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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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VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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