Law 52/2007, known as the Law of Historical Memory, acknowledges the injustice represented by the exile of many Spaniards during the Civil War and Dictatorship.
Consequently, the seventh additional provision of said Law allows the optional acquisition of Spanish citizenship of origin by persons whose father or mother was originally Spanish and by the grandchildren of those who lost or were forced to forfeit their Spanish citizenship as a consequence of the exile.
There are three different applications for Spanish citizenship of origin:
Spanish law already allowed persons whose father or mother was originally Spanish and born in Spain to apply for Spanish citizenship.
The Law of Historical Memory extends the possibility of acquiring Spanish citizenship of origin to those whose mother or father was originally Spanish, even if they were not born in Spain.
Documents that must be provided by the interested parties
This covers those persons whose father or mother was born after the exiled grandfather or grandmother lost their Spanish citizenship. Therefore, their closest Spanish ancestor is a grandparent.
The Spanish grandfather or grandmother does not need to have been a Spanish citizen of origin.
Documents que han d'aportar els interessats
This certificate is solely for the purposes of linking the father or mother with the grandfather or grandmother.
Those persons who have already applied for derivative Spanish citizenship because their father or mother was originally Spanish and born in Spain, pursuant to Article 20.1 b) of the Civil Code, may now also choose to apply for Spanish citizenship of origin.
Documents that must be provided by the interested parties
Applicants must present the application on FORM III, which can be downloaded at this website. This form may also be obtained from the Spanish Embassy or Consulate General nearest your home External link.
The interested parties must print and fill out two copies of the application form corresponding to their specific case. They must present these, together with the relevant documentation, at the consular or municipal Spanish Civil Registry corresponding to the address of the interested party. A stamped copy will be returned to them as a receipt of presentation.
Should the requirements not be fulfilled upon presentation of the application for citizenship, the applicant is obliged to complete the documentation within a period of thirty calendar days from the request to do so.
Following the Agreement of the Council of Ministers of January 22, 2010 (BOE No 72 of 24.3.2010), which extended for one year the original deadline, the application may be submitted until December 27, 2011.
If the person in charge of the Civil Registry should reject the application for Spanish citizenship of origin due to failure to fulfil the requirements established by law, the interested party will be formally notified for the purpose of filing the corresponding appeal at the General Directorate for Registries and Notaries of the Ministry of Justice: Plaza Jacinto Benavente, no. 3 - 28071 Madrid.
The appeal may also be lodged at Spanish diplomatic representations or consular offices abroad.