Spanish Nationality Under the Democratic Memory Law

The Democratic Memory Law, commonly referred to as the “Grandchildren’s Law” due to its significant impact on expanding eligibility for Spanish nationality, has officially become a reality. Both the Parliament and the Senate of Spain have completed its legislative process.

With the approval of this law, one of its most important aspects from a migratory perspective is that certain individuals born outside of Spain, who have a father, mother, grandfather, or grandmother originally recognized as Spanish citizens, can apply for Spanish nationality. This process will be facilitated through bureaucratic channels established by the Spanish Government to streamline these applications under the Democratic Memory Law.

Who Can Benefit From the “Grandchildren’s Law” or the Democratic Memory Law for Spanish Nationality?

The Democratic Memory Law, also known as the “Grandchildren’s Law,” expands the right to apply for Spanish nationality, primarily for those whose ancestors experienced exile or loss of nationality during the Franco regime.

Who Can Apply for Spanish Nationality Under This Law?

Here are the three main categories eligible to apply for Spanish nationality under the Democratic Memory Law:

1. Descendants of Exiled Spaniards: Individuals born outside of Spain with a father, mother, grandfather, or grandmother who were originally Spanish but lost or renounced their nationality due to forced exile for political, ideological, religious reasons, or sexual orientation and identity.
2. Descendants of Spanish Women Who Lost Their Nationality Upon Marrying Foreigners Before 1978:
   This provision allows descendants to reclaim Spanish nationality lost under outdated laws.
3. Adult Children of Spaniards Recognized Under the Historical Memory Law:
   The children of individuals who acquire nationality through the new Democratic Memory Law can also apply.

Do You Belong to One of These Groups?

If you fit into one of these categories, you have the right to apply for Spanish nationality. Contact us to assist you with the process and improve your chances of a successful application under the Democratic Memory Law!

Benefits of Spanish Nationality Under the Democratic Memory Law

Obtaining Spanish nationality not only carries emotional significance but also offers important practical benefits:

• Access to the European labor market.
• Freedom of movement within the Schengen Area.
• The advantages of holding Spanish nationality.

Application for Spanish Nationality Under the Democratic Memory Law

The application process under the Grandchildren’s Law has been extended until October 2025, allowing eligible individuals additional time to apply for this type of Spanish nationality.

Required Documentation for Nationality Under the Grandchildren’s Law

Unlike other procedures that may be lengthy and complex, the Grandchildren’s Law requires relatively straightforward documentation and does not involve burdensome bureaucratic processes or long waiting times. The necessary documents for the application under the Democratic Memory Law include:

1. Birth Certificate of the Applicant: An official document certifying the birth of the individual applying for nationality.
2. Birth Certificate of the Parent, Grandparent, or Great-Grandparent: This certificate must be issued by a Spanish civil registry. If the relative was born before 1870, the birth certificate can be replaced by a Spanish baptism certificate. In such cases, a negative civil registry certificate must also be attached, confirming the absence of a birth record, particularly in situations where the original document may have been destroyed due to war or other circumstances.
3. Additional Documents: Any other documentation required for the proper registration of the applicant’s birth in Spanish civil registries.

How to Obtain Spanish Nationality as a Descendant

The first step is to gather the documents required under the Democratic Memory Law to prove your family connection with the Spanish citizen, such as your birth records and those of your ancestors. Additionally, you must provide evidence of exile, persecution, or renunciation of citizenship, if applicable in your case, to process nationality under the Historical Memory Law.

With all documentation prepared, you can submit your application to:

• The Civil Registry of the Spanish Consulate in your country of origin, if residing outside Spain.
• The Central Civil Registry, if you are in Spain.
• The upcoming online platform that will be enabled for these applications.

What Is Expected from the Historical Memory Law?

It is important to note that, although these processes may seem complex, the experience with the 2007 Historical Memory Law proves otherwise. In the three years granted under that law, nearly 446,000 descendants of Spaniards applied for nationality, which would have been impossible if the process had been overly complicated or designed to exclude many people. This new Grandchildren’s Law follows the same path, ensuring accessibility for all interested parties and allowing them to apply for Spanish nationality under the Democratic Memory Law.

However, it is true that some consulates took up to 10 years to respond to applications submitted under the 2007 law, and communication was often inadequate. To navigate the few bureaucratic challenges of this process, it is advisable to have time, patience, and the support of a professional who can streamline the application process.

