Question
My husband’s paternal grandparents were both born in Spain. We have documents to prove this. We also have family in Spain to vouch for us and help with logistics if necessary. How does my husband go about obtaining Spanish citizenship with the Ley de Memoria Democratica?
If he is successful, we would consider moving there. Would his status allow me to reside there, too? We are retired and have sufficient investments and pensions to support us. Also, can this citizenship be passed on to his biological children?
Answers
These are the answers of Spainguru’s Facebook group members:
“Hi, I am sharing my experience. I am an American residing in Spain as a resident. I heard about this law and went to my local immigration office to apply. I needed to get copies of my Spanish grandparents’ birth certificates from the Ayuntamiento they were born in.
Lucky for me, I had this information, as they were born in 1908. I tried to order them online, but no such luck. I sent emails to both ayuntamientos telling them their names, date of birth, etc., and within one month, I had them both mailed to me for free to my house in Spain.”
“My brother, who lives in Los Angeles, was also interested to do it, and because I had all the paperwork, he tried hundreds of times to do it through the LA office. They would never reply to his emails or give him an appointment.
Finally, I got him empadronado at my house, and he flew over here for a few days to do it. We had our birth certificates newly issued from California, translated, and apostilled, as well as the grandparents’ empadronamiento and my dad’s birth certificate from Argentina (apostilled, etc.).
We were both sworn in—had to pledge allegiance to the King—and were told that we could keep our US passport.”
“We were told that the paperwork would be sent back to Madrid, and they would call us in 4-5 months. This was in March. We have not heard anything.
I went to the office (we are in the Balearics), and they said they have no way of tracking it, so they have no idea. So here we are, waiting for the miracle.”
“Yes, after he becomes a Spanish resident, you can apply for residency as his spouse.”
“To renounce US citizenship officially, you must complete three forms, pay $2,350 (approximately), and do it in front of a consular officer. However, this is not required for obtaining Spanish citizenship through Ley de Memoria Democrática.”
“The Ley de Memoria Democratica was recently extended from October 2024 to October 2025. You might want to consider skipping the consulate and doing this process inside Spain. Don’t let the consulate mess this up because his biological children are also Spaniards via jus sanguinis, and that would be such a loss.”
“You need original birth certificates of the person born in Spain printed no more than six months ago (can be requested online).
Other required documents include paperwork proving the relationship to the person born in Spain (e.g., a birth certificate, which must be apostilled and translated if it is not Spanish), completed forms, and submission at your local consulate or registro civil in Spain.”
Conclusion
The process of obtaining Spanish citizenship through ancestry is feasible, especially under the Ley de Memoria Democratica, which has been extended until October 2025. Applicants need to gather specific documents, including newly issued birth certificates, proof of family relationships, and apostilled translations.
While the process can be slow, with some waiting for months to years, applying directly in Spain might expedite it. Once citizenship is granted, family members, including spouses and biological children, can also benefit. Renouncing US citizenship is generally not required for this procedure.
