Spanish nationality by option and under the Democratic Memory Law

Many people assume that becoming Spanish means living here legally for years and passing the Instituto Cervantes exams (the official Spanish language and civics tests). That is not always the case. Where there is a link of parentage or blood with a Spanish person, the law opens two routes of its own: nationality by option and nationality under the Democratic Memory Law. Neither of them requires you to have lived in Spain.

They are separate procedures, each with its own requirements and deadlines. This guide explains who can use each one, what documents are asked for and where each of the two routes stands today, as at 16 July 2026.

Option is the right of certain people to declare that they wish to be Spanish, without having to prove years of residence. Article 20.1 of the Código Civil recognises this right for three groups: (a) people who are or have been under the parental authority of a Spanish national; (b) people whose father or mother was originally Spanish and was born in Spain; and (c) people whose parentage or birth in Spain is established after the age of 18, or who are adopted by Spanish nationals after the age of 18.

The most common case is that of a minor whose parent acquires or recovers Spanish nationality: while the child is under that parent's parental authority, the child can opt. Also common is the option of someone with a father or mother who was originally Spanish and born in Spain, a situation which, as explained below, has no age limit.

The deadline depends on the situation. As a general rule, the right to opt on the basis of having been under the parental authority of a Spanish national lapses when the person turns 20; if under their personal law they are not emancipated on turning 18, the deadline runs until 2 years have passed since emancipation. Where parentage or birth in Spain is established after the age of 18, the deadline is 2 years from that event. By contrast, the option of someone with a father or mother who was originally Spanish and born in Spain is not subject to any age limit and can be exercised at any time.

For the option to be valid, a person over 14 must swear or pledge loyalty to the King and obedience to the Constitution and to the laws, and as a general rule renounce their previous nationality (nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and Sephardic Jews, are among those exempt). The acquisition must be entered in the Registro Civil (the Spanish civil registry). The application is filed with the Registro Civil for the applicant's place of residence or, if you live outside Spain, with the Spanish Consulate that covers your area.

The eighth additional provision of Ley 20/2022, de 19 de octubre, de Memoria Democrática (the Spanish Democratic Memory Act, known as the Ley de Nietos or Grandchildren's Law) opened an extraordinary route to Spanish nationality of origin. Unlike ordinary option, a person who obtains it is Spanish by origin and is not required to renounce their other nationality.

Three groups could use it: people born outside Spain to a father, mother, grandfather or grandmother who was originally Spanish and who lost or renounced Spanish nationality because of exile or for reasons of politics, ideology, belief or sexual orientation; the sons and daughters of Spanish women who lost their nationality by marrying a foreign national before the Constitution of 1978 came into force; and the adult sons and daughters of people who obtained or recovered Spanish nationality under this same law or under the earlier Ley de Memoria Histórica of 2007 (the Historical Memory Act).

The eighth additional provision was time limited. It was open from 21 October 2022 and, after a 1-year extension approved by the Consejo de Ministros (the Spanish cabinet), it closed on 22 October 2025 at 23:59. Since 23 October 2025 no new applications have been accepted through this route, either at the Registros Civiles in Spain or at the Consulates.

There is an important nuance: people who requested an appointment (cita previa, the booked slot Spanish offices work by) within the deadline, up to 22 October 2025, and who still hold the receipt proving it can still file and complete their documents after that date. If that is your situation, or your file is already being processed, Managora can help you gather and file the documentation. If you did not book an appointment in time, this route is no longer available and it is worth looking at whether nationality by option or by residence applies to you.

Managora studies your family tree and your documents to work out which route applies to you and how likely it is to succeed. We gather and review birth and marriage certificates and, where relevant, the evidence of exile or of loss of nationality, we handle the legalisations, apostilles and official translations needed, and we prepare the application in the official format.

We then file the case with the Registro Civil or the Consulate that applies and stay with you until your nationality is registered. You can check the specific requirements, the documents required and the current price on the page for each service: nationality by option and nationality of origin under the Democratic Memory Law. You do not have to handle anything on your own.