5 noviembre 2026
Desde Estados Unidos
Spanish Citizenship by Descent in 2026: Routes After the Grandchildren’s Law
Updated November 5, 2026
Quick answer. The so-called grandchildren’s law, the Democratic Memory Law, closed to new applications on October 22, 2025, and it has not been extended. That does not close every door. If your father or mother was Spanish when you were born, you are already Spanish and only need to register. If a parent was born in Spain as a Spaniard, you can still opt for Spanish nationality. And if you have a Spanish parent or grandparent of origin, you can become Spanish after just one year of legal residence in Spain.
The short version
Grandchildren’s law. Closed on October 22, 2025. Applications filed in time are still being processed. Nobody can file a new one today.
Your parent was Spanish when you were born. You are Spanish by origin. You register your birth at the Spanish consulate and get your passport.
Your parent was born in Spain and was originally Spanish. You can opt for nationality under article 20 of the Civil Code, with no age limit.
Your grandparent was originally Spanish. You need only one year of legal residence in Spain instead of ten. Getting that first residence permit is the real work.
In this guide
What happened to the grandchildren’s law
The Democratic Memory Law (Law 20/2022, additional provision eight) let children and grandchildren of Spaniards who left Spain apply for nationality of origin from abroad, without living in Spain and without any language test. The window opened in October 2022 and, after one extension, closed on October 22, 2025.
- If you filed in time, your application is still alive. Spanish consulates in the US are working through a large backlog, and some are well over a year behind. We follow the queues in Miami, Houston, New York and Chicago in our guide (in Spanish) on grandchildren’s law files at US consulates.
- If you requested an appointment before the deadline and your appointment came later, the consulate could still accept your documents on that date.
- If you did not apply, that route is gone. Reopening it would need a new law.
Watch out for offers to "get you in". Since the deadline passed, some agencies still sell grandchildren’s law applications. Nobody can file one today. If someone offers it, walk away.
Which route fits your family
| Your situation | Route | Do you need to live in Spain? |
|---|---|---|
| Your father or mother was Spanish when you were born, wherever you were born | Spanish by origin (Civil Code, art. 17). You register your birth. | No |
| Your father or mother was originally Spanish and was born in Spain | Option (art. 20.1.b). No age limit. | No |
| You are, or were, under the parental authority of a Spaniard (for example, your parent became Spanish while you were a minor) | Option (art. 20.1.a). Must be exercised before you turn 20, or within two years of reaching adulthood under your country’s law. | No |
| Your father, mother, grandfather or grandmother was originally Spanish | Residence of one year (art. 22.2.f) | Yes, one year of legal residence |
| Your parent got Spanish nationality through the grandchildren’s law | Your parent is Spanish by origin, so you can use the one-year residence route, or the option if you were a minor under their authority | Depends on the route |
| Only a great-grandparent was Spanish | No direct route. Check whether a parent or grandparent can become Spanish first. | Yes, through the general rules |
"Originally Spanish" means Spanish by origin: someone who was born Spanish, not someone who naturalized later. Most Spanish emigrants who left in the 20th century were Spaniards by origin, but the documents have to prove it. We explain the option route in detail (in Spanish) in Spanish nationality by option.
The one-year residence route, step by step
For most Americans with a Spanish grandparent, this is the realistic path now. The general rule for nationality by residence is ten years. Article 22.2.f of the Civil Code cuts it to one year for people born outside Spain whose father, mother, grandfather or grandmother was originally Spanish.
- Prove the family line. Gather the Spanish birth certificate of your parent or grandparent and the birth certificates that connect them to you.
- Get a residence permit in Spain. Tourist stays do not count. The year has to be legal residence. See the next section.
- Live in Spain for one full year, legally and continuously, right before you apply. Short trips are fine; long absences can break the year.
- Pass the exams. The CCSE test on the Constitution and Spanish society and, as a native English speaker, the DELE A2 Spanish exam. Both are run by the Instituto Cervantes.
- Apply online to the Ministry of Justice with your documents, criminal record certificates and exam results.
- Swear allegiance once the nationality is granted, and register at the Spanish Civil Registry. Then you can apply for your Spanish ID card and passport.
The year starts with the permit, not with your arrival. Plan the residence permit first. The day it takes effect is the day your one-year clock starts ticking.
How to get the residence permit first
You have several ways to live legally in Spain during that year. Pick the one that fits how you will support yourself:
- Job-search visa for children and grandchildren of Spaniards of origin. Spain’s immigration regulations offer a 12-month visa to look for work, designed for descendants of Spaniards. It lets you move and then switch to a work permit once you find a job.
- Non-lucrative visa, if you can live on savings, pensions or passive income. See our Spain non-lucrative visa guide.
