Spain’s grandchildren law: everything you need to know about it

Spain's grandchildren law

Spain’s grandchildren law: everything you need to know about it

After the Law of Historical Memory of 2007, it has evolved one step further to the current Law of Grandchildren of Spain, which means that millions of people of Spanish descent will be able to apply for Spanish nationality. This means that millions of people of Spanish descent will be able to apply for Spanish nationality. Do you want to know all the details? We’ll tell you about it below!

What is the Spanish Grandchildren Act?

The Law of Grandchildren of Spain 2023, also known as the Law of Democratic Memory, is a law passed by the Congress of Deputies on 5 October 2022 and came into force on 21 October of the same year. This law aims to redress the historical injustices committed during the Spanish Civil War and Francoism, and one of its measures is the granting of Spanish nationality to the grandchildren of Spaniards who were forced to leave the country for political, ideological, religious or sexual identity reasons.

Who is affected by this new Law on Grandchildren of Spain?

To obtain Spanish citizenship, certain requirements must be met, which vary depending on the circumstances. These are the main ones:

  • Born outside Spain of exiled Spanish origin: Sons, daughters, grandsons and granddaughters born abroad of people who were originally Spanish and who lost or renounced their Spanish nationality due to political exile, ideological or belief reasons, or because of their sexual orientation and identity are eligible for Spanish citizenship. Any Spanish person who left Spain between 18 July 1936 and 28 December 1978 is considered an exile.
  • Children of Spanish women married to foreigners: The sons and daughters of Spanish women who lost their nationality due to their marriage to foreigners before the entry into force of the 1978 Constitution are eligible for Spanish citizenship.
  • Sons and daughters of age of Spaniards with recognised nationality of origin: Sons and daughters of age of Spaniards whose nationality of origin was recognised in accordance with the right of option established in the law in force or in the seventh additional provision of Law 52/2007, of 26 December, may also acquire Spanish citizenship.

They also have the right to obtain Spanish nationality:

  • Children of persons born in Spain with Spanish nationality not of origin: Children of persons who were born in Spain and acquired Spanish nationality not of origin may apply for Spanish citizenship in accordance with Article 20.1.b) of the Civil Code.
  • Minor children of beneficiaries of the Law of Historical Memory: Minor children of those who acquired Spanish nationality under the Law of Historical Memory and opted for non-origin Spanish nationality under Article 20.1.a) of the Civil Code may also obtain Spanish citizenship.

Documentation required to benefit from Spain’s Grandchildren Act

You may need to provide proof of your mother’s, father’s, grandfather’s or grandmother’s exile status to qualify. To do so, you will need to provide one of the following documents:

  • Documentation accrediting the beneficiary of Spanish exile pensions: This documentation directly proves the exile status and is issued by the Spanish Administration.
  • Documents from the United Nations International Refugee Office and the Refugee Offices of the host States: These records support the assistance provided to Spanish refugees and their families.
  • Certifications or reports from political parties, trade unions or other recognised entities: These documents may be related to exile due to participation in exile activities or in the recovery of the historical and personal memory of the victims of the Civil War and the Dictatorship. They must be recognised by the Spanish or host country authorities.

In addition, the documents listed in paragraphs 2) and 3) above will serve as proof of exile if presented together with any of the following:

  • Passport or travel document with entry stamp in the host country.
  • Certification from the Spanish Consulate’s registry of matriculation.
  • Certifications from the Consular Civil Registry proving residence in the host country, such as marriage registrations, births of children, deaths, among others.
  • Certification from the local Civil Registry of the host country that proves the acquisition of the nationality of that country.
  • Documentation from the time of the host country showing the year of arrival in that country or the manner of arrival by any means of transport.

It is important to note that the status of exile applies only to those persons with Spanish nationality who left Spain between 18 July 1936 and 31 December 1955, as well as between 1 January 1956 and 28 December 1978. In all cases, it will be necessary to prove the condition of exile.

To make the process easier, Apply Golden Visa will help you with both the documentation and the application and registration process. Also, remember that there are other options to obtain both the Golden Visa in Spain and other types of visas, with multiple benefits and facilities. We will help you to achieve your goal!

Spain's grandchildren law

Other information on Spain’s Grandchildren’s Act

There are several points you should know if you want to benefit from the new Grandchildren’s Law in Spain. Some of the most important points are:

  • There is no minimum residence requirement in Spain and no age limit for beneficiaries of these provisions.
  • Each case is assessed on an individual basis, and specific requirements must be met according to the particular circumstances of each applicant.
  • Eligible persons have two years to apply.

This new law is just one more step towards historical memory and restoring rights to people who for reasons of force had to flee Spain. Now those people have the opportunity to recover their Spanish nationality. Are you one of them? We can help you to get it!

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