Siciliano Lawyer Society

Extension of the Validity of the Law of Democratic Memory – Spanish Citizenship for Grandchildren and Great-grandchildren of Spaniards

Extension of the Validity of the Law of Democratic Memory – Spanish Citizenship for Grandchildren and Great-grandchildren of Spaniards

On October 21, 2022, the Law of Democratic Memory came into force in Spain, which expanded the possibility of obtaining Spanish citizenship for grandchildren and great-grandchildren of Spaniards, initially with a validity period of two years until October 21, 2024, with the possibility of extension for one more year.

In March 2024, Spain decided to extend the validity period of the Law, allowing those who meet the requirements to opt for Spanish nationality until October 21, 2025.

Who can apply for Spanish nationality under this Law:

The Law allows for the exercise of the option for Spanish nationality by (i) those born outside of Spain, whose father, mother, grandfather, or grandmother was born in Spain but lost or renounced their nationality due to exile for political, ideological, religious, sexual orientation, or gender identity reasons; (ii) children of Spanish women who lost their nationality when they married foreigners before the entry into force of the Constitution of 1978; or (iii) children (great-grandchildren), over 18 years of age, of grandchildren who obtained their original nationality through the exercise of the right of option provided for in the Law of Democratic Memory or the Law of Historical Memory (52/2007).

After the entry into force of the law, the Spanish Ministry of Justice determined that, due to the better interpretation that should be given to the interests protected by it, the right of option can also be exercised by grandchildren of Spaniards who retained their nationality, thus extending the option to grandchildren of Spaniards without distinction.

Throughout the applications, we have observed that nationality has been granted even to great-grandchildren. This is based on the interpretation that, since the Spanish Civil Code considers the children of Spaniards as Spaniards by origin (Article 17, 1, a), great-grandchildren would be direct descendants of Spaniards.

Why obtain Spanish citizenship?

Opting for Spanish citizenship offers various benefits. As a Spanish citizen, you and your family have the right to reside, study, and work not only in Spain but also in any of the 27 European countries that are part of the Schengen Area, allowing free movement without border control. This provides opportunities for study, work, and cultural growth in a continent that offers significant advantages, especially socially.

With Spanish citizenship, you can participate in public competitions in Spain, access public positions in the European Union, study for free in good schools, and receive discounts at various universities.

Additionally, Spanish citizenship allows you to visit 160 countries without the need for a visa and facilitates obtaining work permits in other countries of the European Union.

If you are interested in knowing if your situation fits the granting conditions or need assistance with your application, please do not hesitate to contact our office.

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Siciliano Lawyer Society
We believe that modernity lies in new ways of relating and acting, which allow for cost reduction and increased efficiency. We also believe that the practice of law should be based on the tradition of legal knowledge, obtained through profound dedication to the study of law. We aim to execute technically sound work, without archaic language, efficiently and swiftly, yet without relinquishing the pursuit of justice.

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