Achieving Spanish nationality through the Democratic Memory Law

The new law, the Democratic Memory Law introduced in Spain on 21 October 2022, also called the "Law of Democratic Memory" allows the many descendants of Spanish parents and grandparents who were targeted and forced out under General Franco’s fascist dictatorship, to obtain Spanish nationality. As well as individuals who are children of a Spanish mother married to a foreigner before 1978 and the children and grandchildren of Spanish parents and grandchildren, provided they fulfil some of the following conditions: 

• Being the child or grandchild of a person who is Spanish. 

• Being the child or grandchild of a Spanish citizen that had to leave Spain during the Civil War and the subsequent dictatorship

• Being the child of a Spanish mother married to a foreigner before 1978 resulting in loss of Spanish citizenship. 

• Being an adult whose parents acquired Spanish citizenship based on the temporary rules of the Historical Memory Law of 2007 and as an adult is no longer under parental authority.

After the publication of the new law, there was some uncertainty expressed as to how and where an application under the new law should be made, which created considerable doubt in how certain aspects of the law, such as whether proof of exile would be applied. However, Giambrone & Partners immigration lawyers are highly experienced and can confidently guide any individuals and their family through an application under the new law. 

Despite the law being extremely new, unique and without precedent, Giambrone & Partners immigration department have been able to easily navigate the new procedures, using their legal expertise to make a decision as to which documents are the most appropriate to accompany an application. Our lawyers also established where the application had to be submitted. There are still some procedures that need to be clarified, for example, each Consulate may ask for additional information that is not included in terms published in the new law. 

Coral Delgado, an associate, commented “The new law is complex and it is anticipated that there will be a high demand under this law. Giambrone & Partners has achieved a significant milestone in that we have assisted many clients to obtain Spanish nationality by this means this month.” Coral further commented. “this new route to Spanish citizenship has a few hitches, one of which is, unfortunately, the Spanish consulate in London has yet to implement a platform for appointments enabling an application to be made online for this nationality. Consequently, we had to submit the applications via email. After the initial appointments had been smoothed out by our lawyers, it took less than twenty days for their new Spanish nationalities to be granted”

Following this success, the lawyers in Giambrone & Partners’ immigration department are confident that any future applications will be even more efficient as they develop a close working relationship with the Consulate enabling the whole process to be achieved in the shortest possible time.

 Coral Novalvos Delgado is an associate based in the Barcelona office. She specialises in all aspects of immigration law. In support of her choice, she completed a Master's Degree in Law Bar and studied Korean and Japanese at the Centre for East Asian Studies. Coral also took part in a programme entitled "Reconfiguring Europe an Old Continent in a New Millennium" at the Charles University in Prague, as well as undertaking a course "The European Union" at the European Documentation Centre and a further course "International Aspects of the Right of Family and Successions and its Regulation in the European Union ", at the University of Seville. In addition, during the Master's degree, she received complementary optional training in organized crime, European Union institutions and gender violence.

If you would like to know more about obtaining Spanish citizenship through the new Democratic Memory Law please contact us at clientservices@giambronelaw.com or click here.