As you may know, there are several ways to get Spanish Citizenship. By origin, by naturalization, by residency, by option…
Now, and for 2 years, a new path to obtaining nationality has been created.
A new Spanish citizenship by descent law that grants you nationality as long as you are the descendant of a Spanish national who left the country during the 20th century, known as the Grandchildren Law or “Ley de Nietos” in Spanish.
In this article we explore everything you need to know about it. From the eligibility criteria to the exact documents and requirements you must meet.
Before, when talking about obtaining Spanish Citizenship by descent, that type of nationality one can obtain thanks to his or her ascendants being Spanish citizens themselves, applicants had limited options.
On the one hand, it is true that those who were born to a Spanish mother or father could get it straight away. No doubt about that.
And also, there were additional situations, like adopted children under 18; or those born in Spain to foreigner parents if one of them was also born in the Spanish territory.
This is what constitutes citizenship by origin.
But, on the other hand, grandchildren of Spanish individuals were left out and could not apply for citizenship by descent.
Now, however, the relatives eligible to citizenship by descent have been expanded. This is thanks to the application of the Grandchildren’s Law.
And that is thanks to what is called historic memory law, which is a new regulation with important advantages.
What does this new regulation consist of?
It’s simple: now grandchildren will be also able to get citizenship, under some conditions.
But hold on for a second.
Not all descendants will be eligible. The new regulation only foresees the possibility of conceding citizenship in 3 different situations.
And that is what we explore in greater detail in the next section.
Who is elegible for Grandchildren Law in Spain?
As stated in the final instruction officially published in the BOE (Boletín Oficina del Estado), there are 3 groups of individuals who will be able to benefit from this law:
- First of all, grandchildren from Spanish women who were born in Spain and married to non-Spanish individuals before the 1978 Constitution came into force; and lost their Spanish citizenship due to that marriage.
- Children of those who got the Spanish Nationality by origin (by historical memory, regulated by the law 52/2017), who could not become Spanish nationals when the law came into force because they were not over 18 years old at that time.
*Bear in mind that this is the most typical case. Those individuals couldn’t undertake Citizenship by option when their parents got the nationality due to historical memory because they were overage.
Up until now, they could only apply for the arraigo familiar procedure (as they were children of Spanish citizens); but now they can request Spanish citizenship under the new descendant law.
- Children or grandchildren born outside Spain of a Spanish father, mother, or grandfather/grandmother who was exiled and left Spain for political, ideological, or religious reasons or for reasons of sexual orientation and identity; and who, due to such exile, lost or renounced their Spanish nationality.
How to apply for Spanish Citizenship by descent?
Let’s now move to the most crucial part: the actual legal process.
How can you apply for the Spanish citizenship by descent and benefit from the well-known “Ley de Nietos”?
1. Confirm you are actually eligible. Check the section above, and verify that you are in any of the 3 applicant groups that can benefit from this type of citizenship.
2. Prepare all the documentation that proves your kinship with the former Spanish citizen (this refers to your birth certificate and that of your ascendants), as well as any evidence that proves the exile, persecution, and renunciation of citizenship.
3. Submit your application, which you can do at:
- The Spanish consulate is located in your country of origin, if you are not in Spain
- The Central Civil Registry in case you are in Spanish territory
- The online platform that will be enabled to process all these applications.
Requirements to apply for the Spanish citizenship by descent
Below you can find a list of the requirements you must meet in order to successfully apply for Spanish nationality by descent in Spain.
In the following section, we will also see the exact documentation that proves each requirement and that you will have to provide.
So, what are those requirements?
- The first and most important thing is to prove that there is a family relationship and an actual kinship bond with your Spanish ancestor
- Thus, either your parents or grandparents must have been Spanish
- You must not have criminal records
Documents for Spanish Ancestry Citizenship
What documentation will you need to provide?
Below you can find a detailed list:
- To prove the link of descent, you will need to provide both an original and a copy of the birth certificate of your ancestors or any other document (which must be official) confirming that family relationship. Here we are talking about the birth certificate of your parents, or of your grandparents
- Marriage certificate (if applicable) of your parents or grandparents
- Criminal record certificate
- Birth certificate from your country of origin, issued by the local Civil Registry, duly legalized and apostilled
- In case you are legally residing in Spain, city hall registration (“empadronamiento“)
- Document that accredits the residence in Spain of your Spanish ancestor
- 3 passport-size photographs
Get personalized legal assistance to apply for the Ley de Nietos
If you would like to read more on the most recent updates regarding Spanish Citizenship, you can do it here.
Furthermore, if you feel you need specialized legal assistance to obtain your nationality in Spain, you are in the right place.
Our immigration lawyer team in Spain is ready to help you out! Just send us an email and we will help you:
- Define if you are eligible or not to get Spanish Citizenship after the Grandchildren Law
- Help you manage the whole legal application procedure. So will just need to sign! We will be in charge of the rest.
Becoming a Spanish Citizen may be easier than you think. You are now one click away!
Get in touch with our lawyers and let us guide you step by step:
4 Replies to “Spanish Citizenship by Descent or Ancestry”
Hi!
We would need to analyze your case in-depth to define if you are eligible or not. So we would really appreciate if you could send us an email at info@immigrationspain.es for that.
Thanks!
Hi
My grand mother was Spanish born in Spain and married to non Spanish man. Both are dead now.
My mum managed to get her citizenship by option roughly 2 years ago and she was born in Lebanon.
I heard I can apply for a spanish citizen due a new law coming into force by descent, and I have to be lived in Spain for a year? Can I apply without lived or being in Spain for a year ?
Hi!
Just send us an email at info@immigrationspain.es and one of our lawyers will help you out!
Thanks for reaching out 🙂
I want to talk to an expert lawyer if I am eligible to get the Spanish Citizenship