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Spanish Nationality by Law of Democratic Memory
The Congress of Deputies has approved the Law of Democratic Memory, 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 Bill has been approved by the Senate.
Who can apply for nationality under the democratic memory law?
1. Children and grandchildren of Spaniards
1.1. The children or grandchildren born outside Spain of a Spanish father, mother or grandfather/grandmother who were exiled and left Spain for political, ideological or belief reasons or for reasons of sexual orientation and identity; and who due to said exile lost or renounced their Spanish nationality. Their children or grandchildren may apply for nationality under Article 20 of the Civil Code.
1.2. Those born outside Spain of father or mother, grandfather or grandmother, who were originally Spanish.
2. Children of Spanish women who lost their nationality upon marriage
Sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution.
3. Children of Spaniards under 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 in accordance with the Law of Historical Memory (Seventh Additional Provision of Law 52/2007 of December 26).
4. Brigadistas and their descendants
Volunteers (and their descendants) members of the International Brigades (brigadistas), who participated in the War from 1936 to 1939. In this case, they will be able to acquire Spanish nationality by letter of nature. More information about this case here.
HOW CAN I APPLY FOR SPANISH NATIONALITY BASED ON DEMOCRATIC MEMORY?
The applications shall be submitted at the Consulate corresponding to the place of residence of the interested party. No Consulate has yet established how to request an appointment for the procedures of this Law, but we will have news soon.
According to the Law, the application for nationality must be formalized within two years from the entry into force of this Law, i.e. 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 are required?
In all of the above cases, the following documents must be provided:
- Passport
- Birth certificate of the applicant, issued by the local Civil Registry where it is registered, duly legalized and, if necessary, translated.
If the application is submitted through assumption 1:
- 1. Certification of birth of the father, mother, grandfather or grandmother of the applicant, who would have been originally Spanish.
- 2. If the application is formulated as a grandchild of a grandparent who was originally Spanish, a literal birth certificate of the father or mother -whichever corresponds to the line of the Spanish grandfather or grandmother- of the applicant shall also be provided.
- 3. The documentation that accredits the condition of exile of the father, mother, grandfather or grandmother.
If the application is submitted through assumption 2:
- 1. Birth certificate of the applicant's Spanish mother.
- 2. 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.
- 3. For marriages formalized between August 5, 1954 and December 28, 1978, both included, it will have to be contributed, in addition, documentation that accredits the acquisition by the mother of the nationality of the husband.
If the application is submitted through assumption 3:
- 1. Spanish literal certification of birth of the father or mother of the applicants of legal age who acquired the nationality by this Law or by the Law of Historical Memory.
