Democratic Memory Law

Democratic Memory Law 2022

Spanish nationality for children and grandchildren of exiled Spaniards or of women who resigned or lost theirSpanish nationality upon marriage

Democratic Memory Law

The Congress of Deputies has approved the Democratic Memory Law, known as the Law of Grandchildren, which aims to pay tribute to those who had to leave Spain for political, ideological or belief reasons. This Project has been approved by the Senate.

WHO CAN APPLY FOR NATIONALITY BY THE DEMOCRATIC MEMORY LAW?

1. CHILDREN AND GRANDCHILDREN OF SPANIARDS EXILE.

Children or grandchildren born outside of Spain of a Spanish father, mother or grandfather/grandmother who were exiled and left Spain for political, ideological or belief reasons or sexual orientation and identity; and that due to said exile they lost or renounced their Spanish nationality. Their children or grandchildren may apply for nationality by Article 20 of the civil code.

2. CHILDREN OF SPANISH WOMEN WHO LOST THEIR NATIONALITY WHEN MARRIED.

The sons and daughters born abroad of Spanish women who lost their nationality for marrying foreigners before the entry into force of the 1978 Constitution.

3. CHILDREN OF SPANIARDS BY THE LAW OF HISTORICAL MEMORY (LAW 52/2001).

The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option according to the Law of Historical Memory (Seventh Additional Provision of Law 52/2007 of December 26).

4. BRIGADISTS AND THEIR DESCENDANTS.

The volunteers (and their descendants) members of the International Brigades (brigadistas), who participated in the War from 1936 to 1939. In this case, they may acquire Spanish nationality by naturalization certificate.

HOW CAN YOU APPLY FOR SPANISH NATIONALITY BY DEMOCRATIC MEMORY?

Applications must be submitted to the Consulate corresponding to the place of residence of the interested party. The way to request an appointment for the procedures of this Law has not yet been established in any Consulate, but we will have news in the near future.

According to the Law, the application for nationality must be formalized within two years from the entry into force of this Law, that is, until October 21, 2024. At the end of this period, the Council of Ministers may agree to extend it for one more year.

WHAT DOCUMENTS DO I NEED TO PROVIDE?

In all of the above cases, the following documents must be provided:

a) Passport.

b) Literal birth certificate of the applicant, issued by the local Civil Registry in which it is registered, duly legalized and, if necessary, translated.

Also…

If the application is submitted through the course 1:

Birth certificate of the father, mother, grandfather or grandmother of the applicant, who were originally Spanish.
If the application is made as a grandchild of a originally Spanish grandfather, a literal birth certificate of the father or mother -the one that corresponds to the line of the Spanish grandfather or grandmother- of the applicant will also be provided.
Documentation proving the exiled status of the father, mother, grandfather or grandmother.

If the application is submitted through the course 2:

Literal birth certificate of the applicant's Spanish mother.
Literal certificate of marriage of the mother with a foreigner contracted before December 29, 1978, issued by the Civil Registry in which it is registered.
For marriages formalized between August 5, 1954 and December 28, 1978, both included, documentation must also be provided that proves the acquisition by the mother of the husband's nationality.

If the application is submitted through the course 3:

Spanish literal birth certificate of the father or mother of the applicants of legal age who acquired nationality by this Law or by the Law of Historical Memory.

If you want to know more about this Law, stay updated or find out how we can help you apply for Spanish nationality, please contact us through this form:

Background: the Historical Memory Law (Law 52/2007)

The Historical Memory Law allowed the access of Spanish nationality to children and grandchildren of Spaniards.

The possibility of accessing nationality through the Historical Memory Law was in force until December 27, 2011 Y Two assumptions were included:

Spanish nationality for international brigade members.

Article 18. Granting of Spanish nationality to volunteers who are members of the International Brigades. "1. In order to make effective the right recognized by Royal Decree 39/1996, of January 19, to the volunteer members of the International Brigades that participated in the Civil War from 1936 to 1939, the requirement to renounce their previous nationality required in article 23, letter b, of the Civil Code, in what refers to the acquisition by letter of naturalization of Spanish nationality 2. By Royal Decree approved by the Council of Ministers, it is will determine the requirements and the procedure to be followed for the acquisition of Spanish nationality by the persons mentioned in the previous section".

2. Spanish nationality for children and grandchildren of Spaniards exiled during the Civil War.

Seventh Additional Provision. "1. People whose father or mother was originally Spanish may opt for Spanish nationality of origin if they formalize their declaration within a period of two years from the entry into force of this Additional Provision. This period may be extended by agreement of Council of Ministers up to the limit of one year 2. This right will also be recognized for the grandchildren of those who lost or had to renounce their Spanish nationality as a result of exile".

Advantages of Spanish nationality by Law of Democratic Memory

Right to reside and work

Right to reside and work in Spain or in any country of the European Union, extended to spouses and dependent children.

Courses and studies in the EU

Do undergraduate or postgraduate courses in European universities, with the rate for EU citizens.

powerful passport

Visa-free entry to countries that do not require a visa for Spaniards. 2 # most powerful passport in the world according to Passport Index.

Right to Public Health

Right to Public Health in emergency cases, in case of not having medical coverage in the country of habitual residence and universal health if you reside in Spain.

Protection in consulates

Protection in Consulates of Spain in other countries.

Without giving up your current nationality

It is not necessary to renounce your current nationality, it is a dual nationality.

Spanish exile abroad: where did the exiles go?

During the Spanish Civil War, 1936 to 1939 and until postwar, 1945, many Spaniards were forced to leave their homeland and move to other countries, for political and ideological reasons, or for fear of reprisals by the winning side and the authoritarian political regime established in Spain, the Franco regime. Some of them returned postriorly to Spain when the political situation allowed it, but many others were integrated into the societies that gave them refuge, contributing in some notable cases to their development.

A large part of the first refugees, until 440,000 arrived in France according to an official report from March 1939, although many of them managed to return in the 1940s, the "permanent" republican exile was made up of some 220,000 people of whom many were ex-combatants, politicians or officials directly committed to the republican cause but among whom there were also thousands of relatives and civilians, along with a significant number of children, intellectuals, cultural figures and artists, scientists and teachers, and people from qualified professions.

The main countries of destination were, in particular, France, Mexico, Argentina and the Soviet Union , but important groups in other European and American countries were also protected s like Uruguay, Chile, Colombia, Venezuela, Cuba, Peru, the Dominican Republic, the United States and the United Kingdom.