Spanish Nationality

Law 20/2022 of 19 October 2022, on Democratic Memory, already in force, commonly known as the “Law of Grandchildren” grants nationality to the children and grandchildren of Spaniards and has a reparative intention, including the plurality of conscience and social reflection.

The law establishes, in its Article 8, the possibility of acquiring Spanish nationality by choice, presenting quite significant differences in comparison with what is set forth in the Spanish Civil Code, which regulates matters of Spanish nationality.

Main features:

• It confers the quality of Spanish of origin with effect from the date of acquisition;
• It is not necessary to prove the birth of the parent in Spain;
• Does not require renunciation of previous nationality;
• There is no age limit for exercising the right.

The instruction that develops the aforementioned law, issued by the Directorate of Legal Security and Public Faith on October 25, 2022, establishes the framework for the practical interpretation of law enforcement, and expands the assumptions for the exercise of the right, giving a good overview more favourable than the law itself.

Thus, if at first the reason for the Law was aimed at those who had suffered exile for political and ideological reasons, belief or sexual orientation, currently, the instruction allows Spanish nationality to the grandchildren and children of Spaniards who emigrated and to whom they it had been impossible to acquire Spanish nationality previously.

Therefore, regardless of the reasons for leaving, in practice, the law will grant nationality to all children and grandchildren of Spaniards.

These are the assumptions covered by the law:

• Persons whose father or mother had been Spanish by origin may opt for Spanish nationality.
• Those born outside Spain to a father or mother, grandfather or grandmother, who were originally Spanish and who, as a result of political exile, lost their Spanish nationality.
• Children born to foreigners of a Spanish mother who lost her nationality as a result of marriage to a foreign citizen, before the entry into force of the 1978 Constitution.
• Children of legal age, of Spaniards who opted for Spanish nationality, in accordance with the provisions of the Historical Memory law and for whom Spanish nationality was prohibited to date.

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