The so-called Grandchildren Law regulation or Spanish Ley de Nietos – Ley de Memoria Democratica was approved! Thousands of descendants of Spaniards will be entitled to acquire Spanish nationality, if their grandparents left Spain due to the civil war and dictatorship.
Please be aware that the deadline to apply for Spanish nationality is October 22nd. 2025.
The Democratic Memory Law (ley de Memoria Democrática), as it is known officially, seeks to help Spain make some amends for its recent past. The goals of the law are recovery, preservation, and transmission of that memory, which has been harmed by 40 years of dictatorship.
The Grandchildren Law represents, above all, a window of opportunity for thousands of people around the world, particularly in the American continent: access to Spanish nationality without having to reside in Spain for a predetermined amount of time.
However, not every descendant will qualify. Only three scenarios are listed in the new regulation for citizenship to be granted. Let’s investigate them further.
Citizenship by descent: the previous system
People’s options for obtaining Spanish citizenship by descent were rather limited.
Those who had a Spanish mother or father at birth were automatically eligible. Without a question. There were also other circumstances, such as adopted children under the age of 18 or children born to foreign parents in Spain if one of the parents was also born on Spanish soil. But their offspring were overlooked by the law.
Who can apply with the new Law?
Case A
The children and grandchildren of exiles who were born after their parents and / or grandparents lost their Spanish nationality.
Case B
The children born abroad of Spanish women who lost their nationality because they married foreigners before the entry into force of the 1978 Constitution in Spain.
Case C
Probably the most common case, the adult or over age children that could not qualify to obtain Spanish nationality by Historical Memory Law, (regulated by the law 52/2007).
E.g.: A Spanish grandfather in 2007 who passed his nationality to his son, and the son of his son (grandchild) could not get it because he was 18 years old, now he would be included and it is possible to obtain nationality. Also all those descendants that derive from this grandchild will be able to obtain the nationality too, with this law.
As they were the children of Spanish citizens, they could previously request citizenship under the arraigo familiar method; however, they may now do so in accordance with the new descendant law.
Notice that the descendant may not request the Spanish nationality before his or her direct ascendant obtains Spanish nationality.
When to apply?
We only have two years to apply using this law, which is valid until October 20th 2024. There is the possibility to extend the period for one more year, if there’s agreement in the Spanish council of ministers, however there are high chances that there will be no extension.
How and where to apply?
The application-declaration of option shall be submitted:
- By the interested parties using the official forms provided in Annexes 1, 2, 3 and 4, together with the documentation that proves the legal requirements in each case.
- Before the Head of the General Consulate or Consular Office of the Civil Registry of the applicant’s address.
Notice that, if the applicant was born in the territory corresponding to the demarcation of another Civil Registry Office, in which case the application and documentation submitted will be sent to the Civil Registry Office corresponding to the birth location.
Application process
- Making and application using the official forms provided in Annexes 1, 2, 3 and 4 of the Instruction. These forms can be obtained online and in person.
- Submission of the application: Must be in person at the Civil Registry Office of the applicant’s address, together with a photocopy of the application. This application, when submitted, will be stamped at the Civil Registry Office and returned to the applicant as proof that the application was submitted on time.
- The interested party may file an appeal, in case of denial of the nationality option due to non-compliance with the requirements of Law 20/2022.
Documentation for Case A
- Applicant’s ID
- Applicant’s birth certificate
- Birth certificate of the applicant’s father/mother, grandfather/grandmother, who were originally Spanish.
- If the application is made as the grandchild of a grandparent who was originally Spanish, the applicant must also provide a literal birth certificate of the applicant’s father or mother (corresponding to the Spanish grandparent).
- The documentation that proves the exiled status of the father, mother, grandparent.
For this last point, any immigration documentation that may be present in the local consulate could potentially be used to prove the exiled status). Examples could be:
- documentation that proves having been a beneficiary of the pensions granted by the Spanish Administration to exiles.
- Documentation from the UN International Refugee Office that assisted Spanish refugees and their families.
- Certifications or reports issued by political parties, trade unions or any other entities recognised by the Spanish authorities or the exile’s host State authorities, which are related to the exile.
The status of exile will be presumed to all Spaniards who left Spain between July 18th 1936 and December 31st 1955. Proof of exile status must be provided when the xit from Spain was between January 1st 1956 and December 28th 1978. The departure from Spanish territory must be proved too.
Foreign certificates must be legalized and apostilled. If the documents are not in Spanish, they must be translated by a sworn translator.
Documentation for Case B
- Applicant’s ID
- Applicant’s birth certificate
- Birth certificate of the applicant’s Spanish mother
- Marriage Certificate of the mother with a foreign national dated before the 29th December 1978.
- For marriages formalized between August 5th 1954 and December 28th 1978, documentation must also be provided proving the acquisition by the mother of the husband’s nationality and a document accrediting the foreign legislation on the acquisition of nationality by marriage in force on the date on which it took place.
Foreign certificates must be legalized and apostilled. If the documents are not in Spanish, they must be translated by a sworn translator.
Documentation for Case C
- Applicant’s ID
- Applicant’s birth certificate
- Spanish birth certificate of the father or mother of the applicants of legal age, when their parents have been recognised as having Spanish nationality by origin by virtue of the right of option when the application is presented in a Civil Registry other than the one in which the birth of the father or mother is registered.
Foreign certificates must be legalized and apostilled. If the documents are not in Spanish, they must be translated by a sworn translator.
Please consider that this article is no legal advice, and is based on internet research only. If you would like to receive immigration expert advice, make sure to arrange a consultation with Spainguru’s vetted professionals here.
