Cubans and other foreigners who are descendants of exiles from the Civil War, protected by the Law of Democratic Memory approved in Spain 5th of October, they will be able to apply for Spanish nationality from tomorrow. This Wednesday, the Official State Gazette (BOE) posted the instructionknown from last Thursdayplus the missing annexes, which include the application models that must be completed according to the option required by each applicant.
As the new regulation points out, on the one hand, “those born outside of Spain to a father or mother, grandmother or grandfather, who would originally have been Spanish, and who, as a consequence of having suffered exile for political reasons, may opt for Spanish nationality.” , ideological or belief or sexual orientation and identity, have lost or renounced their nationality”.
In this case, it is necessary to have the literal birth certificate of the Spanish ancestor and, in case of being a grandparent, the father or mother who gives continuity to the line must also be available. In some cases that person may not have been entered in a register, so the baptismal or parochial certificate may be considered as evidence.
For those who left between January 1, 1956 and December 28, 1978, they will have to prove it with additional documentation
In addition, it is essential to prove the condition of exile. All citizens who left Spain between July 18, 1936 (the start date of the Civil War) and December 31, 1955 are considered exiles, and it is only necessary to prove their departure through a border point. On the other hand, for those who left between January 1, 1956 and December 28, 1978, they will have to prove it with additional documentation, for example, showing that they have been a beneficiary of one of the pensions granted by the Spanish Administration to exiles.
On the other hand, those “born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution” can also request it. In this option, the literal birth certificate of the mother, the certificate of marriage to a foreigner prior to December 29, 1978 and, in the event that the wedding was after 1954, the document that certifies the acquisition of the mother of her husband’s nationality.
Finally –potentially the case that could be of most interest to Cubans–, the adult children of those who acquired it with the previous grandchildren’s law and were excluded precisely because they are over 18 years old can apply for Spanish nationality. Where appropriate, they must provide the literal Spanish birth certificate of the father or mother recognized from the 2007 standard.
In all cases, it will be necessary for the interested parties to formalize the declaration of option within a period of two years from the entry into force of the law, a period that could be extended for another year by agreement of the Council of Ministers.
The application will be submitted to the person in charge of the General or Consular Office of the Civil Registry following the models published this Wednesday by the BOE.
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