I am looking for some advice as to whether or not I can apply for Spanish citizenship through the Law of Historical Memory.
My grandmother was Spanish, born in Spain, and emigrated to the US in 1948. I have her original passport, her marriage certificate (dated 1952) and her US immigration card (dated 1953). She never lost Spanish citizenship. My mother was born in the US, and while under Spanish law she was entitled to Spanish nationality at birth (at least until she turned 18, when she would have to choose US or Spanish citizenship), her birth was never registered with Spanish authorities.
It is my understanding that under the Law of Historic Memory certain descendants of Spanish nationals may apply for Spanish nationality without having to renounce their current citizenship. Normally dual citizenship with the US is not recognized by Spain, but I believe this law provides an exception. Is this correct?
Assuming this is correct, I am not sure which section of the law to apply under (there are two). The first part allows someone born of a Spanish national that was not born in Spain to apply for nationality. My mother was entitled to Spanish nationality automatically because she was born to a Spanish national (my grandmother, who was born in Spain). But, her birth was never registered with Spain. Does my mother count as “originally Spanish not born in Spain”? May I apply under this section by simply showing my Grandmother’s Spanish birth certificate and my mother’s US birth certificate? Or would I need a Spanish birth certificate for my mother?
The second part of the law allows grandchildren to apply for Spanish citizenship. This section is written as applying to those whose “grandparent’s lost their nationality as a consequence of exile.” As I’ve stated, my grandmother didn’t lose her nationality. However this section also states that anyone who left between 1936 & 1955 will be presumed a refugee. If the ancestor left in that window, it appears all that is required is proof of “Expatriation, departure from Spain or permanence in another country”. Now permanence in another country, or expatriation, don’t necessarily mean you’ve lost citizenship ... and my grandmother did take up permanent residence in the US (but she didn’t lose her Spanish citizenship). So ... I am not sure if I can apply under this section or not. But if I can it actually seems easier because I already have the documents they require and would not have to figure out how to get a Spanish birth certificate for my mom. (I have my grandmother’s spanish birth certificate, my mother’s US birth certificate, and documents such as the marriage certificate and passport showing my grandmother took up permanent residence in the US between 1936 and 1955).
Any advice would be greatly appreciated. I considered speaking with an attorney, but I haven’t found any in the U.S. that are familiar with laws in Spain.
