Law 20/2022, of October 19, on Democratic Memory, published in the BOE on October 20, 2022, in its eighth additional provision provides the following regarding the posiibility to acquire the Spanish nationality:

  1. Those born outside Spain to a father or mother, grandfather or grandmother, 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 the Spanish nationality, may opt for Spanish nationality, for the purposes of article 20 of the Civil Code. Likewise, people who are in the following cases may acquire Spanish nationality:
  • Sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution.
  • The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this Law or in the Seventh Additional Provision of Law 52/2007, of 26 December (HISTORICAL MEMORY LAW)

In all cases, this declaration must be formalized within a period of two years from 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.

In the Eighth Additional Provision itself, therefore, a period of two years from the publication of said law is established to be able to exercise the option, although it can be extended for an one more year.

The Spanish Government has proceeded to extend the possibility of submitting the application for Spanish nationality through the Democratic Memory Law by descendants until October 2025, therefore extending the planned deadline that was until the end of 2024.

Where should the application be submitted?

If you are outside of Spain, the application must be made at the Spanish Consulate in your country of origin or where you have legal residence.

If you are in Spain you must make it to the Civil Registry of your domicile and this will send the request to the Central Civil Registry, the body responsible for these requests.

If you need a lawyer to process your application for Spanish nationality under the Democratic Memory Law, do not hesitate to contact us.