The grandchildren law in Spain is a historic opportunity for many families, especially for those like us who have emigrated and want to rebuild roots in this country that is now also our home.
Like Venezuelans living in SpainWe know what it means to seek stability, opportunities and, above all, identity. That's why we want to share a comprehensive, up-to-date and clear guide to processing the Spanish nationality through this law.
If you are thinking of applying or just want to understand if you are eligible, here we tell you who can apply, what the requirements are, what the process is like and what documents are needed.
We have been through many migration procedures and we know first-hand that things are better understood when someone explains them to you straight, so let's get straight to the point.
What is the Grandchildren's Law in Spain?
The grandchildren law Spain is the popular name for a provision included in the Democratic Memory Law (Law 20/2022 of 19 October). This law expands the possibilities for Spanish descendants can obtain the nationality by option.
Many call it "grandchildren's law". because, effectively, one of its main objectives is to allow the grandchildren of Spanish émigrés (especially for political or economic reasons during the war or the dictatorship) can access to the Spanish nationality.
Although a similar provision was already in place in 2007 in the Law of Historical Memory, that option was temporary and more restrictive. This updated version expands assumptions and makes the process much easier.
For those of us who are Venezuelan, it is especially relevant, because it Spain was the destination of thousands of emigrants in the 20th century and many, many families have retained this link.
Who can apply?
According to the Spain's grandchildren lawThere are three main broad assumptions (or "cases") for opting for the nationality:
Children or grandchildren of exiled Spaniards
- Persons born outside the Spain whose father or mother, grandfather or grandmother had been Spanish of origin and would have left Spain for exile for political, ideological or belief-based reasons, or because of sexual orientation and identity.
- Exile can be credited with different documentsincluding certificates from exile institutions, passports with refugee visas, documents of arrival in the host country, etc.
Children of legal age of those who obtained nationality through the 2007 Law of Historical Memory.
- Under the previous law, many parents were granted the nationalitybut their adult children were left out. They are now eligible as children of those who were naturalised in that period.
Children of Spanish women who lost their nationality for marrying foreigners before 1978
- Before the Constitution of 1978, many Spanish lost their nationality upon marriage to foreigners. Your children can recover the link with Spain through this provision.
Basic requirements for applying for nationality under the Grandchildren's Act
Now that you know who can apply, I will tell you the general requirements for the grandchildren law Spain. Although each consulate or civil registry may ask for specific nuances, it is normally required:
- Proof that you are a child or grandchild of Spanish from origin.
- Documents proving the exile of the ascendant, if applicable.
- Birth certificates of the applicant and of the Spanish ancestor.
- Current identity documentation.
- Registration (if you live in Spain) or proof of residence in the country of origin.
- Test of the Spanish nationality of origin of the ascendant (literal Spanish birth certificate).
The essential requirement is to be able to prove the link with the Spanish grandparent or parent and, where applicable, the reason for exile.
What is the process for obtaining nationality under the Grandchildren Act?
We are going to tell you in a simple step-by-step manner how to apply for nationality by means of the grandchildren law in Spain.
It is a administrative procedure that is done in the Consular Civil Registration of the country where you reside (if you are outside of the Spain) or in the Spanish Civil Registry corresponding to your residence (if you are already in Spain). Here are the common steps:
Gather all documentation
The biggest challenge is to achieve the birth certificatesthe literal certifications and the evidence of exile (if applicable). Some documents require legalisation or apostille. It is important to gather:
- Birth certificate of the Spanish grandparent or father/mother (preferably literal Spanish).
- Applicant's birth certificate.
- Identity documents (DNI, passport).
- Exile test (if applicable).
- Family book or certificates attesting to the family line.
Request an appointment
Depending on the consulate or of the civil registry, the appointment may take weeks or months. At SpainIn addition, many civil registries have set up special agendas for the grandchildren law in Spain.
Submit the application
At the appointment you will hand in all the documents and fill in the official form to apply for Spanish nationality.
Review and resolution
The consulate o civil registry reviews the documentation and resolves if it meets the requirements. The maximum legal time limit is usually 1 year, but in practice it varies a lot (sometimes it takes a few months, sometimes more than a year).
Birth registration in Spain
If the nationalityis inscribed in the birth of the applicant in the Spanish Civil Registryand a literal certificate of Spanish birth. With that you can process the DNI and the Spanish passport.
Advantages of obtaining Spanish nationality by means of this law
Talking about the grandchildren law in Spain is not just a red tape. For many of us it means much more:
- Obtain the Spanish passport and move freely around the EU.
- Access to health, education and social rights on an equal footing.
- Legal certainty and stability for you and your family.
- Reconnect with your family historyr and recover roots.
- Facilitating regularisation of your situation if you already live in Spain.
Like Venezuelans living in SpainWe can tell you that this country opens doors for us if we are willing to integrate and comply with the processes. The grandchildren law in Spain is one of those unique opportunities for those of us with Spanish roots.
Recovering that link is not just a LEGAL LAWis a tribute to our grandparents and to their history, to remember those such incredible beachesthose grandmother's meals...
At Curiara, We understand how important and sometimes complex it can be to process nationality and adapt to a new life in a new country. Spain. If you are thinking of applying for nationality for the grandchildren's law in SpainWe want you to know that you are not alone, you can count on us to resolve your doubts and help you build your future here with more peace of mind and security.
