Practical guide to Spanish nationality
7 pathways to Spanish citizenship after the Ley de Nietos closure
The Eighth Additional Provision of Law 20/2022 closed definitively on 22 October 2025. These are the alternatives that remain open.
What the Ley de Nietos was and why it closed
Closed on 22 Oct 2025
The Eighth Additional Provision of the Law 20/2022 on Democratic Memory (BOE-A-2022-17099) granted the right to opt for Spanish nationality to grandchildren of those who suffered exile or repression during the Civil War and dictatorship. The original two-year period was extended by one year and expired on 22 October 2025 with no new extensions.
7 routes remain open
The closure of the Ley de Nietos does not mean all options are gone for descendants of Spaniards. The Civil Code keeps various routes for acquiring nationality fully available, from direct filiation to naturalisation by residence. In many cases, the correct route is faster than the Ley de Nietos itself was.
Important: Spanish nationality is individual. The fact that a family member obtained nationality through the Ley de Nietos creates no derived right for their relatives. Each applicant must independently demonstrate the requirements for whichever route applies to them.
The 7 routes available in 2026
Routes highlighted in navy are especially relevant for descendants of Spanish emigrants.
Filiation (nationality of origin)
Key for descendantsArt. 17.1.b) Spanish Civil Code
You are the child of a father or mother who was Spanish at the time of your birth. Nationality is acquired by origin — no requirement to reside in Spain. There is no expiry deadline. The application is made at the Spanish Civil Registry or the Spanish Consulate in your country of birth. This is the most direct and legally robust route.
Watch out: Applies only if your parent held Spanish nationality at the time of your birth, not if they had already lost it before then.
Residence
None
Est. timeline
Registration process (not naturalisation)
Option (originally Spanish parent born in Spain)
Key for descendantsArt. 20.1.b) Spanish Civil Code
You have the right to opt for Spanish nationality if your father or mother was originally Spanish AND was born in Spain. This option does not expire. No prior residence in Spain is required.
Watch out: COMMON TRAP: if your Spanish parent was born OUTSIDE Spain (for example, in Argentina because their family had already emigrated), this route does not apply. The "born in Spain" condition refers to the parent, not the applicant.
Residence
None
Est. timeline
6 to 18 months (Civil Registry)
Reduced 1-year residence (descendant of a Spaniard)
Key for descendantsArt. 22.2.f) Spanish Civil Code
If you were born OUTSIDE Spain and your father, mother, grandfather, or grandmother was originally Spanish, you can apply for naturalisation after just 1 year of lawful and continuous residence in Spain — compared to 10 years under the general regime. This is the realistic route for most grandchildren of Spaniards after the Ley de Nietos closure. Requirements include DELE A2 or higher, the constitutional and civic knowledge test (CCSE), and a clean criminal record from your home country. Non-EU nationals must first obtain a residence permit (for example, a non-lucrative visa, digital nomad visa, or family reunification).
Residence
1 year
Est. timeline
12 to 24 months from obtaining the residence permit
2-year residence for Ibero-Americans and equivalent nationals
Art. 22.1 Spanish Civil Code
Nationals of Ibero-American countries (Argentina, Venezuela, Colombia, Mexico, Cuba, Chile, Ecuador, Peru, Uruguay, Paraguay, Bolivia, Dominican Republic, Honduras, Guatemala, El Salvador, Nicaragua, Costa Rica, Panama, Puerto Rico), Andorra, the Philippines, Equatorial Guinea, or Portugal need only 2 years of lawful and continuous residence. This is the fastest gateway for those who already live in Spain or can relocate. The same linguistic and civic requirements as the general regime apply.
Residence
2 years
Est. timeline
24 to 36 months from obtaining the residence permit
General 10-year residence
Art. 22.1 Spanish Civil Code (general regime)
For any foreigner not covered by the routes above: 10 years of lawful and continuous residence in Spain. Although this is the longest route, it is open to any profile. The period can be counted from the first residence permit obtained.
Residence
10 years
Est. timeline
10 years of residence plus 1 to 3 years of processing
Sephardic Jews (Law 12/2015)
ClosedLaw 12/2015 of 24 June
The application window under Law 12/2015 for Sephardic Jews of Spanish origin closed in October 2019 (with three additional years for documentation). Outstanding applications were resolved through approximately 2021. It is mentioned here for its historical significance: it allowed tens of thousands of Sephardic descendants to recover Spanish nationality without needing to reside in Spain.
Residence
No residence required
Est. timeline
CLOSED
Letter of naturalisation (carta de naturaleza)
Art. 21.1 Spanish Civil Code
Granted by Royal Decree on the proposal of the Ministry of Justice when exceptional circumstances are present. There is no enforceable subjective right: it is a grace of the Executive. It has been used for descendants of exiles with special merits, victims of political persecution, and other singular cases. BMC advises on whether the client's profile can support a reasoned application, given the inherent uncertainty of the outcome.
