Grandchildren Law in Spain

In this article we'll you everything you need to know about Spain's Grandchildren Law, as well as the 3 conditions you must meet to benefit from it.
grandma hugging her grandson because of the Grandchildren Law

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The Grandchildren Law, or Democratic Memory Law, has been officially approved by the Congress of Deputies after a long wait. This new law will allow children and grandchildren of Spanish citizens to obtain Spanish citizenship directly (without having to reside in Spain for a specific time).

How to get Spanish citizenship as a child or grandchild of a Spanish national?

In 2007, the Historical Memory Law was published in Spain, which allowed many foreigners of Spanish descent to obtain their citizenship. However, in recent years, attempts have been made to amend the law to expand it and reach more beneficiaries. Today it is already a reality.

Among agreements and disagreements, last year the initiative of the Democratic Memory Law or Grandchildren Law was finally created, an initiative that has been evolving to become a legal text in the approval stage, since last July 14th in the Congress of Deputies.

It should be clarified that this law is not yet in force, it is still being analyzed by the Senate. Once this Grandchildren Law or Historical Memory Law is approved, it will allow a wider number of foreign descendants from Spanish nationals to obtain their citizenship.

This is a citizenship by choice that will allow the children or grandchildren of Spanish nationals to obtain their citizenship directly from the consulate, without having lived in Spain for a year as is usually required, this is thanks to their direct link with Spain through their family ties.

Can I really benefit from this Grandchildren Law?

To get this benefit, you must meet the requirements in one of the following cases. That is, you will be able to apply for citizenship under the Democratic Memory Law or the Grandchildren Law if you:

  1. Were born outside Spain of parents or grandparents who had originally been Spanish, and who, as a result of having suffered exile due to political, ideological or religious reasons, sexual identity or orientation, lost or renounced their Spanish nationality. The reason is that their children or grandchildren will be able to opt for it again under the effects of article 20 of the Civil Code.
  2. Were born abroad to a Spanish woman who lost her nationality by marrying a foreigner before the entry into force of the 1978 Constitution.
  3. Are the child or grandchild of legal age of a Spanish citizen whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of the Historical Memory Law or the current Democratic Memory Law.

Note: The last point is fundamental, because the adult children of those who can benefit from the Democratic Memory Law itself (Grandchildren Law), will also be able to obtain their citizenship.

When will the Grandchildren Law come into force?

After its approval in the Congress of Deputies, and the Senate, and its publication in the BOE, the Grandchildren Law has finally been fully approved.

In other words, if you meet the requirements set for the application of this procedure, you can immediately apply to obtain your citizenship through this new Grandchildren Law.

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