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What it is

Bill proposes Spanish citizenship for children and grandchildren of emigrants

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 20 June 2018. Introduced by: Senado.

Official title: Private member's bill on the granting of Spanish nationality to descendants born abroad of Spanish parents.

Follow this law

Source: Congreso de los Diputados, file 124/000005· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill seeks to repair cases of descendants of Spaniards who could not get citizenship under earlier laws, such as Law 52/2007, whose restrictive interpretation left out many grandchildren, especially of Spanish women.
  2. The bill would grant Spanish citizenship of origin by option to children of Spaniards born abroad, to grandchildren of emigrants (including women who lost or recovered their nationality) and to adult children of those who obtained citizenship under Law 52/2007. It would also allow people who did not confirm their citizenship upon turning adult to recover it.
  3. To prove descent, applicants must submit full birth certificates of themselves and of their Spanish parents or grandparents. If those relatives were born before 1870, a Spanish baptism certificate is accepted.
  4. The process starts by booking an appointment at the consulate or, for residents of Spain, at the Central Civil Registry, usually online. The Minister of Justice must decide within six months; if there is no answer, the application is deemed approved. After approval, applicants have 180 days to swear or promise loyalty to the King and the Constitution and, if required, renounce their previous citizenship.
  5. Applications must be resolved within a maximum of twelve months from the submission of all documents. In addition, the Ministry of Foreign Affairs would create a common electronic platform for booking appointments at consular civil registries.
  6. The bill would amend Articles 20, 23, 24 and 26 of the Civil Code to include these new cases of option and recovery, and would remove the residence-in-Spain requirement for emigrants and their children and grandchildren to recover citizenship. It would enter into force three months after publication in the official gazette (BOE).

Who it affects

  • Grandchildren of Spanish women who lost their citizenship by marrying a foreigner before the 1978 Constitution.: They could apply for Spanish citizenship of origin.
  • Adult children of people who obtained citizenship under Law 52/2007.: They could obtain citizenship by option, even if they were already adults when their parents exercised the right.
  • Grandchildren of emigrants who lost Spanish citizenship for economic reasons.: They could access citizenship by option.
  • People who did not confirm their Spanish citizenship when they turned adult.: They could recover it without having to live in Spain.

Words worth knowing

Opción (option)
A procedure by which someone entitled to Spanish citizenship claims it through a declaration, without having to live in Spain.
Nacionalidad de origen (citizenship of origin)
Being Spanish from birth because of Spanish parents or grandparents, not through later naturalization by residence.
Registro Civil (Civil Registry)
The public office where births, marriages and citizenship are recorded.
Ius sanguinis
The principle that grants citizenship based on that of one's parents, not on place of birth.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced20 June 2018Someone registers the text in the Congreso.
  2. Admitted26 June 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 June 2018Groups propose changes.
  4. Committee10 October 2018A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jun 2018Sept 2018Dec 201811. 20 June 2018: Presentación22. 26 June 2018: Comisión de Justicia Publicación desde 26/06/2018 hasta 29/06/201833. 26 June 2018: Calificación44. 29 June 2018: Comisión de Justicia Enmiendas desde 29/06/2018 hasta 10/10/201855. 10 October 2018: Comisión de Justicia Informe desde 10/10/2018 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

The same initiative in the other chamber:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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