Spanish nationality by the dozen: the file that opened the door

A 93-year-old Mexican obtained Spanish nationality citing a great-grandfather born in 1821. Three children and two grandchildren have already applied through the same route.

English · Original discussion in Spanish · Published

The passport that is inherited without reviewing the original file

A 93-year-old Mexican citizen obtained Spanish nationality claiming that his great-grandfather was born in Burgos in 1821. His parents were Mexicans born in 1902 and 1905. His grandfather, a Mexican born in 1857. The ancestor on whom the file was based died in 1889, half a century before the Civil War began. From that starting point, three children and two grandchildren have already applied for nationality under his file.

The case, documented by THE OBJECTIVE, is not an isolated exception: it is the mechanics. Sources at the Spanish Consulate in Mexico describe a procedure in which, once it is verified that the parent or grandparent is already Spanish, officials grant citizenship to descendants without reviewing the original file again. The presumption is that the original grant was resolved in accordance with the law. If it was not, the error spreads.

What the law says and what was applied in practice

The eighth additional provision of Law 20/2022 limits the scope to "children and grandchildren." It does not mention great-grandchildren. Nor does it, in theory, require proof of political persecution or exile: the instruction of October 25, 2022, signed by the then Director General of Legal Security and Public Faith, Sofía Puente Santiago, introduced an extensive interpretation that separated descendants of exiles from those born outside Spain to a father, mother, grandfather or grandmother originally Spanish. In practice, that distinction removed the obligation to prove exile status for a wide mass of applicants and established a general presumption of exile.

The result is measured in consular offices. The same sources maintain that 90% of the nationalizations granted in the Mexican jurisdiction align with this dynamic. An official recorded his doubts with a handwritten note attached to the file: "Careful! He is not entitled. Cancel soon." According to the sources consulted, an express order from the ambassador, Juan Duarte, prevailed, and the then consul general signed the file.

The domino effect nobody verifies

The problem is not just the original case. It is what comes after. Each irregular grant becomes the documentary basis for the next, and the Administration does not reopen the mother file. The mechanism turns an administrative error into an acquired right for an entire family branch. In the documented case, five direct relatives have activated the chain.

Some argue that the system is simply applying the principle of legitimate expectation: if the State granted nationality, it is not up to the child to prove that the father obtained it irregularly. Against this weighs the opposite argument: legitimate expectation cannot shield a null act, least of all when consular staff themselves warned in writing.

Who votes with that passport

Nationality is not just a travel document. It grants the right to vote in Spanish elections. The debate over the external vote, and over whether effective residence or physical presence with a DNI (Spanish national ID card) should be required, is cut across by this type of file. A passport granted without full verification is also a potential vote.

The comparison with public healthcare appears in the conversation as a diffuse antiestéticar: it is argued that extending rights to new naturalized citizens will strain already saturated services. There is no data in the material quantifying that impact. It is an expressed concern, not a measured fact.

What remains to be resolved

Felipe Salvador Ruiz de Velasco's file has been granted. His relatives have applied for theirs. The available information does not show that the mother file has been reviewed or that the registration has been cancelled. The handwritten note remains, for now, the only documented formal warning.

If the extensive interpretation holds, the chain will keep working: each new Spaniard through this route opens the door to their direct descendants. If it is corrected, a decision will have to be made about what happens to the thousands of files already signed. Neither option is cheap. And the political bill for the second has not yet been calculated by anyone.

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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (24 replies).

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