Obtaining Spanish nationality by descent

The Democratic Memory Law allows grandchildren of Spaniards living abroad to obtain Spanish nationality until October 2025. In this article, we explain everything you need to know to apply for Spanish nationality by descent through this procedure.

How to obtain Spanish nationality

Spanish nationality is governed by the principleRight of Blood (right of blood), unlike the United States modelRight of the Sun (right of soil). The right of blood determines that nationality at birth derives from the nationality of the parents, so that Spanish parents give Spanish children. This implies inheriting the nationality of the Spanish father, mother, grandfather, or grandmother, simply by being a son or grandson (this also applies to adopted children).

Regulatory Evolution: From Historical Memory to Democratic Memory

• Historical Memory Law (2007): Established a transitional period until 2011 for children and even grandchildren of exilesobtainednationality by choice, but with limitations.
• Democratic Memory Law (2022): Its eighth additional provision extends the right of option to children, grandchildren or great-grandchildren of original Spaniards who lost their nationality due to exile, renunciation or marriage (before 1978), as well as to other situations arising from political, ideological or sexual identity exile.

In short, the law corrects a historical debt, facilitating generational reunion with Spanish citizens.

New path to obtaining Spanish nationality until October 2025

The Spanish nationality by descenthas historically been an important legal avenue for people born abroad to acquire Spanish citizenship. The recentDemocratic Memory Law, enacted in October 2022, has opened an exceptional window: it allows children,grandchildren and even great-grandchildren of exilesregain Spanish nationalityuntil October 21, 2025, a date that extends a transitional period and revives historical rights. Here we explain the legal framework, specific cases, requirements, and procedures, with special emphasis on the impact of the 2022 law and its practical relevance for those aspiring to recover their Spanish roots.

Who can apply for Spanish nationality by descent?

The new regulations establish several clear assumptions:

Loss ofSpanish nationality due to political exile

Born outside of Spain to a father, mother, grandfather, or grandmother who was or is Spanish by origin, and who lost their nationality due to political exile or voluntary renunciation. 

Loss of Spanish nationality for marrying a foreigner

Descendants of Spaniards who lost their nationality by marrying a foreigner before the 1978 Constitution (especially exiled or emigrated women). 

Children of naturalized citizens whoThey were unable to opt before turning 18.

Adult children of people who regained their nationality thanks to Historical or Democratic Memory, and who were unable to opt for citizenship before turning 18. 

Nminor grandchildren and great-grandchildren of naturalized citizens

Minors whose parents regained their nationality, regardless of other criteria. 

These assumptions allow broad generations, including grandchildren and great-grandchildren, to access citizenship of origin without strict generational limits, although with specific conditions depending on the case.

The right applies until October 21, 2025. It is essential to make an appointment before that date.

Although the appointment must be requested before October 22, 2025, the application process can continue until 2029, according to an instruction from the Ministry of Foreign Affairs, with proof of appointment as a guarantee.

Steps to obtain Spanish nationality by descent through the Democratic Memory Law

Documentation to be submitted to apply for Spanish nationality

• Literal birth certificate of the applicant and the ancestor involved (father, mother, grandfather or grandmother), issued in advance (6-12 months) and legalized with an apostille.
• Current identity document (passport, DNI or NIE) of the applicant.
• Criminal record certificate from the country of residence and the countries in which you have resided, if applicable.
• Official form (Annexes I, V, declaration sheet) available at consulates, completed without signature (signed at the appointment).
• Declaration of loyalty to the King and the Constitution.
• Renouncement of another nationality, if so requested by the applicant.

Steps to apply for Spanish nationality

1. Document preparation: Gather and legalize all documents, including any necessary official translations.
2. Online registration and appointment: Register at theconsular platformand request an appointment before 10/21/2025. Proof of your appointment is crucial, as it allows you to extend the process until 2029.
3. In-person presentation: During the appointment at the consulate, the documents are submitted and the declaration of option is signed.
4. Internal processing: The consulate forwards the file to the Civil Registry in Spain. The legal deadline for resolution is six months, although in reality it may be longer.
5. Resolution: If granted,The applicant registers his new nationalityand may choose to comply with formalities such as the oath of allegiance or registration. If the request is denied or documentation is missing, an appeal may be filed.
6. Registration and final documents: After granting the birth certificate, the Civil Registry registers the birth certificate with the nationality of origin in the Central Registry, and then the DNI and passport can be requested.

Specific requirements and variants

Most applicants based on descent are exempt from the DELE (A2) language and culture exam and the CCSE course, with some exceptions. These requirements are mandatory only for naturalization, not for naturalization by descent.

Minors acquire citizenship directly if their parents obtained it before they reached adulthood. The forms and declarations must be signed by their parents.

For cases outside the scope of the Democratic Memory Law, such as children of Spaniards whose father/mother was born in Spain, there is no time limit.

Comparison: before and after 2022