If you obtained Spanish nationality through the Grandchildren’s Law but did not prove at the time that your grandfather was an exiled victim of the Spanish Civil War, you may be wondering what the consequences are of the decision by the Supreme Court of Spain to uphold the preliminary suspension of the voting rights of up to 163,020 people nationalized through this route. Lawyer Reimel Ariosa from Gowper Abogados provides a clear answer: nationality is not at risk, but voting in the elections on November 29, 2026 is another matter.
The Supreme Court confirmed on Monday the precautionary suspension that had already been adopted on September 5, rejecting the appeals from the Spanish State Attorney's Office and the Spanish Prosecutor's Office that requested its lifting. This measure exclusively affects the exercise of voting in those elections; no one loses their nationality, passport, or any other rights derived from Spanish citizenship.
One of the most concerning points for those affected is precisely that of individuals who are indeed the grandchildren of exiles but did not declare this when processing their files, either because it was not required or because it wasn't necessary at the time. Ariosa addresses this scenario with nuance.
"In the future, if we consider the worst-case scenario where there is a ruling stating that the 2022 instruction, which expands the scope to those who were exiled not during the Civil War (1936-1939) but during a period from 1936 to 1955, is illegal, at that moment, when individualized procedures open up, you will likely be able to say: my grandfather was an exile, I have proof of the exile, nothing will happen, and everything will continue as normal. You will probably need to present that proof at that time," the lawyer explained.
However, Ariosa warns that this avenue is not currently available to restore the right to vote ahead of November 29. "As far as I know, they have not opened the possibility for those who are grandchildren of exiles to, even if they did not prove it at the time, be able to do so now in order to vote. I believe that is not an option because, in addition, the administration does not have the capacity to do so."
The underlying problem, according to the lawyer, is the collapse of the Spanish consular administration. The Supreme Court criticized the government for not even attempting to compile a distinguishing list between those who obtained nationality through exile and those who did so as mere descendants, as stipulated by the precautionary measures from September.
"The government has simply said, 'I can't do it.' It has told the Supreme Court: 'Look, I can't do it.' And the Supreme Court has replied: 'But you haven't even tried; you haven't shown me that you've even attempted it, and now you're telling me you can't. Well, I'm not going to fully believe that.'" Ariosa summarized.
The lawyer was emphatic in pointing out the true culprit of the chaos. "The Spanish Consular Administration has been functioning very poorly for many years. No one had ever noticed this because we had not reached this level of situations." In Cuba, the saturation was so extreme that the opening of a consulate in Camagüey was considered — ultimately established by decree at the end of 2025, although without a confirmed operational opening date.
For those who possess a consular certification accrediting the exile of their ancestors, the path to voting on November 29 remains open. The rest will have to wait for the core of the litigation — whether the ministerial instruction unlawfully expanded the provisions of the law — to be resolved, a process that, according to Ariosa, could take years.
"The consulate does not have the ability to create a list of who has done it for one person or another. Just imagine opening special procedures for people to prove their exile," the lawyer concluded.
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