The process of acquiring Spanish nationality through the Democratic Memory Law is designed to make it easier for descendants of Spaniards who went into exile during the 20th century to obtain citizenship. This procedure allows those who can demonstrate their family ties with Spaniards who suffered political, economic or cultural persecution during the civil war and the Franco dictatorship, to access nationality in a more agile and simplified way. Applicants must present a series of documents that prove their relationship with the exile, as well as meet certain requirements established by law.

The process of acquiring Spanish nationality through the Democratic Memory Law is designed to make it easier for descendants of Spaniards who went into exile during the 20th century to obtain citizenship. This procedure allows those who can demonstrate their family ties with Spaniards who suffered political, economic or cultural persecution during the civil war and the Franco dictatorship, to access nationality in a more agile and simplified way. Applicants must present a series of documents that prove their relationship with the exile, as well as meet certain requirements established by law.

Subjects with rights:

  Born outside of Spain to a father, mother, grandfather or grandmother who, being originally Spanish, lost or renounced their nationality as a result of having suffered exile due to political, ideological or religious repression during the Civil War or Franco's regime.

Key requirements:

  It must be proven that the exile lost or renounced Spanish nationality due to the circumstances of exile, whether forced or due to persecution.

Particularity:

  It focuses on historical reparation for the descendants of those who had to leave Spain and lose their nationality as a result of the political repression of the Franco regime.

Descendants of women who lost their nationality by marrying foreigners. This annex refers to the discrimination that affected Spanish women who, before the entry into force of the 1978 Constitution, lost their Spanish nationality by marrying foreigners.

Subjects with rights:

  Sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution.

Key requirements:

  The marriage to the foreigner must have taken place before 1978, the year in which the Constitution eliminated the automatic loss of nationality for women who married foreigners.

Particularity:

  It seeks to repair the gender discrimination suffered by Spanish women who, upon marrying a foreigner, automatically lost their nationality.

Sons and daughters of legal age of Spaniards who opted for nationality. This annex addresses the situation of adult sons and daughters whose parents acquired Spanish nationality of origin by virtue of the right of option established by this law or Law 52/2007.

Subjects with rights:

  Sons and daughters of legal age of people whose Spanish nationality of origin was recognized by Law 20/2022 (Democratic Memory) or the Seventh Additional Provision of Law 52/2007 (Historical Memory).

Key requirements:

  The parent must have obtained Spanish nationality of origin under the right of option.

 The adult son or daughter could not benefit directly as he or she was not under the parental authority of a Spaniard at the time of the parent's choice.

Particularity:

  This annex is aimed at adults, who could not automatically benefit when their parents acquired Spanish nationality.

Children of Spaniards who obtained nationality not by origin. This annex is related to the descendants of those Spaniards who acquired Spanish nationality not of origin by virtue of the right of option, but who can now opt for nationality of origin.

Subjects with rights:

  Sons and daughters of people who acquired Spanish nationality not by origin through: Law 36/2002, which reformed the Civil Code and Law 52/2007 (Historical Memory Law).

Key requirements:

  It applies to those whose parents acquired nationality not of origin through the right of option provided for in the previous regulations, but who can now opt for nationality of origin.

Particularity:

  It allows the descendants of those who acquired Spanish nationality not by origin to now obtain Spanish nationality by origin, a more solid category in terms of rights.

1. Eligibility Criteria

   Annex I: Descendants of exiled Spaniards who lost their nationality for political or repressive reasons.

   Annex II: Children of Spanish women who lost their nationality by marrying foreigners before 1978.

   Annex III: Adult children of Spaniards who opted for nationality under previous laws.

   Annex IV: Children of Spaniards who acquired nationality not by origin but can now opt for nationality by origin.

2. Type of Historical Situation:

  Annex I focuses on political exile.

  Annex II addresses gender discrimination before 1978.

  Annexes III and IV extend rights to adult descendants and children of those who acquired nationality not by origin.

Applicant Age:

  Annexes I and II: No age restrictions.

  Annex III: Specifically for adult children.

  Annex IV: Also applies to descendants of any age whose parents acquired nationality not by origin.

Relationship with Nationality by Origin:

  Annex IV introduces nationality by origin, allowing descendants of those who acquired nationality not by origin to now obtain it as Spaniards by origin.

In summary, the four annexes are mainly distinguished by the type of people affected by specific historical circumstances (exile, gender discrimination, right of option), their relationship with the nationality of origin or not of origin, and whether the beneficiary is a minor or adult.