Frequently Asked Questions About the Democratic Memory Law (Grandchildren’s Law)

1. What is the Democratic Memory Law? It is a Spanish law aimed at recognizing and addressing the injustices of the Franco regime, expanding opportunities for descendants of exiled Spaniards to obtain Spanish nationality under the Democratic Memory Law.
2. Who is eligible to apply for nationality under the Democratic Memory Law?
   • Individuals born outside of Spain with a father, mother, grandfather, or grandmother who lost or renounced their Spanish nationality due to forced exile.
   • Descendants of Spanish women who lost their nationality upon marrying foreigners before 1978.
   • Adult children of Spaniards recognized under the 2007 Historical Memory Law.
   • Children of individuals who acquired nationality under the new Democratic Memory Law.
3. What is the deadline to apply for Spanish nationality under the new Democratic Memory Law? The initial deadline is until October 2025.
4. What documentation is required under the Democratic Memory Law in Spain?
   • Applicant’s birth certificate.
   • Birth certificate of the Spanish ancestor.
5. Documents for registering the applicant’s birth in Spanish civil registries. These documents are essential to ensure the success of the application.
6. Is it necessary to prove exile for eligibility under the Democratic Memory Law? It is not mandatory, but it can help support the application.
7. What happens if my application is denied when applying for nationality under the Democratic Memory Law? You can file an appeal with the Directorate General of Registries and Notaries (DGRN) within one month.
8. How long does the process for nationality under the Democratic Memory Law take? The duration varies but typically ranges from several months to a couple of years.
9. Will my minor children also obtain nationality under the Democratic Memory Law? Yes, if they are under your guardianship.
10. Do I have to renounce my current nationality? This depends on the laws of your country of origin.
11. Is speaking Spanish required to apply under the Grandchildren’s Law? Not in most cases, but it may be required in certain situations.
12. Can I apply for Spanish nationality under the Democratic Memory Law if I already have another nationality? You cannot apply if you have already acquired Spanish nationality through your parents.
13. Do I need a lawyer to apply for nationality under the Democratic Memory Law? While it is not mandatory, hiring a lawyer specializing in nationality law is recommended to ensure a successful application.
14. What is the difference between this nationality law and the 2007 Historical Memory Law? This law broadens the criteria for eligibility to apply for Spanish nationality.
15. What other benefits does the Grandchildren’s Law offer? It recognizes and dignifies the memory of exiles and their descendants.
16. What should I do if my documentation is incomplete or difficult to obtain? Alternative evidence may be accepted. Consult with an expert to improve your chances of success.
17. Can Spanish nationality under the Democratic Memory Law change in the future? Yes, future modifications or new interpretations of the law are possible.
18. Are the Democratic Memory Law and the Grandchildren’s Law the same? Yes, both terms refer to the same law. Officially it is called the Democratic Memory Law, but it is commonly known as the “Grandchildren’s Law” because it expands eligibility for Spanish nationality to descendants of Spaniards, including grandchildren in certain cases.
19. Are there special requirements under the Democratic Memory Law in Spain? The law establishes specific requirements based on the applicant’s situation:
20. For children of Spaniards who lost nationality due to exile: Submit Annex I, the applicant’s literal birth certificate, and documentation proving the parent’s exiled status.
21. For children of Spanish women who lost nationality due to marriage: Submit Annex II and the birth certificate of the Spanish parent.
22. For children of Spaniards who acquired nationality by option: Submit Annex III and similar documents.
23. All original documents and copies must be submitted within the established deadlines. It is advisable to consult the Spanish Consulate’s practical guide for more details.
24. How long does the process for Spanish nationality under the Democratic Memory Law take? The process typically takes between 6 and 12 months, though it may vary depending on the workload of the consulate or registry. Properly preparing and submitting the documentation helps avoid delays.
25. What is the extended deadline to apply for Spanish nationality under the Democratic Memory Law? The deadline has been extended to October 2025, providing more time to submit applications.
26. Can I apply under the Democratic Memory Law if I am a great-grandchild of Spaniards? Great-grandchildren can apply only if their grandparent has already acquired Spanish nationality through this law. Otherwise, direct access is not possible. It is important to meet the requirements and deadlines, and legal advice is recommended.