First off, kudos to this site. I have been browsing it for days and there seems to be a lot of useful info. that I hope to use if I end up making the big transition.

I have a couple of questions that I was hoping someone who’s knowledgeable about Spain’s immigration policy could help answer or point me in the right direction. I have already asked the local consular offices this question and they haven’t been very helpful. The next step would be to ask an immigration lawyer but I was hoping I could try here first as people on this site seem to be very informed and helpful.

My question is as follows: First off, I am a dual citizen currently living in the US. I was born in Cuba and nationalized citizen of the US. In addition I am a Spainard desendant through great grand parents. According to Spain’s new immigration policy that just went into effect in ‘08 “La Ley de memoria historica” I believe I read somewhere that under the current policy through descendancy I may qualify for citizenship after one year of residency and free of work restrictions. Otherwise being from a Latin American country and former Spanish colony I believe the law states I can qualify for citizenship after two yrs of residency with work restrictions but in this case I would have to go in as a Cuban citizen and not US. Can some please verify this information for me to see if what I read is correct? And secondly would it even be possible for me to go in as a Cuban citizen even though I currently live in the US? Would I be able to handle all the paperwork here in the US or would I need to go to Cuba or rely on Cuba for any of it? Any info or advice would be greatly appreciated and thank you in advance for your time.

Lastly, as I understand it I believe this law will only be effective until next year? It was suppose to expire at the end of this year but I believe it was extended.

gallego,
was any of your grandparents born in spain?

Thank you for the prompt response.

No they were born in Cuba. So I’m aware that I cannot claim citizenship by way of just desendency but again I believe I read somewhere and if I’m not mistaken that the new law also applies to children of great grandparents but with a year of residency. Below is the excerpt that I read…

2. Regardless of their place of birth, the adult children and grandchildren of original Spaniards (original Spaniards are those who, at the moment of their birth, were born to people who possessed Spanish citizenship) can also access Spanish nationality on softer terms than other foreigners: they require just 1 year of legal residence, and they are exempted from work restrictions. This law in practice also benefits the great-grandchildren of emigrant Spaniards as long as their grandparents (born outside of Spain) are/were original Spaniards.

I guess I need clarification as to what this part means. I interpret it as the law extending to great grandchildren as long as they can prove their connection, which I can, I have birth certificates of my great grand parents and the need for at least a yr of residency. Again is this correct?

3. Ibero-Americans and citizens of other countries historically related to Spain (Portugal, Andorra, Philippines, and Equatorial Guinea) also have a Right of Return: They can apply to Spanish nationality after 2 years of Legal residence (the usual time is 10 years for most foreigners) and they have the right to keep their birth nationality

This is the second option I was referring to but again not sure if I would qualify for this being that I’m also a US citizen currently living in the US but again I am still recognized by Cuba as a Cuban citizen.

Gallego - 18 October 2010 11:47 PM

2. Regardless of their place of birth, the adult children and grandchildren of original Spaniards (original Spaniards are those who, at the moment of their birth, were born to people who possessed Spanish citizenship) can also access Spanish nationality on softer terms than other foreigners: they require just 1 year of legal residence, and they are exempted from work restrictions. This law in practice also benefits the great-grandchildren of emigrant Spaniards as long as their grandparents (born outside of Spain) are/were original Spaniards.

Thanks again for the response and help with my questions Aritz.

You sound very sure about your responses, can you please tell me how you know for certain that this info. is correct?
Are you an immigration lawyer or do you work for the spanish government in some capacity?
If not then please site your source so that I know for certain that your interpretation is correct.

My source was the actual Law as stated on the Ministerio de Justicia’s own website.

So, I’m still not quite sure if it is one year for me or two years or ten.

Yes, my parents can apply and become citizens without the need of residency but that would not help me because it would not extend down to me at this point.

If the law does in fact extend to great grandchildren then I would need a year of residency, if it does not then I could have the option of going in as a Cuban citizen as stated before but again I’m not sure if I would be allowed to do the whole process here in the US and then there is the implication of going into Spain as a Cuban citizen instead of a US citizen, not sure what disadvantages that may have or how I would be received by the Spanish government.

I wonder if there is anyone out there reading this that has already done what I am contemplating.

Gallego - 19 October 2010 01:30 PM

Thanks again for the response and help with my questions Aritz.

You sound very sure about your responses, can you please tell me how you know for certain that this info. is correct?
Are you an immigration lawyer or do you work for the spanish government in some capacity?
If not then please site your source so that I know for certain that your interpretation is correct.

My source was the actual Law as stated on the Ministerio de Justicia’s own website.

my other sources: spanish civil code, civil registry law, regulations of the civil registry law
you can read them online.

So, I’m still not quite sure if it is one year for me or two years or ten.

