide instructions for how to finalise your citizenship and take the oath of allegiance.
Get help with Grandchildren Law applications
If you do not live in Spain and are not fluent in Spanish, this process can be made much easier by entrusting the application to immigration lawyers in Spain.
Not only will they speak multiple languages, including Spanish, but they will also be extremely knowledgeable about the laws that apply to your circumstances.
They can provide more detailed information to answer questions about the process and guide you through it, increasing your chances of a successful application – so be sure to seek professional assistance and apply before the deadline!
