Law of democratic memory: access to Spanish nationality – Global Mobility

Paying tribute to your ancestors, acquiring European nationality, transmitting it to your grandchildren and children, and having one of the most powerful passports in the world, are some of the benefits of being a Spanish citizen.

From Chirgwin, we invite you to learn about the Law of Democratic Memory of Spain that has made it more accessible to obtain such nationality. Also called the “Ley de Nietos” (Law of Grandchildren), it came into force in October 2022 and establishes the following requirements:

1) Born outside Spain of father/mother, grandfather/grandmother, who originally would have been Spanish. It is not required to prove that they emigrated in a specific period nor does it affect the country where they settled.
2) Born outside Spain of a father/mother, grandfather/grandmother, who were originally Spanish and who, as a consequence of having suffered exile for political, ideological, or religious reasons or for reasons of sexual orientation and identity, have lost or renounced their Spanish nationality.
3) Sons/daughters of Spanish women who lost their nationality because they married foreigners before the entry into force of the Spanish Constitution (28/12/1978).
4) Sons/daughters who could not be naturalized as Spaniards because they were of legal age at the time when the Spanish father or mother obtained the Spanish Nationality of origin by the Law of Historical Memory (Law 52/2007).
5) Any child of Spanish parents who obtained Spanish Nationality of origin through the previous Law of Historical Memory (Law 52/2007).
6) Obtained Spanish Nationality by option as children of parents who were originally Spanish (Law 36/2002).

The interesting thing about this law is that the applicants do not need to reside in Spain to apply for it and, once granted, they will have the nationality of origin, i.e., as if they had been born in that country and with the ability to pass it on to their descendants. However, those interested will only be able to do so until October 2024.

Chirgwin, through the #GlobalMobility area, collaborates with the Spanish law firm JLCA Abogados, which provides support to those interested in making the application.

For additional information, please contact us through our Linkedin profile or through our Global Mobility Director, Débora Palmeiro Brasil, by sending an email to debora@chirgwin.cl.

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Raquel Frattini

Raquel Frattini

International Associate
Andrés Chirgwin

Andrés Chirgwin

Partner

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