Did you know that there is now a new way to acquire Spanish nationality without having to reside in the country for a minimum period of time? That’s right! Through the Law of Grandchildren, the descendants of Spaniards of origin can obtain this benefit and begin to enjoy life in Spain legally. Would you like to know more details about it? We tell you more about this regulation, below!

What is the Grandchildren’s Law in Spain?

On July 14, 2022, the Spanish Congress of Deputies approved the Grandchildren’s Law. However, its final phase is expected for October of this year, so that the Senate can also issue its approval and thus enter into force before the Official State Gazette (BOE).

The Law of Grandchildren, also known as the Law of Historical Memory, is a project that proposes to allow the children and grandchildren of Spaniards of origin to obtain this nationality, through the Spanish consulate of their country of origin, without the need to reside in Spain for a minimum period of time.

Likewise, it is estimated that applicants will have two years to apply for Spanish nationality, starting from the date of full approval.

Precedents to the Grandchildren Act

In 2007, the Law of Historical Memory was approved, the creation of which is considered as a favorable measure that contributed to recognize the rights of Spaniards who suffered persecution during the civil war.

What does this mean? The possibility of acquiring the nationality was allowed to descendants up to the second degree of those who had been originally Spanish, understanding that they suffered migratory consequences, and lost their nationality due to exile.

In this sense, during the period of validity (from 2007 to 2011) it is considered that this law opened the doors to Spanish territory to a large number of people born in Latin America.

Now, this historical fact serves as a starting point in the new legislation proposed as “Grandchildren’s Law”, being considered as its evolution to benefit migrant children and grandchildren of Spaniards of origin; taking the corresponding reparatory measures.

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Who will be eligible for the Grandchildren Act?

As already mentioned, this law is aimed at descendants of Spaniards of origin, with no age limit. For this reason, the assumptions that must be met in order to be eligible for the Historical Memory Law are as follows:

• Being a child or grandchild born outside Spain of a Spanish father, mother, grandfather or grandmother who were exiled and left the country for political, ideological or religious reasons, or for reasons of sexual orientation and identity; and who for this reason were forced to renounce their nationality.

• Being the son or daughter (born abroad) of Spanish women who lost their nationality because they married foreigners before the 1978 Constitution came into force.

• Be a son or daughter of legal age of Spaniards who obtained their nationality of origin by reason of the agreement of the Historical Memory Law (Law 52/2007, of December 26).

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How to prove link of descent in Spain?

While it is true that the Grandchildren’s Law is in the process of final approval, if you want to be one of the people who will benefit in the future from the regulation, it will be necessary that you can prove your status as a Spanish descendant.

Thus, the requirements that can validate this fact will be established depending on the case in which you find yourself. These are:

In case you are the child of a Spanish emigrant

• Applicant’s birth certificate

• Birth certificate of the father or mother issued by a Spanish civil registry office.

If you are the grandchild of a grandfather or grandmother who emigrated

• Applicant’s birth certificate

• Verbatim birth certificate of the father or mother

• Birth certificate of the applicant’s grandfather or grandmother

In case of being a child of legal age of Spaniards to whom the nationality of origin was recognized by virtue of the right of option

• Birth certificate of the interested party

• Birth certificate of the applicant’s father or mother. It is necessary that the parents opted for the Spanish nationality of origin.

In this sense, the common procedure in this type of procedure is usually done by appointment, presenting the stipulated requirements before the corresponding Consular Civil Registry. And, if already in Spanish territory, at the Central Civil Registry.

When can you apply for nationality under the Grandchildren’s Law?

Although this regulation may attract the attention of many people in a migratory situation in Spain, the Grandchildren’s Law is currently in its final phase, so it is necessary to wait for its official approval.

As mentioned in previous paragraphs, the Senate must approve the law in order for it to enter into force and be published in the BOE, and thus be able to initiate the corresponding procedures for foreign children and grandchildren of native Spaniards.

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If you want to keep updated on this and other legal issues in Spain, or need help with any of your paperwork, TAS Consultancy offers you our team of tax, accounting and legal experts. Be sure to visit our blog and keep up to date!