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SPANISH CITIZENSHIP

When’s the deadline for Spanish citizenship through the Grandchildren’s Law?

The combination of a surge in applications and complicated administrative procedures has forced the Spanish government to move the deadline for Spanish citizenship through the Grandchildren's Law.

When's the deadline for Spanish citizenship through the Grandchildren's Law?
Photo: Francesco Zivoli/Unsplash.

The Spanish government has extended the deadline to apply for citizenship through the Grandchildren’s Law (Ley de Nietos in Spanish) until the end of 2025.

The application window was initially scheduled to run until October 2024 but was pushed back to allow for bureaucratic processes to run their course amid a rise in applications.

The Grandchildren’s Law allows for descendants of Spaniards who fled Spain during the Civil War and Franco’s dictatorship to claim Spanish citizenship without ever having lived there.

Spain’s Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, announced on February 29th that the deadline to apply will be extended for another year. The Grandchildren’s Law was included as part of the broader Law of Democratic Memory, sometimes called the Historical Memory Law, passed in October 2022.

It is a piece of wide-ranging but controversial legislation that aims to settle Spanish democracy’s debt to its past and deal with the complicated legacies of its Civil War and the dictatorship of Francisco Franco, which lasted from 1939 to 1975.

READ ALSO: Spain’s new ‘grandchildren’ citizenship law: What you need to know

The Minister also acknowledged that the administrative procedures involved in obtaining Spanish nationality are not simple, and that the upcoming deadline “will be extended so that these processes can be carried out.”

So far, at least 69,000 people have received Spanish nationality around the world, mostly in Latin American countries. When the Democratic Memory Law was passed it was estimated that the legislation would allow as many as 700,000 foreigners with Spanish lineage to get Spanish citizenship.

The subsequent surge in applications presented some administrative difficulties, however, especially due to the fact the vast majority of these applications are made from abroad, and in 2023 the Spanish press reported that the sheer number of applicants meant that procedures were ‘relaxed’.

READ ALSO: Why Spain’s new citizenship law is running into problems

This, in turn, led to concerns that there might have been possible document falsification.

The surge for citizenship, termed “massive nationalisations” in the Spanish press, led to alleged ‘procedural relaxation” that could “open the door to a lawsuit for alleged prevarication and false documentation” and even “provoke a question of unconstitutionality,” according to la Asociación por la Reconciliación y la Verdad Histórica, a group that has been opposed to Historical Memory legislation since the original law back in 2007.

READ ALSO: Descendants of International Brigades can get fast-track Spanish nationality

Who is eligible for the grandchildren’s law?

Who is eligible for Spanish citizenship under the new law? There are a number of groups included.

  • Children or grandchildren born outside Spain to a Spanish father, mother, grandfather, or grandmother who was exiled and left Spain due to ‘physical, moral or psychological damage, economic damage or the loss of fundamental rights’, or renounced their Spanish nationality.
  • People born outside Spain to Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution was established.
  • The adult sons and daughters of Spaniards who gained nationality due to the 2007 Democratic Memory law.

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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