Current status of the Democratic Memory Law

What is the Democratic Memory Law? 

The Democratic Memory Law, also known as the Grandchildren`s Law, has introduced a new way to apply fro Spanish Nationality since October 2022. It is based on the principles of truth, justice, reparation, and aims to redress the harm and ensure the non-repetition of human rights violations that occurred during the Spanish Civil War and the Francoist Dictatorship. 

Why is the Grandchildren`s Law one of the best ways to acquire Spanish Nationality?

With just one year of the Granchildern`s Law in effect, this new path to acquiring Spanish Nationality stands out as one of the most chosen by foreigners. According to official records from the Consular Activity Report, as of Januar 31, more than 26,000 applications were submitted in the 179 consular offices worldwide, with over 12,000 applications approved in record time. 

The top three countries receiving applications are USA, Argentina and Mexico, totaling over 14,000 received applications. 

Who can obtain Spanish Nationality under the Grandchildern`s Law? 

Case 1: Those born outside Spain to a father or mother, grandfather o grandmother, who were originally Spanish. 

The original wording of the Granchildern`s Law did not include the possibility for the children or grandchildren of Spaniards who migrated before or after the Civil War or the Dictatorship to apply for nationality. Therefore, the initial version only allowed obtaining nationality for the children or grandchildren of those who suffered exile. 

With the regulations and interpretations made by Spanish consulates throughout the first year of law`s validity, the possibilities to apply for nationality have been expanded, allowing the children or grandchildren of those who did not suffer exile to also obtain nationality through this route. 

Case 2: Those born outside Spain to a father or mother, grandfather or grandmother, who were originally Spanish and who, due to political, ideological, or belief-based exile or due to sexual orientation and identity, lost or renounced their nationality. 

Case 3: Sons and daughters born aborad to Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978.

Case 4: Adult sons and daughters of Spaniards who were granted their original nationality under the right of choice according to the provisions of the Democratic Memory Law (Law 20/2022) or the so-called Historical Memory Law (Law 52/2007)

What documents are needed to apply for Spanish Nationality under the Grandchildren`s Law? 

The required documents to apply for Spanish nationality under the Grandchildren`s Law vary depending on the applicable case. Below are the documents needed in each case, 

Documents needed in Case 1: 

• Certified literal birth certificate of the nationality applicant, updated and apostilled. 
• In case of applying for nationality as the child of an original Spanish person, the birth certificateof the father or mother of the applicant, who has Spanish nationality. 
• In case of applying for nationality as the grandchild of an original Spanish person, the birth certificate of the grandfather or grandmother of the applicant, who has Spanish nationality. 
• Birth certificate of the father and/or mother of the applicant, who does not have Spanish nationality, updated and apostilled. 
• Civil marriage certificate of the parents of the applicant, updated and apostilled, if the marriage existed at the time of the applicant`s birth. 
• Copy of the valid passport of the applicant. 

Documents needed in Case 2: 

In addition to the documents mentioned in the previous section, in the case of children or grandchildren of those who were originally Spanish and lost or renounced their nationality, documentation proving the exiled status of the father, mother, grandfather, or grandmother is required. 

Documents needed in Case 3: 

Applications for nationality of sons and daughters born aborad to Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution og 1978 will require the following documents: 

• Certified literal birth certificate of the nationality applicant, updated and apostilled. 
• Birth certificate of the father of the applicant, updated and apostilled. 
• Birth certificate of the mother of the applicant, updated. 
• Civil marriage certificate of the parents of the applicant, updated and apostilled. 
• For marriage formalized between August 5, 1954, and December 28, 1978, in addition to the four documents above, documentation proving the acquisition of nationality by the husband`s mother is required. 
• This document is not necessary for marriages formalized before August 5, 1954. 
• Copy of the valid passport of the applicant. 

Documents needed in Case 4: 

• Certified literal birth certificate of the nationality applicant, updated and apostilled. 
• Birth certificate of the father or mother of the applicant, who acquired nationality under the Historical Memory Law (Law 52/2007) or Grandchildren`s Law (Law 20/2022).
• Birth certificate of the father and/or mother of the applicant, who does not have Spanish nationality, updated and apostilled. 
• Civil marriage certificate of the parents of the applicant, updated and apostilled, if the marriage existed at the time of the applicant`s birth. 
• Copy of the valid passport of the applicant. 

Where should Spanish Nationality be requested under the Granchildren`s Law? 

The place to request Spanish Nationality under the Grandchildren`s Law is determined by the applicant`s place of residence. 

Applicants residing aborad: these applicants muts be made through the Spanish consulate in the country of residence by appointment. 

Applications with legal residence in Spain: these applications must be made through the corresponding Civil Registry at the applicant`s address. 

When should Spanish Nationality be requested under the Grandchildren`s Law? 

It is important to note that the Grandchildren`s Law is temporary, with a validity period of 2 years, extendable for an additional year.

At Gentile Law, we have extensive experience in the application for Spanish Nationality under the Grandchildren`s Law, successfully advising numerous clients in multiple consulates worldwide. We are committed to providing the best assistance and facilitating the path to obtaining Spanish Nationality. 

To all those interested in applying for Spanish Nationality under the Grandchildren`s Law, Gentile Law offers the expert support needed to achieve a favorable result quickly and securely.