Did you miss the deadline to apply for Spanish citizenship under the Law of Democratic Memory (Ley de Memoria Democrática)? You might think your chance is gone – but in fact, you may still be eligible to become a Spanish citizen.
Although the “Grandchildren’s Law” officially ended in October 2024, the Spanish Civil Code (Article 20) continues to provide a legal path to Spanish nationality for many descendants of Spaniards, including those living in the United Kingdom.
⚖️ Spanish Citizenship by Option – A Permanent Route
Spanish nationality by option is one of the simplest and most direct ways to acquire citizenship. It allows people with Spanish parents to formally declare their wish to be Spanish before the Civil Registry in Spain or a Spanish Consulate abroad.
Unlike the Memory Law, this route is not temporary – it is part of the Spanish Civil Code, meaning it remains available indefinitely for those who meet the legal requirements.
👨👩👧 Who Can Apply?
- You were born to a Spanish father or mother, even if they later lost Spanish nationality.
- Your father or mother was originally Spanish and born in Spain, even if they later became British or a citizen of another nationality.
- You were adopted by a Spanish citizen before turning 18.
- You were under the parental authority of a Spanish national.
If your parent was born in Spain, you may be entitled to Spanish nationality – even now.
💡 A Common Case: When a Parent Lost Spanish Nationality
Many people in the UK have mothers originally from Spain who lost their Spanish nationality upon marriage to a non-Spanish citizen.
Even in that case, you may still qualify for Spanish nationality under Article 20.1(b) of the Spanish Civil Code, because your mother was originally Spanish and born in Spain.
This is one of the most common and successful routes for descendants.
🌍 Can I Keep My British Nationality?
Yes – in practice, you can hold both nationalities.
While the Spanish authorities require a formal statement of “renunciation” of your current nationality, this is a procedural formality only. It does not cause you to lose your British citizenship, and you do not need to notify the UK authorities.
🇪🇺 Travel and EU Rights as a Spanish Citizen
As an EU citizen, you can enter and move freely within the Schengen Area without a visa or the 90/180‑day limit, using a valid Spanish passport or national ID card. You also have the right to live, work, and study in other EU/EEA countries and Switzerland, subject to local registration rules for stays over 90 days. Note that Ireland is not part of Schengen.
If you hold dual British–Spanish nationality, use your Spanish passport or DNI when entering Schengen (including Spain) to be processed as an EU citizen.
🕒 Why Apply Now?
Applying for Spanish nationality requires careful legal preparation, and collecting all the necessary documents from both Spain and the UK can take considerable time. Spanish consulates in the UK are currently operating at full capacity, which may result in longer processing times.
Acting now gives you the best chance of a smooth and timely application. The earlier you start, the sooner your documents can be sourced, reviewed, and your nationality confirmed. Don’t wait; beginning the process today can save months of delay.
The Spanish immigration legal team at Scornik Gerstein, Member of the Chamber, can guide you through the entire process – from assessing your eligibility to gathering your documents and submitting your application correctly to help ensure a successful outcome.
⚖️ How Scornik Gerstein Can Help
Scornik Gerstein is an Anglo–Spanish law firm based in the UK, specialised in Spanish nationality and immigration law, with extensive experience assisting British residents of Spanish descent.
Their services include:
- Eligibility assessment under Article 20 of the Spanish Civil Code.
- Document collection and legalisation in Spain and the UK.
- Application preparation and filing through the Spanish Consulate in London, Manchester, or Edinburgh.
- Ongoing advice until your nationality is granted.
✉️ Reconnect with Your Spanish Roots
Even though the Law of Democratic Memory has ended, your connection to Spain may still open the door to Spanish citizenship.
If your father or mother was born in Spain, you could still qualify for Spanish nationality by option – and we’d be delighted to help you through the process.
📩 Contact our Member Scornik Gerstein today
Find out whether you’re eligible to claim your Spanish citizenship.
t: +44 (0) 207 831 7070
m: +44 (0) 754 066 7073
e: london@scornik.com
Address:
9-10 Staple Inn Buildings | Holborn | WC1V 7QH | London | UK
Blog post written by Chamber Member, Scornik Gerstein LLP
