Citizenship via the Law of Democratic Memory (Grandchildren’s Law)

The Law of Democratic Memory, commonly referred to as the “Grandchildren’s Law,” is a Spanish law enacted in October 2022. The aim is to address the historical injustices stemming from the Spanish Civil War and the subsequent Franco dictatorship. For our purposes, the important provisions of the law deal with the new pathways to Spanish citizenship for descendants of Spaniards.

Who Qualifies Under This Law?

The eligibility criteria might surprise you—it’s broader than many people realize. Here’s a breakdown of the main groups who can apply:

• Descendants of Exiled Spaniards

  If your parent or grandparent was originally Spanish and lost or renounced their nationality because of political exile, you qualify under this law.

• Descendants of Spaniards, Regardless of Exile

  Here’s an often-overlooked provision: the law also applies to descendants of Spaniards even if they didn’t lose or renounce their citizenship. This part has caused confusion, but the Spanish government clarified that political exile is not always a requirement. For further details, you can view the official document here.

• Children of Spanish Women Who Lost Their Citizenship by Marriage

  Before 1978, Spanish women who married foreign nationals automatically lost their Spanish citizenship. If your mother or grandmother was affected by this, you could qualify to reclaim it.

• Descendants of Those Who Gained Citizenship Through the 2007 Historical Memory Law

  If your parents became Spanish citizens under the earlier Historical Memory Law, you, as their adult child, may also apply for citizenship.

Important Details to Keep in Mind

This law is an excellent opportunity, but it requires preparation and time. Here’s what you need to know:

1. Deadline

Originally set for October 2024, the deadline has been extended by one year, allowing applications until October 21, 2025 . As of today, we do not know whether the deadline will be extended past October 2025—so if you’re interested in applying, reach out to us as soon as possible.

Gathering the necessary documents can take months, especially if you need to track down older or archived records from Spain or another country.

2. Where to Apply

You’ll need to submit your application at the Spanish consulate in the country where you reside.

3. No Residency or Language Requirement

Unlike other paths to Spanish citizenship, you don’t have to live in Spain to qualify under this law. This makes it especially appealing for those who want to maintain their current residence while securing Spanish (and EU) citizenship. Similarly, this pathway doesn’t require passing a Spanish language test or a cultural knowledge exam, which simplifies the process for many applicants.

4. Documents You’ll Need

The exact requirements can vary depending on the consulate and the specific clause of the Law of Democratic Memory you apply under. Broadly speaking, you’ll need:

• Your birth certificate
• Your passport and your parent’s passport
• Your ancestor’s Spanish birth certificate (or other proof of their Spanish nationality)
• Proof of exile (if applicable): This could include documents showing that your ancestor fled Spain due to political persecution
• Marriage certificates or other documents to establish relationships between generations
• Naturalization papers (if applicable)
• Application forms

Each case is unique, and you may need additional paperwork depending on your specific situation.

The Grandchildren’s Law has generated enormous interest globally, especially in countries with large populations of Spanish descendants like Argentina, Mexico, and Cuba. As of March 2024, over 300,000 applications had already been submitted, with 40% coming from Argentina alone.

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