Building upon the 2007 Historical Memory Law (Ley 52/2007, de 26 de diciembre), which aimed to acknowledge the rights of victims of the Franco dictatorship, the Democratic Memory Law expands eligibility to second-generation descendants. During the Spanish Civil War and Franco’s regime, over 500,000 Spaniards sought refuge abroad, primarily in France and various Latin American nations. The 2007 law allowed first-generation descendants of these expatriates to acquire Spanish passports. Now, after 17 years, the Democratic Memory Law extends this provision to second-generation descendants.
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Article 33 of the Democratic Memory Law grants Spanish nationality to volunteer members of the International Brigades, acknowledging exceptional circumstances for their acquisition of Spanish nationality. It states: “For Article 21.1 of the Civil Code, exceptional circumstances are understood to exist in the volunteer members of the International Brigades who participated in the War from 1936 to 1939 for the acquisition of Spanish nationality by naturalisation, with the requirement of renunciation of their previous nationality required in Article 23.b) of the Civil Code not applying to them. Likewise, it will be understood that the same circumstances exist in the descendants of the brigadistas who demonstrate a continued work of disseminating the memory of their ancestors and the defence of democracy in Spain.”
The Spanish Government has announced an extension of the deadline to apply for nationality under the Democratic Memory Law until October 2025. This extension offers applicants an additional year to submit Spanish nationality applications.
Del Canto Chambers’ dual-qualified, multilingual tax lawyers have handled over 500 complex cases from Europe, the Middle East, Latin America, and Asia. Discerning London-based and international clients, corporations, solicitors, and tax advisors count on our expertise.
Del Canto Chambers has a specialised professional team of legal experts ready and eager to assist the sons, daughters and grandchildren of Spanish citizens, as well as members of the International Brigades and their descendants, with their Spanish nationality applications. We invite you to contact one of our expert lawyers via phone or email for a free consultation.
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