The summer of 2022 has brought good news for the descendants of Spaniards residing abroad. The new law of Democratic Memory, also known as the Spanish Grandchildren law (Ley de Nietos) now allows descendants of Spanish parents or grandparents to apply for Spanish nationality directly, without the need to live in Spain for any minimum period of time.
The importance of the Spanish Grandchildren law is that the categories of persons that can now apply for Spanish nationality by option has been extended. Until now, this could not be obtained if one was “20 years of age or older” (except for those persons whose father or mother had been originally Spanish and born in Spain).
Under the new law, 3 new categories have been added in which nationality can be requested:
If you were born outside Spain and you have a father, mother, grandfather or grandmother originally from Spain. In addition, they must have suffered exile and lost or renounced Spanish nationality for political, ideological, belief or sexual orientation and identity reasons. Their children or grandchildren will be able to apply for nationality through Article 20 of the Spanish Civil Code.
If you were born abroad to a Spanish woman who lost her nationality because she married a foreigner before the 1978 Constitution came into force.
- If you are the adult son or daughter of Spaniards whose nationality of origin was recognized by virtue of the right of option under the Law of Historical Memory of 2007.
For more information about la Ley de Memoria Democrátic, have a look at this interesting article from Espana Exterior: https://www.espanaexterior.com/el-congreso-aprueba-la-ley-de-memoria-democratica-que-facilitara-la-nacionalidad-los-descendientes-de-emigrantes/
For all the ways to get Spanish citizenship look at our other article: https://buenosabogados.es/7-ways-to-get-spanish-citizenship/