Spanish Nationality: Democratic Memory Law (2024-2025)

How to Apply for Spanish Nationality Through the Democratic Memory Law

This post explains how to apply for Spanish nationality under the Democratic Memory Law. Law 20/2022, enacted on October 19, allows descendants of exiles who left Spain before 1978 to obtain Spanish nationality. Interested in learning how?

If you need to obtain Spanish nationality and are residing inside or outside of Spain, don’t hesitate to contact us through our Contact Form to hire an expert lawyer.

Basic ideas

The Democratic Memory Law is a set of measures introduced by the Spanish government to deepen restorative justice following the Franco dictatorship. It includes various regulations for different administrative sectors to align with this goal. The eighth additional provision of the law introduces a specific process for granting Spanish nationality to descendants of exiles. This provision allows descendants of those exiled for political, ideological, or religious reasons to acquire Spanish nationality. The process also applies to children of Spanish women who lost their nationality before the 1978 Constitution due to marriage to foreigners.

Spanish legislation permits individuals to obtain nationality if their ancestors were exiled around 1936-1939. This is based on the ius sanguinis principle, meaning nationality is inherited from Spanish parents or grandparents. Many descendants in Latin American countries, where ius solis (nationality by birth) prevails, may not have claimed Spanish nationality. However, both descendants and parents can apply for Spanish nationality through ius sanguinis if they can prove Spanish ancestry.

The procedure is outlined in the Instruction of October 25, 2022.

How much time do I have to apply for nationality?

The regulation establishes that, since the entry into force of the Law of Democratic Memory, those who wish to obtain nationality by this means have until October 2024. However, the regulation itself provides for an extension. This is stated in the EIGHTH ADDITIONAL PROVISION:

2. In all cases, this declaration must be formalized within two years of the entry into force of this law. At the end of this period, the Council of Ministers may agree to extend it for one year.

The Law of Democratic Memory came into force on October 21, 2022. That means, that originally there was until October 21, 2024 to submit the applications, being that the applications submitted later will not be accepted. The Instruction of the Ministry of Justice already states that the important thing is not that the application is resolved within this two-year period, but that the application is submitted within this period, and then the Administration will decide.

Despite the legal term of two years, the legislation itself, in its Eighth Additional Provision, paragraph 2, indicates that the Spanish Government may issue an extension of a maximum of one year. This has already occurred, specifically, on July 9, 2024, so the interested parties have until October 21, 2025 to submit the application.

What documentation is necessary?

The documentation required is relatively simple if we take into account other types of nationality applications. We proceed to expose it:

– Consular certifications that accredit the residence in the host country.

– Identity document of the applicant.

– Literal birth certificate of the applicant, legalized/apostilled and, if necessary, translated.

– Literal certificate of birth of the applicant’s Spanish father or mother, grandfather or grandmother.

– Literal certificate of birth of the father or mother, the one that corresponds to the line of the Spanish grandfather/grandmother, of the applicant, legalized/apostilled and in its case, translated.

– Documents accrediting the exile status of the Spanish father or mother, grandfather or grandmother.

– Documents accrediting the expatriation or exit of the Spanish territory and stable permanence in the territory of another State.

Official Form: application for spanish nationality Law of democratic memory

There is a specific form to apply for Spanish nationality under the Law of Democratic Memory. It is necessary to attach this form at the time of submitting the documentation, for registration purposes. If it is not presented, it is possible that our application will be rejected.

For this reason, as in any administrative procedure, we must have all the papers in order and notarized.

How do I find my Spanish ancestor?

You may not know for sure where your ancestors came from. It is possible, for example, that you know that your grandmother was Spanish, but you do not know from which region of Spain. Or even if you know the Spanish province where she was born, you do not know in which town and, therefore, you cannot link her to a specific Civil Registry. As we have seen, one of the requirements to be able to obtain Spanish nationality in this way is to be able to demonstrate the ius sanguinis, that is, that we are descendants of a Spaniard.

For that, we can start by asking our relatives and family friends; with a little bit of luck it will be enough. However, if we do not have the necessary information, we can always go to the Portal of Spanish Archives or PARES. In this web page of the Spanish Government you can enter the name and surname of your ancestor and you will get his or her data and immigration card, which will be of invaluable help to find the corresponding Civil Registry.

How to obtain the birth certificate of my Spanish ancestor?

You will need to contact the Spanish Administration to obtain these documents, as well as the ecclesiastical institutions if you are interested in obtaining baptismal certificates, marriage certificates and the like.

It is at this stage that you should have a lawyer specialized in this type of matters, since you will need him/her to obtain the official documents to justify the Spanish origin of your ancestors. Navigating through the civil records of 100 years ago requires expertise, knowledge of the institutions and the ability to research the family tree. In this sense, we can only recommend you to trust AB Legal Services, so that we can help you to obtain your Spanish nationality.

Is it necessary to live in Spain to be eligible for this type of nationality under the Law of Democratic Memory?

The answer is no, it is not necessary to live in Spain to opt for nationality by this route. As we have seen, this nationality is based on the fact of having Spanish ancestors, while currently many nationalities are given by residence. Regarding the latter, it is necessary to remain legally residing in Spain for a number of years (ten, two, one or as many years as appropriate, depending on the case).

However, in this specific case it is only necessary to obtain the relevant Spanish documentation (mainly, birth or baptism certificates), being able to carry out the procedure from your country of residence..

Do I need to travel to Spain to apply for nationality in this way?

No, you do not need to travel to Spain to apply for citizenship through the Law of Democratic Memory. That is, you can do it comfortably from your country of residence. However, the Spanish Administration does not currently allow you to apply for nationality through the Internet.

This means that, in order to obtain it, you will have to go to the nearest Spanish consulate with a specific appointment to apply for this type of nationality. In fact, we have come across cases of many people who wish to come to Spain to formalize the application, with an appointment at the Central Civil Registry, but it is not possible to do so, since they do not have legal residence in Spain.

Finally, if you already reside in Spain and want to make use of this right, you will have to go to the corresponding Civil Registry according to your domicile.

Do I need a lawyer to become a citizen?

As it is not a judicial proceeding, you do not need a lawyer or solicitor. However, at AB Legal Services we recommend that you have legal assistance, so that there are no surprises and you are on the safe side. So, if you count on our legal assistance:

You will have permanent assistance during the whole process by professionals qualified to carry out this type of procedures.

You will not have to worry about what means of proof you need to prove your Spanish ancestry.

You won’t have to worry about preparing the documentation and the written submissions.

You will not have to worry about obtaining the appointment at the corresponding consulate.

You will not have to worry about the procedure to follow and the allegations to make.

Conclusions: obtaining Spanish nationality

Now that you know everything you need to constitute an unmarried couple to process an immigration procedure, do not hesitate any longer: put yourself in the hands of our professional experts at AB Legal Services, and let us help you to get your Spanish nationality.

Remember that if you are in a situation where you need to obtain the Spanish nationality and you are residing both inside and outside Spain, do not hesitate, contact us to hire an expert lawyer in the Contact Form.