Yes, my parents can apply and become citizens without the need of residency but that would not help me because it would not extend down to me at this point.

A los efectos del ejercicio de los derechos de opci?n reconocidos en la Disposici?n Adicional s?ptima de la Ley 52/2007, se presumir? la condici?n de exiliado respecto de todos los espa?oles que salieron de Espa?a entre el 18 de julio de 1936 y el 31 de diciembre de 1955.

were your great grandparents exiles? did they leave spain between 18 july 1936 to 31 december 1955?
if not then the historical memory law does not apply to your parents.

If the law does in fact extend to great grandchildren then I would need a year of residency, if it does not then I could have the option of going in as a Cuban citizen as stated before but again I’m not sure if I would be allowed to do the whole process here in the US and then there is the implication of going into Spain as a Cuban citizen instead of a US citizen, not sure what disadvantages that may have or how I would be received by the Spanish government.

this is hypothetical, anyway, this means you apply for citizenship thru residency. your problem is how to get the residency status.

if you enter as cuban, you do not renounce cuban citizenship, but you have to get a lot of documentation from cuba. read the other posts by cuban americans, they mentioned how you can get thru cuban bureaucracy.
if you enter as american, upon swearing allegiance to the king and the constitution before a judge, you renounce american citizenship, which the usa does not recognize.

Thanks again Aritz,

One last question if I do go in as Cuban and wait the two yrs. would I be allowed to work for those two yrs? Do you know if the law states that I would be free from work restrictions? I think I may have interpreted it as No, that I would not be allowed to work, it would just be a resident visa and not a work via. Also, it’s two yrs before I can become a citizen but then how long after those two yrs are up does the naturalization process take? Another yr or two?

I heard that working on the side or under the table is not looked down as much in Spain as it is in the US as far as legality is concerned. Do you know if there’s any truth to this?

Lastly, do you know if people who come in as US citizens are treated or looked upon better by the Spanish govt than people who come in from other countries like Latin America or in my case Cuba?

Gallego - 20 October 2010 11:45 PM

One last question if I do go in as Cuban and wait the two yrs. would I be allowed to work for those two yrs? Do you know if the law states that I would be free from work restrictions? I think I may have interpreted it as No, that I would not be allowed to work, it would just be a resident visa and not a work via.

the ff are the residencies that you can try to get
http://www.maec.es/subwebs/Consulados/SanFrancisco/en/MenuPpal/ServiciosConsularesVisados/Visados/Documents/NonLucrative.pdf
http://www.maec.es/subwebs/Consulados/SanFrancisco/en/MenuPpal/ServiciosConsularesVisados/Visados/Documents/WorkVisa.pdf
http://www.maec.es/subwebs/Consulados/SanFrancisco/en/MenuPpal/ServiciosConsularesVisados/Visados/Documents/ReligiousActivities.pdf
http://www.maec.es/subwebs/Consulados/SanFrancisco/en/MenuPpal/ServiciosConsularesVisados/Visados/Documents/ExceptionWorkVisa.pdf
http://www.maec.es/subwebs/Consulados/SanFrancisco/en/MenuPpal/ServiciosConsularesVisados/Visados/Documents/RetirementVisa.pdf
some are for working residency, others for non-working residency, both are considered resident permits.
it is not like in the usa that it is either a work permit or resident permit.

Also, it’s two yrs before I can become a citizen but then how long after those two yrs are up does the naturalization process take? Another yr or two?

regardless of the kind of residency, as cuban you only wait 2 years before you can start citizenship application. and the process is from 2 to 2.5 years.

I heard that working on the side or under the table is not looked down as much in Spain as it is in the US as far as legality is concerned. Do you know if there’s any truth to this?

many people do that, for varios reasons. with the 20% unemployment at the moment. you have to look for jobs you can compete for or connections.
in any case if you are on a working residency you have to be working and contributing to the social sec. to renew the residency.

Lastly, do you know if people who come in as US citizens are treated or looked upon better by the Spanish govt than people who come in from other countries like Latin America or in my case Cuba?

in terms of what?

In terms of is there more respect given to them by the spanish govt and the people. Is it easier for US citizens to find jobs? Are they treated better? So I guess what I’m asking is what is the general perception?

Gallego - 22 October 2010 12:47 PM

In terms of is there more respect given to them by the spanish govt and the people. Is it easier for US citizens to find jobs? Are they treated better? So I guess what I’m asking is what is the general perception?

if you speak spanish you will have more job options, if you have strong connections, you get some kind of preferences. remember you will be just another immigrant, so if you have skills you can compete for jobs. when in rome, do as the romans do, as the saying goes. don’t be too sensitive, spaniards may be considered rough and ill mannered by americans. you have to learn to adjust to the culture if you want to live here.