The Democratic Memory Law has generated great expectations among descendants of Spaniards, especially in Latin America, as it allows up to four generations of descendants to obtain Spanish nationality.
The Instruction of October 25, 2022, of the General Directorate of Legal Security and Public Faith , establishes the guidelines for opting for Spanish nationality under the eighth additional provision of Law 20/2022, of July 19.
The aforementioned additional provision has aroused great interest, as it expands access to Spanish nationality not only to the children of exiles, as established by the Historical Memory Law of 2007, but also to the descendants of Spaniards of origin , among others .
Below, I will answer some frequently asked questions about who is eligible for Spanish nationality under this law:
1.- Who can apply for Spanish nationality under assumption 1?
Those born outside of Spain to a father or mother, grandfather or grandmother, who were originally Spanish and who have suffered exile for political, ideological, or religious reasons, or because of their sexual orientation or identity.
2.- Can all descendants of originally Spanish citizens apply, even if they were not exiled and had left Spain in any year and had renounced Spanish nationality or not?
Yes, the children and grandchildren of Spanish nationals may apply for Spanish nationality.
3.- Who can apply for Spanish nationality under assumption 2?
The sons and daughters born abroad of Spanish women who lost their nationality for marrying foreigners before the entry into force of the 1978 Constitution.
4.- Who can apply for Spanish nationality under assumption 3?
Adult sons and daughters whose nationality of origin was recognized by virtue of Law 52/2007 (Historical Memory Law) and adult sons and daughters of those who opt for Spanish nationality by virtue of Law 20/2022.
5.- Can great-grandchildren, great-great-grandchildren, etc., apply for Spanish nationality under the Democratic Memory Law?
Yes, in the following cases:
- Adult children (great-grandchildren) whose mother or father (grandchildren of a Spaniard of origin) have acquired Spanish nationality under Law 52/2007.
- Adult children (grandchildren, great-grandchildren, and even great-great-grandchildren) of parents who obtain it under current law, as the case may be.
- Those who have a Spanish great-grandfather and can prove that the great-grandfather’s son (the applicant’s grandfather) was also originally Spanish.
6.- Will all adult children of those who acquire Spanish nationality under this new law also be eligible for Spanish nationality?
As for whether all adult children of those who acquire Spanish nationality under this new law will also be eligible for Spanish nationality, the answer is yes, provided they apply within the two-year period stipulated by law.
7.- Can I apply for Spanish nationality along with that of my father or mother?
Regarding whether you can apply for Spanish nationality alongside your father or mother, the instructions do not define this, but it is suggested that you submit the application after your father or mother’s and provide proof of submission with the rest of your documents.
8.- Do the documents submitted in this application expire?
Regarding the expiration date for the documents submitted in this application, the instructions do not stipulate anything in this regard, but it is recommended to submit recent documentation to avoid additional requirements.
