Democratic Memory Law: Best way to obtain Spanish Nationality

What is the Democratic Memory Law? 

The Democratic Memory Law, popularly known as the Granchildren`s Law, has opened a new avenue for obtaining Spanish nationality since October 2022. This legislation, with a strong social and humanitarian focus, aims to reconnect thousands of descendants of Spaniards with their roots, offering a direct path to Spanish citizenship. The law has a reparative purpose, facilitating access to nationality for those who, due to historical reasons, were previously unable to obtain it. 

Why is the Grandchildren`s Law the Best Way to acquire Spanish Nationality?

The Grandchildren`s Law has gained popularity among foreigners with Spanish ancestry, as it offers a more direct and streamlined process for obtaining nationality compared to other options. As of January 31, 2024, more than 26,000 applications had been submitted across 179 Spanish consulates worldwide, with over 12,000 approved in record time. This demonstrates the willingness of Spanish authorities to facilitate the process, making it an attractive alternative compared to other more complex and time-consuming procedures.

Moreover, the Grandchildren`s Law allows applicants to obtain Spanish nationality without having to fulfill long residency periods in Spain. This is in contrast to other pathways, such as nationality through residency, which requires several years of residence in the country. This flexibility has encouraged many descendants to take advantage of the opportunity to strengthen their connection with the country of their ancestors. 

Who can benefit from the Grandchildren`s Law? 

The Grandchildren`s Law outlines several scenarios under which nationality can be requested.

These are the most relevant cases: 

• Scenario 1: Those born outside of Spain to a father, mother, grandfather, or grandmother who were originally Spanish, including those who were unable to obtain nationality previously. 
• Scenario 2: Those born outside of Spain to parents, grandparents, or great-grandparents who, due to political, ideological, religious exile, or because of sexual orientation, lost or renounced their nationality. This scenario aims to rectify the consequences of the repression during the Civil War and dictatorship.
• Scenario 3: Children born abroad to Spanish women who lost their nationality upon marrying foreign citizens before the enactment of the 1978 Constitution. 
• Scenario 4: Adult children of Spaniards who obtained recognition of their original nationality under the Democratic Memory Law (Law 20/2022) or the Historical Memory Law (Law 52/2007)

What documents are needed to apply for Nationality under Grandchildren`s Law? 

The required documentation varies depending on the specific scenario to which the applicant applies (as described above). At Gentile Law, we simplify this process, ensuring that each document is complete and accurate. The most common documents include: 

• A literal birth certificate of the applicant, updated and apostilled.
• Birth certificate of the applicant`s father or mother, updated and apostilled.
• Birth certificate of the grandfather or grandmother who was originally Spanish, updated. 
• Civil marriage certificate of the applicant`s parents, if applicable. 
• Documentation proving the status of exile of the applicant`s Spanish-origin parent or grandparent. This proof is required only in Scenario 2.
• In the case of children of Spanish women who lost their nationality due to marriage before 1978, additional documentation is needed to prove that the mother acquired the nationality of her foreign spouse. 

What are the benefits of obtaining Spanish Nationality through Grandchildren`s Law? 

Gaining Spanish nationality through the Grandchildren`s Law not only allows applicants to reconnect with their family heritage but also offers significant advantages; 

• Rights as a Euorpean Union citizens: Spanish nationality grants all rights of an EU citizen. 
• Free movement and residence: Allows living, working, and traveling without restrictions in any EU member state. 
• Access to employment opportunities: Expands job opportunities both in Spain and across the EU.
• Educational opportunities: Facilitates access to study programs, scholarships, and agreements with universities and educational institutions throughout Europe. 
• Access to public services: Rights to healthcare and other public services in Spain and other EU countries. 
• Family reunification: Possibility to facilitate residence and nationality for direct family members. 

Statistics and Reach of Granchildren`s Law

The Grandchildren`s Law has had a significant impact, particularly in countries with large Spanish migration communities. Argentina, Mexico, and Cuba lead the list of applications, with over 14.000 requests among the three: 

• Argentina: with 7.000 applications. 
• Cuba: with 4.000 applications. 
• Mexico: with 3.000 applications. 

Since the implementation of the Grandchildren`s Law, record numbers of applications and nationality grants have been registered across Spanish consulates worldwide.

Where and when to submit the Nationality Application under the Grandchildren`s Law? 

The location and timing for submitting the Spanish nationality application depend on the applicant`s place of residence: 

• Residents abroad: they must submit their application at the corresponding Spanish consulate, usually by appointment. 
• Residents in Spain: They submit their application at the Civil Registry corresponding to their place of residence. 

The Grandchildren`s Law has been extended until October 2025, providing a limited time to take advantage of this unique opportunity. It is essential for interested parties to begin the process as soon as possible. 

Gentile law: Your professional support for obtaining Spanish Nationality 

At Gentile Law, our team of immigration experts is here to guide you through the application process for Spanish nationality through the Grandchildren`s Law. With deep knowledge of the regulations and a personalized approach, we ensure a transparent and efficient process, whether you reside in Spain or abroad. We make sure each step is straightforward and hassle-free, offering comprehensive assistance that includes document preparation, application submission, and process follow-up until resolution.