![[Hero] Misconceptions and myths about citizenship by descent in Spain](https://www.echeverriaabogados.com/scripts/timthumb.php?src=https://www.echeverriaabogados.com/images/c/halfpoint-new-democratic-memory-law-spain-64013139.jpg&w=980)
Spanish nationality by descent (ius sanguinis) allows the children and grandchildren of Spanish citizens to obtain Spanish nationality without having to reside in Spain. Currently, the Law on Democratic Memory published in the BOE(in force until October 2025) has simplified this process for the descendants of exiles, the children of Spanish women who lost their nationality by marrying foreigners before 1978, and the grandchildren.
Key points:
- Having a Spanish grandparent does not automatically entitle you to nationality.
- The so-called ‘Grandchildren’s Law’ was a one-off opportunity, not a permanent route.
- Most problems are not of a legal nature, but relate to understanding and documentation.
Why is there so much confusion?
In recent years, interest in Spanish nationality, and in particular through descent, has grown exponentially. The main cause has been the aforementioned Law on Democratic Memory (LMD), better known as the ‘Law of the Grandchildren’. However, this has given rise to a great deal of information and misinformation.
Many applications for citizenship by descent begin with unrealistic expectations, leading to frustration, delays or even abandonment.
This article does not aim to provide a technical list of requirements, but rather to help you understand what is often misunderstood and why.
Let’s get started!
Myth 1: ‘If my grandfather was Spanish, I have an automatic right’
Reality
Citizenship by descent is not automatic. It depends on meeting a specific legal criterion (for example: certain cases involving children or grandchildren of Spanish citizens under the legislation in force at any given time).
Why this happens
The concept of ‘Spanish origin’ is oversimplified without taking into account the limits of the legal system.
Common mistake
Starting the process without first analysing whether the case meets any of the applicable legal criteria.
What this means for you
This can lead to incorrect applications or unnecessary requirements.
If you’re trying to find out whether you can actually obtain citizenship through this route, it’s important to start by fully understanding how the system works. To find out what criteria exist and which ones might apply to your case, take a look at our comprehensive guide to the Grandchildren Act 2026.
In this updated guide to the Grandchildren Act 2026, we explain the background, the deadlines and the options currently available.
Myth 2: “The Grandchildren’s Law is still open”
Reality
The standard application period for this route lasted two years, with a one-year extension, and new applications are no longer being accepted.
Why this happens
Outdated information is circulating that does not reflect the current situation.
Common mistake
Waiting or delaying decisions in the belief that there is still time to start the process.
What this means for you
You may miss out on opportunities or make decisions based on incorrect information. Check here for the current status of the Grandchildren Act in 2026 and what options are available today.
Myth 3: “This is the same as in 2007”
Reality
Each law has had different requirements and scope. You cannot assume that the current framework is the same as the previous one.
Why does this happen
Past experiences are confused with current regulations.
Common mistake
Basing your strategy on out-of-date information or other people’s cases.
What this means for you
It can lead to errors in the application or when preparing the documents. To understand how this system has evolved, take a look at our analysis of the evolution of citizenship through historical memory in Spain.
Myth 4: “I have all the documentation, so everything is in order”
Reality
It is not enough simply to have the documents: they must be correct, valid and consistent with one another.
Why this happens
The importance of the form and legal validity of the documents is underestimated.
Common mistake
Submitting invalid documents (for example, certificates that are not full transcripts or that have not been properly legalised).
What this means for you
This can lead to requests for further information and significant delays. Here you can see how to obtain baptismal certificates and historical documentation to prepare your paperwork correctly and avoid errors in your application.
Myth 5: ‘The process is quick’
Reality
Processing times depend on the volume of applications and each specific case.
Why this happens
Expectations are based on isolated cases or incomplete information.
Common mistake
Planning personal or professional decisions based on the assumption that the process will be immediate.
What this means for you
It can lead to frustration or poorly planned decisions. You can consult the official data on the volume of applications and processing times to better understand this phenomenon.
Myth 6: “All consulates operate in the same way”
Reality
There are practical differences in processing times and procedures between different consulates.
Why this happens
It is assumed that the system is applied uniformly.
Common mistake
Failing to adapt your strategy to the consulate in question.
What this means for you
It can lead to delays or errors in the process.
Myth 7: “If they ask me for more information, it means something has gone wrong”
Reality
Requests for additional information are common in this type of process.
Why this happens
What is part of the procedure is interpreted as a mistake.
Common mistake
Responding incompletely or hastily to a request for additional information.
What this means for you
It can unnecessarily prolong the process. Find out how to respond correctly to a request for additional information in a citizenship application.
Myth 8: “I can submit any equivalent document”
Reality
Not all documents have the same legal validity.
Why this happens
Confusion between informative documents and official documents.
Common mistake
Submitting documents that do not meet the formal requirements.
What this means for you
The application may be incomplete or subject to further requests.
Myth 9: “If I didn’t do it in time, there’s nothing I can do now”
Reality
There are other legal routes to obtaining citizenship.
Why this happens
A specific route is being confused with the entire system.
Common mistake
Dismissing the process without exploring alternatives.
What this means for you
You may miss out on valid opportunities. Check the current alternatives to the Grandchildren’s Law and which options may apply to your case.
Myth 10: “This is too complicated and not worth the effort”
Reality
It is a demanding process, but manageable with the right strategy.
Why this happens
The initial complexity causes people to freeze up.
Common mistake
Not starting the process because of the perception that it is difficult.
What this means for you
You may be giving up on a viable option without properly analysing it.
Conclusion: understand before you act
It is important to understand this before taking action. Citizenship by descent is not an impossible process, but nor is it automatic.
Most problems do not stem from the law itself, but from how it is interpreted and applied.
Understanding these myths — and the mistakes they lead to — is the first step towards making informed decisions and avoiding unnecessary obstacles.
This article is for information purposes only and does not replace individual legal advice.
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