Introduction
Law 20/2022 on Democratic Memory, informally known as the “Great-Grandchildren Law”, offered an unprecedented opportunity for descendants of Spaniards by widening access to Spanish nationality, especially through its Eighth Additional Provision. This rule allowed people whose father, mother, grandfather or grandmother was Spanish to opt for Spanish nationality of origin, provided they could prove their line of descent from the Spanish ancestor. This significantly widened the scope of people who can access Spanish nationality, reaching not only great-grandchildren but, in some cases, great-great-grandchildren of Spaniards by origin.
The deadline to submit applications under the Eighth Additional Provision closed in October 2025. The arguments below remain relevant for files that are still being processed or under appeal.
In our experience with many Democratic Memory Law nationality files, we have found that the burden of proof and the study of genealogical records tend to be the main challenges during the processing of the file. This is because of the age of the required documents, such as baptism records of the Spanish ancestor, marriage records and other documents.
The historical context is essential here: the key evidence usually dates from between 1800 and 1900. In that era, before the modern Civil Registry was established, births, marriages and deaths were mainly recorded by church institutions such as parishes. The fragility of these old records, combined with events such as fires or other disasters, has often led to the loss or destruction of many of these valuable historical archives.
Although these circumstances can complicate the process, it is essential to analyse each case individually to decide the best strategy. Building solid arguments to support each application allows the competent authority to consider the specific challenges of each situation. In other words, a tailored approach increases the chances of a favourable decision. In the following sections, I share a series of arguments that could be key to strengthening your file if you face a similar situation.
Arguments to Address Evidence Problems Under the Democratic Memory Law
a) Context and Spirit of the Democratic Memory Law
First of all, it is essential to bear in mind that the Democratic Memory Law sets a legal framework that requires special consideration of the historical circumstances of emigration and the age of the documents. In other words, this legislative approach explicitly recognises the inherent difficulties in obtaining historical records and seeks to facilitate, NOT obstruct, the recognition of Spanish nationality.
The spirit of the law therefore appears to be to remove bureaucratic barriers and foster intergenerational cohesion, recognising the legacy of Spanish emigrants, with the primary aim of correcting past injustices, not perpetuating them through restrictive interpretations.
In short, one argument in our favour is that a rigid or overly restrictive application of documentary requirements would directly contradict the purpose and spirit of the Democratic Memory Law. Such a restrictive approach would not only be inconsistent with the legislator’s intention, but could also result in a new historical injustice, precisely what the law seeks to avoid.
b) Obtaining Essential Documents: Administrative Inefficiencies and Citizens’ Rights
Many applicants have faced situations in which, to obtain an essential document, they are asked for further documents, often disproportionate and unnecessary, creating an endless process.
Added to this is the lack of cooperation from some foreign administrations and unjustified delays. These delays, entirely beyond the applicants’ control, reveal an administrative inefficiency that should never harm those who are diligently seeking to exercise their rights.
An additional argument, then, is that under the fundamental principles of Spanish administrative law, citizens should not bear the consequences of bureaucratic delays.
c) Presumption of Truthfulness and Freedom of Evidence Under the Democratic Memory Law
Some documents submitted with applications, including those that justifiably cannot be provided as originals or certified copies, should enjoy a presumption of truthfulness unless there is conclusive evidence to the contrary. This presumption should apply whenever other evidence supports the file, without being strictly limited to specific documents.
Another argument, therefore, is to recognise the importance of the presumption of truthfulness and the principle of freedom of evidence in the context of the Democratic Memory Law, given the age of the documents and the significant limits on access to historical archives. Requiring original evidence or specific certificates would often amount to imposing an impossible burden of proof on applicants, a situation made worse by factors such as the possible destruction of archives during historical conflicts, changes in registration systems over time and the circumstances of exile, which often involved the loss of personal documents.
d) Equality and Non-Discrimination in Applying the Democratic Memory Law
Several Spanish consulates, especially the one in Havana, Cuba, have been taking a more flexible approach to processing nationality files. These consulates:
- Accept applications from different generations at the same time.
- Recognise the Spanish origin of ancestors on their own initiative, where appropriate.
- Avoid requiring posthumous registrations or disproportionate evidence.
This disparity in criteria between Spanish consular offices around the world not only creates legal uncertainty but also contravenes the fundamental right to equality before the law, recognised in Article 14 of the Spanish Constitution. This unequal application of criteria across consulates would therefore infringe the right of descendants of Spaniards to equal and non-discriminatory treatment, a cornerstone of the rule of law and of the international human rights treaties ratified by Spain.
Under the principle of equality and non-discrimination, it is therefore essential that equally favourable conditions apply to all applicants, regardless of the consulate where they apply. A uniform application would not only guarantee fair treatment but also strengthen legal certainty by ensuring a consistent interpretation of the Democratic Memory Law across all Spanish consular offices.
Conclusion
The Democratic Memory Law offered a valuable opportunity for descendants of Spaniards, but evidence problems related to obtaining documents can complicate the process. It is essential that the authorities take a flexible and fair approach to ensure that all applicants can access their historical rights without facing unnecessary barriers.
If you need further advice or would like us to handle your case, contact MigratioLex. We specialise in these procedures and are here to help you navigate the process effectively.
