Spanish Citizenship

  • Spanish Citizenship
Spanish_citizenship_law_202603251437

Spanish Citizenship: Democratic Memory and Descent Law

Spain offers various routes to citizenship for descendants of Spaniards and for foreigners with historical ties to the country. The Democratic Memory Law (Law 20/2022), in force since October 2022, has significantly expanded access to Spanish nationality for descendants of exiles and emigrants.

Sandra Koelln's law firm offers legal advice and support for Spanish citizenship cases, in Portuguese, German and English.

 

Democratic Memory Law (Law 20/2022)

A Democratic Memory Law grants the right to Spanish citizenship to descendants of Spaniards who emigrated or were exiled during the Civil War and the Franco dictatorship. The main categories to benefit are:

  • Children and grandchildren of Spanish origin, born abroad
  • Children of mothers who lost their Spanish citizenship by marrying foreigners (previous discriminatory legislation)
  • Children and grandchildren of exiles who have lost or had to renounce their Spanish citizenship for political reasons

Attention: the deadline for applying for citizenship under this law is limited. It is recommended that you start the process as soon as possible so as not to lose your right.

 

Other routes to Spanish citizenship

By Descent (Option)

People born abroad whose father or mother was Spanish can exercise the right to opt for Spanish nationality. This right must be exercised within certain legal time limits.

By residence

Foreigners legally resident in Spain can apply for naturalization after 10 years of continuous residence. This period is reduced to 2 years for nationals of Ibero-American countries (including Brazil), Portugal, Andorra, the Philippines, Equatorial Guinea and for descendants of Sephardic Jews.

By Wedding

Spouses of Spanish citizens can apply for citizenship after 1 year of legal residence in Spain, having been married for at least 1 year.

 

Required documentation

  • Birth, marriage and death certificates of the applicant and Spanish ascendants
  • Documents proving the ancestor's Spanish citizenship (DNI, passport, consular registration certificate)
  • For the Democratic Remembrance Act: documentation proving the exile or emigration of the ancestor
  • Documents translated into Spanish and apostilled (Hague Apostille)
  • Criminal record certificate

 

Frequently Asked Questions about Spanish Citizenship

Is the Democratic Memory Law still in force?

The law was passed in October 2022 with a specific application deadline for citizenship applications. It is essential to check the current deadlines, as they may be limited. Consult our office to confirm eligibility and the deadline applicable to your case.

I'm the great-grandson of a Spaniard. Do I have the right?

It depends on the route. The Democratic Memory Law mainly caters for children and grandchildren. For great-grandchildren, the strategy usually involves the grandchild acquiring citizenship first, and then the great-grandchild applying as a Spanish child. Each case must be analyzed individually.

Do Brazilians have an advantage when it comes to obtaining Spanish citizenship?

Yes. Nationals of Ibero-American countries, including Brazil, have a reduced period of residence for naturalization: only 2 years instead of 10. It is one of the most accessible routes for Brazilians who live or intend to live in Spain.

Can I have dual citizenship with Spain?

Yes, as long as the other citizenship is from an Ibero-American country (including Brazil). In these cases, Spain allows dual citizenship without the need to renounce it. For other nationalities, the rules vary.