The Spanish Ateneo in Mexico City, a symbol of the republican exile SAÚL RUIZ
Latin Americans have a greater range of options for gaining Spanish citizenship. The law of democratic memory, known as the law of grandchildren, which has been in force since last October, facilitates access for the grandchildren and children of Spaniards who fled the civil war and those who went into exile for political reasons during the Franco regime went. The new norm, whose sense of reparation for the victims goes far beyond the citizenship rights of their descendants, adds three new requirements for the granting of citizenship to the Historical Memory Law, in force since December 2008. The universe of possible applicants has a major impact on Latin America, where a large part of the Spanish diaspora goes went in the last century.
According to the new norm, they can now opt for Spanish nationality “those born outside Spain to father or mother, grandfather or grandmother who were originally Spaniards and who have suffered as a result of political and ideological exile for reasons of belief or sexual orientation and identity had lost or renounced their Spanish nationality”. This can also be “the adult sons and daughters of those Spaniards whose nationality of origin has been recognized by virtue of an option right under the provisions of the previous law of democratic memory”. The third group affected by the new law are the foreign-born sons and daughters of Spaniards who lost their nationality through marriage to foreigners before the 1978 Constitution came into force.
Descendants of Spaniards in exile have two years from October 21, 2022, when the law came into force, to provide all documentation, although this period can be extended by a further year if decided by the Council of Ministers. The law considers all Spaniards who left the country between July 18, 1936 and December 31, 1955 as exiles.
If you left Spain between January 1st, 1956 and December 28th, 1978, the applicant for naturalization must provide additional documents to prove the exile status of his parents or grandparents. There are many possibilities: you have received a pension as an exile or you can present certificates issued by political parties, trade unions or institutions recognized by the Spanish authorities. A passport or travel document stamped by the host country or other document proving income must also be attached.
One of the differences with the previous law is that the new law allows for generational leaps: the grandchildren of Spaniards who went into exile between 1936 and 1975 can start the process regardless of whether their parents have already done so. The law of historical memory clashed with the fact that the grandchildren of Spaniards often found that their parents were already deceased and had not applied for citizenship, either for lack of interest or because they felt alienated from the Franco dictatorship’s past. If the parents were alive, another obstacle was added: they could only transfer the right to citizenship to their children under the age of 21.
To access the benefits of the Grandchildren Act, you must gather all the necessary documentation and then request an appointment online with the Spanish consulates that operate in each Latin American country. In any case, the service of a manager is not required.
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