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The Democratic Memory Law:
A pathway to Spanish Residency
The Democratic Memory Law (Ley 20/2022, de 19 de septiembre, de Memoria Democrática) offers descendants of Spanish citizens and International Brigade Volunteers’ descendants the opportunity to obtain Spanish nationality. This legislation aims to protect the citizenship rights of those affected by the Spanish Civil War and the Franco dictatorship by enabling them to reclaim their Spanish nationality. Rooted in principles of justice and reparations, it seeks to address the injustices suffered by both victims and their descendants.
Our Experts in The Democratic Memory Law
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.
It is important to note that The Democratic Memory Law:
- does not impose an age limit for nationality applicants,
- applicants do not need to renounce their current citizenship
- or pass a Spanish language test.
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You can more about what clients have to say, about working with Del Canto Chambers here below.
The Democratic Memory Law outlines several scenarios for granting Spanish nationality:
- Those born outside of Spain to parents or grandparents who were originally Spanish, AND those born outside of Spain to parents or grandparents who were originally Spanish and lost or renounced Spanish nationality due to exile for political, ideological, belief-based or sexual orientation reasons.
- Children born abroad to Spanish women who lost their nationality due to marriage to foreigners before the 1978 Constitution came into force.
- Children of parents who obtained Spanish nationality under the 2007 Historical Memory Law (Seventh Additional Provision of Law 52/2007 of 26 December).
- International Brigade Volunteers and their descendants. Volunteers (and their descendants) who were members of the International Brigades during the Spanish Civil War from 1936 to 1939 may acquire Spanish nationality through naturalisation. Further information on this case can be found here.
The Democratic Memory Law and International Brigade Volunteers
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.”
What makes Del Canto Chambers the right choice for you?
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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