Descendants of exiles: who qualifies under the Democratic Memory law

Key rules

• Window: This was a one-time option with a time limit, and it closed in 2025.
• Presumed exile: Exile is presumed for anyone who left Spain between 18 July 1936 and 31 December 1955.
• No residence or tests: You did not need to live in Spain or pass a language or knowledge test.
• After 1955: If your ancestor left after 1955, you had to prove exile or its circumstances.

The short answer

The Democratic Memory law created a one-time route to Spanish nationality "by option" for descendants of Spaniards who went into exile, and for some others with Spanish family links. The window to apply has closed (it ended in 2025). Use this page to understand who qualified and what had to be proved. If you are looking at nationality today, ask a Spanish consulate or a lawyer which other routes remain open to you.

Who qualified

You could use this route if you fell into one of these groups:

• Grandchildren, children and other descendants of exiles. You were born outside Spain to a father, mother, grandfather or grandmother who was originally Spanish and went into exile for political, ideological, belief or sexual-orientation reasons.
• Children of women who lost nationality. You were born abroad to a Spanish woman who lost her nationality by marrying a foreigner before the 1978 Constitution.
• Children born abroad before 29 December 1978 to a Spanish father or mother. This covered children of Spaniards who had not been able to pass nationality on.
• Adult children of people who recovered or acquired nationality under the earlier 2007 "historical memory" law.
• Members of the International Brigades.

Who was presumed to be in exile

If your ancestor left Spain between 18 July 1936 and 31 December 1955, exile was presumed. You did not have to prove why they left. If they left after 1955, nothing was presumed. You had to show that they went into exile, or the circumstances in which they left.

What you had to prove

You had to prove two things: your ancestor's Spanish nationality, and your family link to them (birth and marriage certificates, for example). The documents below were accepted as proof of departure:

• records from international organisations
• records of leaving Spain
• passenger lists
• arrival records in the destination country
• consulate registrations

Women who lost nationality had to prove their marriage and the loss of nationality. Every applicant also signed a declaration with an oath of loyalty. The documents list below sets out the full set.

What was not required

You did not have to live in Spain. You did not have to pass the DELE language test or the CCSE constitutional and sociocultural knowledge test.

More detail

The documents list and the questions below cover the paperwork and common doubts.

Documents you need

• Proof of your ancestor's Spanish nationality and of your family link to them, such as birth and marriage certificates showing each generation.

• Proof of exile for an ancestor who left Spain between 18 July 1936 and 31 December 1955: exile is presumed, but you still show the departure with papers from international organisations, records of leaving Spain, passenger lists, arrival records in the destination country, or consulate registration.

• Proof of exile or its circumstances for an ancestor who left Spain after 1955, since nothing is presumed in that case.

• For women who lost nationality: proof of the marriage and of the loss of nationality.

• Your signed declaration with the oath of loyalty.

Frequently asked questions

Do I need to live in Spain or pass a language test under the Democratic Memory law?

No, the Democratic Memory law required no residence in Spain, no language test (DELE) and no CCSE knowledge test. You only had to make a declaration with the oath of loyalty. This is the main difference from nationality by residence.

Can I qualify if my ancestor left Spain after 1955?

Yes, you could still qualify if your ancestor left after 1955, but you had to prove the exile or its circumstances yourself. For those who left between 18 July 1936 and 31 December 1955, exile was presumed. After that, nothing was presumed.

What proof did a woman who lost Spanish nationality need?

A woman who lost nationality by marrying a foreigner had to prove her marriage and the loss of nationality. Her children born abroad could then use that to show their own link.