Law 20/2022
democratic memory
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Access to the acquisition of the
Spanish nationality by option, according to the
Democratic Memory Law
Law 20/2022, of October 19, on Democratic Memory (BOE of October 20) establishes, in its eighth additional provision, the possibility of acquiring Spanish nationality for:
a) Those born outside of Spain to a father or mother, grandfather or grandmother, who Originally they would have been Spanish, and that, as a consequence of having suffered exile for political, ideological or belief reasons or sexual orientation and identity, would have lost or renounced Spanish nationality ;
b) Sons and daughters born abroad of Spanish women who lost their nationality by marry foreign before the entry into force of the 1978 Constitution.
c) The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this law or in the seventh additional provision of Law 52/2007, of December 26, by which rights are recognized and expanded and measures are established in favor of those who suffered persecution or violence during the Civil War and the Dictatorship.
Documentation to present:
1. Common documentation for the three sections of the eighth additional provision:
to) Document proving the identity of the applicant. b) Literal birth certificate of the applicant, issued by the local Civil Registry in which it is registered.
2. Additional documentation for the cases of the first paragraph of section 1 of the eighth additional provision of Law 20/2022:
to) Literal birth certificate of the applicant's father, mother, grandfather or grandmother, who originally had been Spanish.
b) If the application is made as the grandson of a grandfather of Spanish origin, a literal birth certificate of the father or mother - the one that corresponds to the line of the Spanish grandfather or grandmother - of the applicant must also be provided.
c) Documentation proving the exile status of the father, mother, grandfather or grandmother referred to in section 3 (Proof of exile status).
Interested parties may prove their grandfather's or grandmother's condition of exile by providing one of the following documents:
to) Documentation proving having been a beneficiary of the pensions granted by the Spanish Administration to exiles that proves exile directly and by itself.
b) Documentation from the United Nations International Refugee Office and the Refugee Offices of the host States that assisted the Spanish refugees and their families.
c) Certifications or reports issued by political parties, unions or any other entities or institutions, public or private, duly recognized by the Spanish authorities or the host State de exiles, who are related to exile, either because its members have suffered exile, or for having excelled in the defense and protection of Spanish exiles, or for currently working on moral reparation and the recovery of personal and family memory of the victims of the Civil War and the Dictatorship.