We finally have the publication of the Democratic Memory Law in our hands. Colloquially, this Law has been called the Law of Grandchildren on the Internet but it really covers other descendants of Spaniards, in addition to grandchildren.
The link of the BOE of October 20, 2022 where the Law appears so that all those clients who wish to can consult the legal text is attached:
https://www.boe.es/buscar/act.php?id=BOE-A-2022-17099
The Law grants the descendants of Spaniards who can prove that their ancestors had to go into exile or that their mother lost her nationality due to a marriage. If you need more information on this point, in addition to the link of the Law, you can read the brief summary that we have made last week, in this link: https://www.pineradelolmo.com/spain-approves-the-law-of -grandchildren/
The volunteers of the international brigades and in some cases also their descendants may also opt for nationality. Specifically to those descendants who can prove a continued work of disseminating the memory of their ancestors and the defense of democracy in Spain.
To conclude, mention that the Public Administration of Spain has published an instruction that clarifies the concise eighth additional provision of the Law. For example, said provision indicates that applicants must provide a valid identity document and a literal birth certificate as well as evidence of being descendants of Spaniards. It also regulates the documentation to be provided for the different cases. For example, in the case of exiles, the exile status of the ascendant must be accredited.
On the other hand, in the cases in which it is an assumption of section 1.a) of the eighth additional provision of Law 20/2022, it would be necessary, for example, in addition to proving the birth of the Spanish mother, also her marriage. and, in some specific cases, the acquisition of the new nationality and even a document accrediting the foreign legislation of acquisition of nationality by marriage could also be required.
In any case, if you need more information, you can contact our lawyers. Remember that this text does not constitute advice and if you want exact information you should contact a lawyer.
Piñera del Olmo
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Phone: +34 93 514 39 97
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Email: rpinera@pineradelolmo.com