Spanish Nationality under the Democratic Memory Law

Who is eligible to apply for Spanish nationality under the Democratic Memory Law?

According to Law 20/2022, dated October 19, on Democratic Memory, and the Instruction of October 25, 2022, from the Directorate General of Legal Security and Public Faith regarding the right to opt for Spanish nationality established in the eighth additional provision of the Democratic Memory Law, the following individuals may apply for Spanish nationality:

1. Individuals born outside of Spain to a father or mother, grandfather or grandmother, who were originally Spanish, and those born outside of Spain to a father or mother, grandfather or grandmother, who were originally Spanish and who, as a result of having suffered exile for political, ideological, or beliefs-related reasons, or due to sexual orientation and identity, have lost or renounced Spanish nationality.
2. Sons and daughters born abroad to Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978.
3. Adult sons and daughters of those Spaniards to whom their original nationality was recognized under the right to opt in accordance with the Democratic Memory Law (Law 20/2022) or the so-called Historical Memory Law (Law 52/2007).
4. Likewise, individuals who, being children of a father or mother originally Spanish and born in Spain, have opted for Spanish nationality not of origin in accordance with Article 20.1.b) of the Civil Code, as well as minor children of those who acquired Spanish nationality under the Historical Memory Law, who, in turn, opted for Spanish nationality not of origin by exercising the right to opt provided for in Article 20.1.a) of the Civil Code because they were under the parental authority of a Spaniard, may now also avail themselves of the option provided for in the eighth additional provision of the Democratic Memory Law in order to obtain subsequent Spanish nationality of origin.

Where, how, and when should the application be submitted?

The application must be submitted in person at the Civil Registry office of the applicant’s residence, along with a photocopy of the application, which will be stamped and returned to the applicant as proof of timely submission. Applicants residing in Spain must carry out the procedure at their corresponding Civil Registry.

Applications must be submitted within  October 21, 2024.