Since the entry into force of the Democratic Memory Law, thousands of children or grandchildren of Spaniards have applied to different Spanish consulates to obtain the long-awaited Spanish citizenship, and there are still thousands more waiting for their appointments to present their applications.
The good news is that, in addition to the typical case of originally Spanish children or grandchildren, there are two specific cases that would allow great-grandchildren to apply as well.
First of all, Spanish citizenship is a citizenship of the “ius sanguinis” type (by blood). This means that it does not matter in which territory we are born; If our father or mother is Spanish, we have the right to recognition of our citizenship as Spanish. The importance of this concept means that the application of the current Democratic Memory Law is interpreted in a favorable way for the applicants and, therefore, those born to a Spanish father or mother are considered originally Spanish, regardless of whether they were born in Spain or in the outside.
To bring it down to a specific case: if my great-grandfather was Spanish, he emigrated and my grandfather was born in another country, my grandfather is considered originally Spanish as long as my great-grandfather has not renounced his citizenship at the time of said birth. This allows certain cases in which the grandchild is already deceased to be viable if it is demonstrated that the great-grandfather had not renounced his or her citizenship at the time of the birth of his or her son or daughter. However, it is important to note that this can only apply to the case of male great-grandparents, since women did not transmit citizenship before 1978.
Secondly, if the grandson appears first and takes advantage of this law, the adult child (great-grandson) can apply for citizenship. This assumption is contemplated in Annex III, which also corrects the right of all those adult children whose parents applied under the Historical Memory Law of 2007, but adult great-grandchildren were not allowed to appear.
The procedure for this case depends on the Spanish Consulate where you apply. For example, the Spanish Consulate in Buenos Aires allows adult children whose parents are applicants to apply, presenting proof that the grandchild has already submitted her folder to said consulate. The Spanish Consulate of Bahía Blanca, unlike others, allows all applicants from the family group to apply together. Finally, the Spanish Consulates of Mendoza, Córdoba and Rosario require that adult children request the appointment once the grandson or granddaughter has already submitted their application.
Remember that, in any case, it is imperative to study each case exhaustively since, although the legislation seems simple, we must analyze the specific viability of each applicant and what is the best path to reach the much desired Spanish citizenship.
by CEDOC