Grandchildren Law in Spain

Grandchildren Law in Spain
In this section we tell you everything you need to know about the new Grandchildren Law and how to benefit from it. As well as the 3 elements that are contemplated to be able to request it.

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

How to obtain Spanish nationality as the son or grandson of a Spanish national?

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

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

It should be noted 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 larger number of foreigners of Spanish descent to obtain their nationality.

Well, this is a nationality by option that will allow the children or grandchildren of Spaniards to obtain nationality directly from the consulate, without the need to have resided in Spain for a year as is normally required, thanks to its direct link with Spain from their family relationship.

Can you really benefit from this Grandchildren law?

To get this benefit, you must be in one of the following cases. That is, they may apply for nationality under the Law of Democratic Memory or Law of Grandson when:

  1. Children or grandchildren born outside of Spain to a Spanish father, mother or grandfather/grandmother who were exiled and left Spain for political, ideological or belief reasons or sexual orientation and identity; and that due to said exile they therefore lost or renounced their Spanish nationality. Your children or grandchildren may apply for nationality by Article 20 of the civil code.
  2. Sons and daughters born abroad to Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution came into force.
  3. The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option according to the Historical Memory Law or the present Democratic Memory Law.

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

When will the Grandchildren Law take effect?

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

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

Do you need more information about Grandchildren Law in Spain?

If you want to do any immigration procedure, make sure it has an expert team in the field.At Entre Trámites we invite you to know all our immigration services here. Fill in our contact form and we will call you to help you as soon as possible, schedule a free online consultation or just text our WhatsApp.

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