Unlocking Spanish Nationality for Descendants of Exiled: Apply Before the Deadline

 

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Unlocking Spanish Nationality for Descendants of Exiled: Apply Before the Deadline!

*Update: Since publishing this blog in June of 2024, the deadline for applications has been extended by a full year to 21 October 2025. The Democratic Memory Law offers a new way to obtain Spanish nationality for the descendants of those Spaniards who had to go into exile due to persecution during the Civil War. Considering this deadline extension, we encourage applicants to take their time carefully curating their application.

The Spanish Civil War and the subsequent Franco dictatorship caused widespread repression and forced many opponents into exile. This period not only affected those who directly opposed the regime but also negatively impacted their descendants, depriving them of their connection to Spain. Consequently, many descendants have not been able to gain Spanish nationality, severing their ties to their ancestral homeland.

In response to this issue, the Spanish Civil Code was amended in 2002 to allow children of Spaniards to opt for Spanish nationality. However, this amendment did not specifically address the needs of those affected by Franco’s repression.

To remedy this, the Spanish government enacted the Historical Memory Law in 2007, aimed at recognizing and expanding rights to Spanish nationality for descendants of those who suffered persecution or violence during the Civil War and Franco’s dictatorship.

This law was recast in 2021 into the Democratic Memory Law, which introduces a new pathway to access Spanish nationality, offering a more comprehensive and inclusive approach. The deadline to apply for Spanish nationality in line with the Democratic Memory Law is October 21, 2024.

The Democratic Memory Law Enhancements

The Democratic Memory Law broadens the range of individuals and circumstances that qualify for Spanish nationality. The primary pathways for applying for nationality under the law include:

• • • Children born outside of Spain to fathers or mothers, grandmothers, or grandfathers, who had originally been Spanish, and who, as a consequence of having suffered exile for political, ideological or belief reasons, or sexual orientation and identity, had lost or renounced their Spanish nationality.
    • Children born abroad to Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution took effect.
    • Adult children of Spaniards who regained their Spanish nationality through the Historical Memory Law or the current Democratic Memory Law. This provision ensures that the benefits of these laws extend to the next generation, preserving their connection to Spain.
    • Individuals who gained Spanish nationality following the provisions of the Historical Memory Law and now seek to adjust their status to obtain Spanish “nationality of origin.” This allows individuals to correct their status and obtain full “nationality of origin,” aligning with the law’s reparative intent.
    • Volunteers of the International Brigades who participated in the Spanish Civil War (1936-1939)

The Democratic Memory Law confers Spanish nationality status from the moment it is granted.

The Democratic Memory Law does not require applicants to renounce their other nationality when acquiring Spanish nationality, providing greater flexibility.

Application Process

The process for obtaining Spanish nationality starts with applying at the Civil Registry. If you are applying from Spain, you need to submit your application to the Civil Registry office in your place of residence. For those applying from abroad, the application must be submitted to the Spanish Consulate in your place of residence.

The required documents for this process can be extensive and complex because they often need to be obtained from various authorities. This can include acquiring older documents, such as birth certificates, which can be challenging to locate and retrieve. Additionally, all documents must be in Spanish and properly legalized.

The Civil Registry officer will review the submitted application and, if all requirements are met, the application will be approved, and the applicant will be required to make an oath of allegiance before being provided with a certificate confirming their Spanish citizenship. This will thereafter allow them to apply for a Spanish passport.

Processing times can vary significantly, and there is no legally defined period for completing the application.

Approaching Deadline: October 21, 2024

Applying for Spanish nationality in line with the Democratic Memory Law is only available until October 21, 2024, with a potential extension of this deadline until October 21, 2025, subject to government approval. This limited time underscores the urgency for eligible individuals to take advantage of this opportunity. 

Need to Know More?

For more information or questions on navigating the rules set out by the Democratic Memory Law, please contact Senior Manager, Nayra Prado at [email protected] or Miguel Cortés Ordóñez at [email protected].

This blog was published on June 12, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

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