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July 15, 2022
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Spain is preparing to approve a new law to favor children and grandchildren of Spaniards

Obtaining Spanish nationality by children and grandchildren of Spaniards is once again on the table after the Chamber of Deputies of Parliament yesterday approved a bill that now awaits the approval of the Senate and the signature of King Felipe VI.

This new law benefits Cubans in obtaining Spanish nationality, as happened in 2007. Then, thousands of Cuban citizens were able to obtain a Spanish passport.

Under the name of the Democratic Memory Law, it would give those rights of Spanish nationality. But it is a slow process due to the lack of resources and personnel of the Spanish consulates.

“Now the bill goes to the Senate, which may introduce amendments, veto the text by an absolute majority or, in the best of cases, ratify the bill by a simple majority,” Spanish lawyer Ariel Fraga told the newspaper. Newspaper Las Americas.

“The bill provides for three beneficiaries with requirements to meet,” he said. “Those born outside of Spain (Cubans, Venezuelans, etc.) of a father, mother, grandmother or grandfather who originally were or are Spanish, which means “that when the applicant was born he was, at least, a son, daughter, grandson or granddaughter of a Spaniard, even if he was born outside Spanish territory”, explained the lawyer.

Spain is preparing to approve a new law to favor children and grandchildren of Spaniards
The Embassy of Spain in Havana. Photo: Flickr.

In this case, it would be necessary to prove the descent and the condition of nationality with the required documentation, something is yet to be announced.

In the event that the Spaniard has lost nationality as a result of exile, political, ideological reasons or beliefs, it will be necessary to prove it.

It also covers the children of Spanish women who lost their nationality by marrying a man of another nationality, as imposed by an old law, invalidated in 1965. So that the beneficiaries can exercise the right to request Spanish nationality, the lawyer explained that “it will be necessary for the Ministry of Justice to issue an instruction in which everything related to the exercise of the right is regulated.”

And this is where “difficulties can come”, said Fraga. “Above all, and to begin with, the collapse of the Spanish consulates. As long as they are not provided with technical and personal means, it will be chaos”, he pointed out.

In this sense, “we must assess, and this is also very important, the legal procedure through which it will be executed, the competence to resolve, grant or deny nationality, and then the appeals against denials.”

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