MY PARENTS OR GRANDPARENTS WERE SPANISH, BUT THEY HAD TO GO INTO EXILE, WHAT DOCUMENTS DO I HAVE TO PRESENT TO PROVE THE EXILE?
As of October 21, 2022, the "Law 20/2022, of October 19, 2022, on Democratic Memory" came into force. "Law 20/2022, of October 19, 2022, of Democratic Memory" came into force.The purpose of this law, as a reparation measure for people who suffered exile, is to provide a rule for the acquisition of Spanish nationality for children and grandchildren of Spanish citizens in certain circumstances, i.e., this new law does NOT apply in all cases to apply for Spanish nationality.
Specifically in the Eighth Additional Provision, regarding the mode of acquisition of Spanish nationality, it is stated that the regulations indicate that:
"Those born outside Spain of a father or mother, grandfather or grandmother, who were originally Spanish, and who, as a consequence of having suffered exile for political, ideological or belief for political, ideological or belief reasons or for reasons of sexual orientation and identity, have lost or renounced Spanish nationality, may opt for Spanish nationality, for the purposes of Article 20 of the Civil Code".
DOCUMENTS TO PROVE EXILE STATUS
In all cases we do not have to prove the exile status of the parents or grandparents originally Spanish. We must take into account that anyone who left Spain AFTER July 1936 and until December 1978 will be considered an exile. All those who did so before will not be considered as such.
We have to clarify that in the Instruction that regulates the criteria of Law 20/2022, of October 19, of Democratic Memory, we find two groups of exiles:
- Those who were exiled between July 1936 and December 1955, WILL BE PRESUMED to be exiles, but must prove that they left Spain, entered the country of destination.
- Those who were exiled between January 1955 and December 1978 must PROVE their exile status.
According to the Democratic Memory regulations, the accreditation of the exile status of the father, mother, grandfather or grandmother is done by providing one of the following documents:
- Documentation that accredits having been a beneficiary of the pensions granted by the Spanish Administration to the exiles that proves directly and by itself the exile.
- Documentation from the United Nations International Refugee Office and the Refugee Offices of the host States that assisted Spanish refugees and their families.
- Certifications or reports issued by political parties, trade unions or any other entities or institutions, public or private, duly recognized by the Spanish authorities or the State of reception of the exiles, which are related to the exile, either because their members have suffered exile, or for having excelled in the defense and protection of Spanish exiles, or for currently working in the moral reparation and recovery of the personal and family memory of the victims of the Civil War and the Dictatorship.
The documents listed above will constitute proof of exile if presented together with any of the following documents:
- Passport or travel document with entry stamp in the host country.
- Certification of the registration record of the Spanish Consular Office.
- Certifications from the Consular Civil Registry proving residence in the host country, such as marriage registrations, birth registrations of children, death registrations, among others.
- Certification from the local Civil Registry of the host country certifying having acquired the nationality of that country.
- Documentation from the time of the host country showing the year of arrival in the host country or arrival by any means of transport.
HOW DO I DETERMINE WHETHER OR NOT I HAVE TO PROVIDE DOCUMENTATION OF EXILE STATUS?
This situation can only be answered with the documentation we have from our parents or grandparents, for example:
My grandfather was born in Barcelona in 1925, and he went into exile because he suffered violence during the Spanish dictatorship, I have his passport with the entry stamp in the host country, which was Venezuela, which was in July 1954. Do I have to provide documentary proof of exile, in this case NO, since the departure of the grandfather occurred from a period of time where the condition of exile will be presumed, however I have to provide the supporting document to prove the departure from Spanish territory.
We show you which would be the document that we should provide following the previous example:
However, each case is different, so we must evaluate the documentation we have from our parents and grandparents, as well as determine the case, since they are different and for each case specific documentation must be presented.
The law came into force on October 21, 2022 and those interested will have a period of 2 years to apply if they meet the requirements. If you wish to apply for the Spanish nationality through the Law of Democratic Memory, you can contact us to advise you and accompany you throughout the process.
