Under a new law, as of Friday, 21 October 2022, Spain is introducing a new scheme enabling certain Argentine nationals to obtain Spanish citizenship.1
The law is intended to offer citizenship to those Argentineans who descend from citizens of Spain who were persecuted in Spain during the regime of Spanish dictator Francisco Franco and obliged to go into exile for political, ideological, or belief reasons.
This new scheme will offer enhanced options for eligible Argentine nationals to live and work in Spain and have access to other Schengen area countries.
One of the law’s measures also provides for the possibility that children of Spanish women who married foreigners before the 1978 Constitution and who, for this reason, have lost their Spanish citizenship, may themselves seek Spanish citizenship.
The third option is to be of legal age and the sons and daughters of a father or mother whose Spanish citizenship has been recognized by virtue of having been legally adopted in accordance with the Historical Memory Law (Ley de Memoria Democrática or Ley de Nietos ) – in force between 2007 and 2011 – or the new Grandson Law.
An important clarification: the completed application must be made to the appropriate Consulate within two years from Friday, 21 October, the day on which the new law came into force.
The new law does not stipulate any age limit to be applied. Moreover, there is no need for the applicant to live in Spain for a certain amount of time.
Argentineans who get Spanish citizenship will be granted the right to access Spain’s labor market and the country’s educational system, in addition will be allowed free movement throughout the Schengen area.
Argentineans interested in obtaining Spanish citizenship within the framework of the new law must apply for an appointment at the General Consulate of Spain corresponding to their place of residence in Argentina with the following documentation:
Any individuals who may wish to pursue Spanish citizenship are advised to consult with their immigration attorney to assess their eligibility and discuss next steps.
The KPMG International member firm in Argentina is tracking this matter closely. We will endeavor to keep readers of GMS Flash Alert posted on any important developments as and when they occur.
1 Ley 20/2022 de Memoria Democrática (also known as "Ley de Nietos') published in Boletín Oficial del Estado (BOE), Núm. 252, 20 de Octubre de 2022, at: https://www.boe.es/boe/dias/2022/10/20/pdfs/BOE-A-2022-17099.pdf .
For recent press reports on this development, see: "Para obtener la Ciudadanía Español: La Ley de Nietos entró en vigencia este viernes: ¿cómo realizar el trámite?," in Pagina|12 (online) 21 de Octubre 2022 at: https://www.pagina12.com.ar/491145-espana-la-ley-de-nietos-empieza-a-regir-este-viernes and "'Ley de Nietos': todo lo que hay que saber sobre el nuevo esquema para obtener la ciudadanía española," in infobae (online) (22 de Octubre de 2022, at: https://www.infobae.com/economia/2022/10/22/ley-de-nietos-todo-lo-que-hay-que-saber-sobre-el-nuevo-esquema-para-obtener-la-ciudadania-espanola/ . Please note that by clicking on the afore-noted links, you are leaving the KPMG website for an external site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.
*Please note the KPMG International member firm in the United States does not provide immigration or labor law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Argentina.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
© 2024 KPMG, una sociedad civil panameña y firma miembro de la organización mundial de KPMG de firmas miembros independientes afiliadas a KPMG International Limited, una compañía privada inglesa limitada por garantía. Todos los derechos reservados. Para más detalles sobre la estructura de la organización global de KPMG, por favor visite https://kpmg.com/governance.
