Our lawyers have been receiving requests for information about this law for years, which has finally been approved.
Finally, after years of waiting, yesterday, Wednesday, October 5, the Spanish Senate approved the Grandchildren Law.
This Law is the continuation of the work that began the Law of Historical Memory by virtue of which thousands of people were able to obtain Spanish nationality, for being descendants of Spaniards.
From the wording of the Law it is understood that the children or grandchildren of Spanish nationals who were exiled and left Spain for political, ideological or belief reasons, having lost Spanish nationality due to said exile, could opt for nationality.
The sons and daughters of Spaniards born abroad, of Spanish women who lost their nationality by marrying foreigners, before the entry of the Constitution, could also submit an application for nationality. Before the Constitution, the Franco regime regulated that these women lose their nationality.
Likewise, the children of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the Law of Historical Memory (Seventh Additional Provision of Law 52/2007 of December 26) or of this Law of Democratic Memory.
Specifically, the last text in our possession indicated the following:
“1. Those born outside of Spain to a father or mother, grandfather or grandmother, who had originally been Spanish, and who, as a result of having suffered exile for political, ideological or belief reasons or sexual orientation and identity, had lost or renounced the Spanish nationality, may opt for Spanish nationality, for the purposes of article 20 of the Civil Code. Likewise, people who are in the following cases may acquire Spanish nationality:
a) The sons and daughters born abroad of Spanish women who lost their nationality for marrying foreigners before the entry into force of the 1978 Constitution.
b) The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this Law or the Seventh Additional Provision of Law 52/2007, of December 26.”
We are also enclosing a link that directs to the rule that was entered in the Senate in case any reader of the blog would like to review the model: https://www.senado.es/legis14/publicaciones/pdf/senado/bocg/BOCG_D_14_369_3321.PDF
We must indicate that the standard has not yet been published in the BOE, although it will be in the coming days.
Once we have the published text, we will carry out a more detailed study of which we will collect a summary in this blog.
Piñera del Olmo
Aribau 114, entlo 2a
Phone: +34 93 514 39 97
Fax: +34 93 127 07 66