- Digital nomad visa, if you work remotely for clients or an employer outside Spain. See our Spain digital nomad visa guide.
- Student stay, highly qualified professional permit or entrepreneur residence, depending on your plans. We compare them in Moving to Spain from the US.
Not every permit counts the same way for nationality. A student stay, for example, is a "stay", not a "residence", and does not count toward the year. Choose a residence permit.
Documents you will need
- Your birth certificate and your parents’ marriage certificate, apostilled. US vital records must be apostilled by the Secretary of State of the state that issued them.
- The Spanish birth certificate of your Spanish parent or grandparent, in its long form (certificación literal), from the Spanish Civil Registry.
- Every link in between, for example your parent’s birth certificate if the Spaniard is your grandparent.
- Proof that the ancestor was Spanish by origin when it matters, for example if they later became a citizen of another country.
- Criminal record certificates: the FBI Identity History Summary, apostilled by the US Department of State, and the Spanish one.
- Your residence permit card (TIE) and proof of your year in Spain, such as your municipal registration (padrón).
- DELE A2 and CCSE certificates.
- Sworn translations into Spanish of every document not in Spanish.
Can you keep your US citizenship?
It depends on the route.
- Spanish by origin through a Spanish parent (art. 17): you are not asked to renounce anything. You keep your US citizenship.
- Option and residence: Spain asks you to declare that you renounce your previous nationality, unless you are a national of an Ibero-American country, Andorra, the Philippines, Equatorial Guinea, Portugal or France. The US is not on that list.
The United States does not treat that declaration made before a Spanish official as giving up US citizenship. In practice, most Americans keep both passports. Spain, however, will treat you as Spanish only. If you plan to use your US passport in Spain, or have a security clearance or a job that depends on your citizenship, talk to us before you swear.
Frequently asked questions
Is there any way to apply under the grandchildren’s law in 2026?
No. The deadline was October 22, 2025, and it was not extended. Only applications filed in time, or with an appointment requested before that date, are being processed.
My grandmother was born in Spain. Do I have to live in Spain to become Spanish?
Yes, for one year. With a grandparent who was originally Spanish, you qualify for nationality after one year of legal residence in Spain instead of the usual ten.
My father was born in Spain. Can I get Spanish citizenship without moving?
Yes. If your father or mother was originally Spanish and born in Spain, you can opt for Spanish nationality at the consulate, with no residence requirement and no age limit.
Do I need to speak Spanish?
For the one-year residence route, yes: you need the DELE A2 certificate, a basic level, and the CCSE test. For registration as a Spaniard by origin, no exam is required.
How long does the one-year route take in total?
Count on one year of residence plus the time the Ministry of Justice takes to decide, which in practice is often more than a year. Getting the residence permit adds a few months at the start.
Will I lose my US citizenship?
Generally no. The US does not treat the renunciation declaration made to Spain as a loss of US citizenship. Spain will consider you only Spanish when you are in Spain.
Let’s talk about your case
Shall we find your route to Spanish citizenship?With your family documents on the table, in one session you will know whether you are already Spanish, whether you can opt, or how to plan your year of residence.
Book a consultation in EnglishFélix José España González · Lawyer registered with the Madrid Bar Association (ICAM), no. 127450Legal framework
- Spanish Civil Code, articles 17, 20, 22 and 23 (nationality).
- Law 20/2022, of October 19, on Democratic Memory, additional provision eight.
- Royal Decree 1155/2024, of November 19, approving the Regulation of Organic Law 4/2000 on foreigners.
- Instituto Cervantes: DELE A2 and CCSE exams.
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Despacho español · Extranjería, nacionalidad y fiscalidad · Madrid
ICAM 127450
Somos un despacho español, no una gestoría ni una agencia, dirigido por Félix José España González, abogado colegiado nº 127450 del Ilustre Colegio de la Abogacía de Madrid, y tramitamos ante la Administración española desde España. Atendemos por videollamada en horario de Estados Unidos: Este, Centro y Pacífico.
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Ámbito de este contenido
España Abogados es un despacho español. Nuestra habilitación profesional y nuestra experiencia están en el ordenamiento jurídico español, en extranjería, nacionalidad y fiscalidad, y tramitamos ante la Administración española. No somos abogados de inmigración de Estados Unidos ni asesoramos sobre el ordenamiento jurídico estadounidense.
Cuando en este artículo explicamos normas de Estados Unidos es para que entiendas qué está en juego antes de decidir, nunca como asesoramiento sobre tu caso allí. Todo lo relativo a tu situación migratoria en Estados Unidos debes consultarlo y verificarlo con tu abogado de inmigración de confianza en Estados Unidos, que es el único que puede analizar tu expediente y actuar ante USCIS, EOIR o los tribunales estadounidenses. Trabajamos de forma coordinada con él.
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