Residence
Not regulated
Est. timeline
Variable (discretionary government decision)
Comparison of the 7 routes
Summary of key requirements per route. Timeline shown is from the start of the process, not from the residence period alone.
| Route | Residence | Permit needed | Profile | Status |
|---|---|---|---|---|
| Filiation (art. 17 CC) | None | No | Child of a Spaniard | Open |
| Option (art. 20.1.b CC) | None | No | Child of Spaniard born in Spain | Open |
| 1-year residence (art. 22.2.f CC) | 1 year | Yes (non-EU) | Grandchild/child of Spaniard born abroad | Open |
| Ibero-Americans 2 years (art. 22.1 CC) | 2 years | Yes (non-EU) | Ibero-American nationals and equivalents | Open |
| General 10 years (art. 22.1 CC) | 10 years | Yes | Any foreigner | Open |
| Sephardic Jews (Law 12/2015) | Not required | No | Sephardic Jews of Spanish origin | Closed |
| Letter of naturalisation (art. 21.1 CC) | Not regulated | No | Exceptional circumstances | Discretionary |
Data updated July 2026. Always confirm requirements with an immigration specialist before starting any process.
How to identify which route applies to your case
Your father or mother was Spanish
The first route to analyse is filiation (art. 17 CC) if your parent held Spanish nationality at the time of your birth, or the option right (art. 20.1.b) if your parent was originally Spanish and was born in Spain. Neither requires residence.
Your grandfather or grandmother was Spanish
The primary route is art. 22.2.f CC: only 1 year of residence in Spain if your grandfather or grandmother was originally Spanish. If you are an Ibero-American national, the period is 2 years (art. 22.1). Both routes require a residence permit first.
You are an Ibero-American national without Spanish ancestry
The comparative advantage of art. 22.1 CC (2 years' residence rather than 10) is open to any Ibero-American national, regardless of whether they have Spanish ancestry. It is the most direct route if you already live in Spain or can relocate here.
Exceptional circumstances
If the profile includes special merits or circumstances (documented political persecution, cultural contribution, recognised victims of conflicts involving Spain), BMC analyses whether a letter of naturalisation (art. 21.1 CC) is viable and advises on drafting the reasoned application.
Frequently asked questions
Could the Ley de Nietos be reopened?
As of July 2026, there is no legislative proposal in progress to reopen the Eighth Additional Provision of Law 20/2022. The Government stated in October 2025 that the one-year extension had been the final one. We do not recommend waiting for a potential reopening: the alternative routes have their own requirements and timelines that should be analysed as soon as possible.
Can I join the file of a family member who already obtained nationality through the Ley de Nietos?
No. Spanish nationality is individual. The fact that a family member obtained nationality through the Ley de Nietos creates no derived right for their relatives. Each applicant must independently demonstrate the requirements for whichever route applies to them.
What is the difference between filiation and the Ley de Nietos?
Filiation (art. 17 CC) applies to CHILDREN of a Spaniard and requires neither a special deadline nor residence. The Ley de Nietos (now closed) applied to GRANDCHILDREN of Spaniards who went into exile during the Civil War or dictatorship. These are different legal cases. If you are the child of a Spaniard, filiation remains fully open.
What is the 1-year reduction under art. 22.2.f and who exactly qualifies?
Article 22.2.f of the Civil Code allows naturalisation after just 1 year of lawful residence for anyone born outside Spain whose father, mother, grandfather, or grandmother was originally Spanish. This is the most relevant route for grandchildren of Spaniards after the Ley de Nietos closure. Do not confuse it with filiation (art. 17): the 1-year route DOES require residence in Spain, unlike filiation, though just 1 year rather than 10 under the general regime.
Does the Ibero-American 2-year route require any link with Spain beyond residence?
No. Any national of an Ibero-American country (Argentina, Venezuela, Colombia, Mexico, and others), Andorra, the Philippines, Equatorial Guinea, or Portugal can naturalise with 2 years of lawful and continuous residence, without needing to show any Spanish ancestor. The standard requirements apply: good civic conduct, integration in Spanish society (DELE A2), no criminal record in Spain or the home country, and renunciation of the previous nationality (unless an applicable treaty or home-country law permits dual nationality).
How long does the process typically take once the residence requirement is met?
Once the required residence period has been completed, processing the nationality file at the Civil Registry can take an additional 1 to 3 years, depending on the competent court and its workload. At BMC, we manage the complete file and monitor it actively to avoid delays caused by incomplete documentation or unanswered administrative requests.
Can BMC manage the process if I live outside Spain?
Yes. The majority of our clients on nationality files live in Latin America, Europe, or North America. We carry out the diagnostic consultation by video call, coordinate the collection of documents in the home country, and file the application at the relevant Spanish Consulate or at the Civil Registry once residence in Spain is established.
We assess your case before any filing
A prior diagnosis avoids investing time and money in non-viable routes. BMC identifies which route applies to your profile and manages the complete file from wherever you are.