The issues related to the acquisition of Spanish nationality are compiled in the additional eight disposition of the Ley 20/2022, 19th of October, dealing with Democratic Memory. Also commonly known as new “grandchildren law”.
The Instruction of October 25th 2022, of the General Directorate of Legal Security and Public Trust, develops and interprets in an extensive manner this right to opt to the Spanish nationality.
According to the text of the cited instruction (that clearly modifies the original spirit of the Law), the following may apply for Spanish nationality under this rule:
- The children or grandchildren born outside of Spain of parents or grandparents that were originally Spanish.
- The children or grandchildren born outside of Spain of father, mother or grandfather/grandmother that were exiled and had to leave Spain for political, ideological or of beliefs, or sexual orientation and identity reasons; and due to said exile lost or had to renounce their Spanish nationality.
- The sons and daughters born abroad to Spanish women who lost their nationality due to marrying foreigners before 1978.
- The sons and daughters of legal age of those Spanish people whose nationality of origin was recognised by the law 52/2007 of December 26th commonly known as the law of Historical Memory or the sons or daughters that acquire nationality through the present law of Democratic Memory.
Furthermore, this new process of acquisition of nationality presents other outstanding features.
Confers the Spanish nationality of origin, acquired in a supervening manner, effective only from its acquisition, without retroactive character.
There is no age limit to apply for nationality.
The application must be made within two years, counting from the date of enforcement of the cited law. (Before October 26th 2024).
The right to opt regulated by the Law will not require the renouncement to the previous nationality.
The sons or daughters of the person that obtains the nationality through this law shall be able to apply for nationality in the same conditions as their parents.
The declaration of opting for Spanish nationality, as well as the oath or promise shall be formulated before the registrar of the civil registry office of the domicile of the applicant.
In Larrauri & Martí we can help you locate and obtain the necessary documents and proof to ascertain familial bonds with Spanish citizens and prepare and present the application for the option of Spanish nationality.
