Who are included in the Law of Historical Memory
Historical Memory Law / / July 04, 2021
The historical memory law is basically divided into three large sections or subsections, popularly known as Annex I, Annex II and Annex III.
In the annex I the children of originally Spanish people are included.
Who are the originally Spanish children?
Spanish nationality is transmitted by blood regardless of the place of birth. Before the 1978 constitution, women did not transmit nationality, therefore, only the children of a father who maintained Spanish nationality at the time of birth Spaniards were born and their children (grandchildren of a Spanish grandfather born in Spain, who maintained Spanish nationality at the time the children were born) will be able to choose from this law.
A practical case:
My grandfather was born in 1920, he married a Mexican in Mexico in 1930, my father was born in 1933 and my grandfather became a naturalized Mexican in 1936. In the previous case, the son of the Spaniard was born of Spanish origin and was so until he reached the age of majority because he was born to a Spanish father.
Regardless of whether the father (grandfather) lost Spanish nationality by naturalization in 1936?
It is correct, the loss is possible, as long as it was after the birth of the child. In the previous case, the son was born in 1933 and the loss was in 36.
How do I know if my father or mother was of Spanish origin?
The easiest way is to look at the birth certificate of the country where they were born, if that certificate says that they were born to a Spanish parent, then they were born Spanish.
If they already have a Spanish certificate, they should only read the inscription on the upper left side, if it says that RECOVERED Spanish nationality, then they were Spanish by origin and lost their nationality when emancipate.
If the record is wrong and does not state the real nationality of my grandfather?
In this case you will have to modify the certificate in the local civil registry of the country.
The annex II It is for the grandchildren of a Spanish grandfather or grandmother who lost or had to renounce Spanish nationality before the birth of the children. However, this section only includes the grandchildren of grandparents exiled by the civil war. Presuming exile between 1936 and 1955.
If the grandfather or grandmother did not leave within these dates, documents that prove exile will have to be presented.
The foregoing is STRONG discrimination against all grandchildren due to a grandmother exiled outside of this period and grandparents who lost their nationality and are not exiles from the civil war and Francoism.
A practical case:
My grandmother left Spain in 1938, she became naturalized Chilean in 1940 and my mother was born in 1942.
In the above case, the grandmother's grandchildren may choose the nationality of origin.
The annex IIIIt is the simplest of all and basically serves to change to origin the nationalities of those who chose through the civil code.
A practical case:
Son of a Spanish mother born in Spain who chose in 2004. In this case, an inscription will be added to the option margin to the Spanish nationality of origin through the LMH.