Democratic Memory Law

Democratic Memory Law 2022

"Grandchildren's Law"

Spanish nationality for children and grandchildren of Spaniards or women who renounced or lost their citizenshipSpanish 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 religious reasons.

WHO CAN APPLY FOR NATIONALITY UNDER THE DEMOCRATIC MEMORY LAW?

1. CHILDREN AND GRANDCHILDREN OF SPANIARDS

1.1. Children or grandchildren born outside Spain to 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 for said reason 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 of Spain to a father or mother, grandfather or grandmother, who were originally Spanish.

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

Sons and daughters born abroad to Spanish women who lost their nationality for marrying foreigners before the 1978 Constitution came into force.

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

The adult sons and daughters of those Spaniards who were recognized as having nationality of origin by virtue of the right of option in accordance with the Historical Memory Law (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 (brigadiers), who participated in the War of 1936 to 1939. In this case, they may acquire Spanish nationality by letter of naturalization. More information on this case here.

HOW CAN ONE APPLY FOR SPANISH NATIONALITY THROUGH DEMOCRATIC MEMORY?

Applications must be submitted to the Consulate corresponding to the place of residence of the interested party. According to the Law, the application for nationality must be formalized until October 21, 2025 . Since the Council of Ministers has recently agreed to extend it for another year.

WHAT DOCUMENTS DO YOU NEED TO PROVIDE?

In all 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.

Besides…

If the application is submitted through the assumption 1 :

Birth certificate of the applicant's father, mother, grandfather or grandmother, who were originally Spanish.

If the application is submitted as a grandchild of a grandfather/grandmother originally from Spain, a literal birth certificate of the father or mother - the one corresponding to the line of the Spanish grandfather or grandmother - of the applicant must also be provided.

2. Documentation proving the exiled status of the father, mother, grandfather or grandmother.

If the application is submitted through the assumption 2 :

Literal birth certificate of the applicant's Spanish mother.
Certified copy of the mother's marriage to 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 inclusive, documentation must also be provided proving the mother's acquisition of the husband's nationality

If the application is submitted through the assumption 3 :

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

How can we help you?

Analysis and legal advice on your case and corresponding assumption

We analyze the family line and context to determine the viability of the application and the most appropriate annex.

Necessary documentation

Full Folder Review

Review of documentation for the folder and forms for submitting the application.

Search for the birth certificate of a Spanish ancestor in Spain

Location of the birth certificate of the Spanish ancestor in Spanish registries and parishes.

Support in requesting an appointment at the consulate

Assistance in requesting an appointment at the various Spanish consulates.

You will always be assisted by a lawyer from our team who will follow your case until the granting of nationality with all the guarantees and will attend to all the requirements of the Authorities if necessary. We are lawyers registered by the illustrious Bar Association of Madrid.

If you would like to know more about this Law, stay up to date or find out how we can help you apply for Spanish nationality, please contact us using this form:

Background: The Law of Historical Memory (Law 52/2007)

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

The possibility of accessing nationality through the Law of Historical Memory was in force until December 27, 2011 and 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 recognised by Royal Decree 39/1996, of 19 January, to volunteers who are members of the International Brigades who 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, with regard to the acquisition of Spanish nationality by letter of naturalisation, will not apply to them. 2. By Royal Decree approved by the Council of Ministers, the requirements and the procedure to be followed for the acquisition of Spanish nationality by the persons mentioned in the previous section will be determined."

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

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

Advantages of Spanish nationality under the Law of Democratic Memory

Right to reside and work

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

Courses and studies in the EU

Take undergraduate or postgraduate courses at European universities, at 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 healthcare in cases of emergency, if you do not have medical coverage in your country of habitual residence, and universal healthcare if you reside in Spain.

Protection in consulates

Protection in Spanish Consulates in other countries.

Without renouncing your current nationality

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

Frequently asked questions about the "Grandchildren's Law"

Who can apply for the Democratic Memory Law?

Children and grandchildren of Spanish nationals, children born abroad to Spanish women who lost their nationality by marrying a foreign citizen, children of legal age of Spanish nationals who were granted nationality through Law 52/2007 or Law 20/2022, children of a father originally from Spain who opted for Spanish nationality by option under art. 20.1A and 20.1B.
Where to apply for nationality?

The application must be submitted to the Spanish Consulate corresponding to the place of residence.
Can I apply from Spain?

Yes, as long as you reside in Spain.
What is the deadline to apply for nationality?

Applicants will have until October 21, 2025 to apply for Spanish nationality through this Grandchildren Law.
How can one apply for Spanish nationality under the Grandchildren Law?

In this section of Stratego Abogados you can find all the documentation you need to apply for Spanish nationality under the Law of Democratic Memory.

Spanish exile abroad: where did the exiles go?

During the Spanish Civil War, 1936 to 1939 and until the post-war period, 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 victorious side and the authoritarian political regime established in Spain, Francoism. Some of them returned postpreviously to Spain when the political situation permitted it, but many others 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 Many of them were former combatants, politicians or officials directly committed to the republican cause, but among them were also thousands of relatives and civilians, along with a significant number of children, intellectuals, cultural figures and artists, scientists and teachers, and people in qualified professions.

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