The extension of the Democratic Memory Law does not need to be published in the BOE

The extension of the Democratic Memory Law does not need to be published in the BOE

The Democratic Memory Law is an important issue for thousands of Spanish descendants around the world, allowing the application for Spanish nationality in certain cases.

A key point of the law, the eighth additional provision, established a two-year period for interested parties to submit their applications. However, due to the high demand and the volume of files submitted to the consulates, the Council of Ministers approved a one-year extension, extending the deadline until October 21, 2025.

Why is it not necessary for the extension to be published in the BOE?

Estela Marina, renowned expert on immigration and foreigners issues, has clarified in a recent transmission that the extension of the Democratic Memory Law does not require being published again in the Official State Gazette (BOE).

This is because the law itself already grants the Council of Ministers the power to extend the deadline without the need for a new publication. According to Estela, “the Council of Ministers, on July 9, had already approved the extension. This means that, for all those who are still waiting for a BOE, perhaps nothing will be published, because it has already been extended.”

This aspect has generated some confusion among applicants, who were waiting for an official update in the BOE to confirm the extension of the deadline. However, as Estela Marina explains, “if the official law already stated that the authority was held by the Council of Ministers, then it has already been extended.”

In fact, many Spanish consulates, such as those of Mexico, the United States and Cuba, have begun to update their official pages to reflect the extension until 2025.

Extension until October 21, 2025

The Democratic Memory Law, which came into force on October 21, 2022, will be extended for an additional year. This will allow descendants of Spaniards to apply for nationality until October 2025.

This new deadline is essential. According to official data, 95% of the applications have been received in the consular offices of Ibero-America. The consulates of Miami and Havana stand out here, handling approximately 40% of global requests.

The Spanish government has indicated that this extension is necessary to ensure that all submitted applications can be processed correctly.

According to Estela Marina, the Council of Ministers declared that “there are a number of applicants who will hardly be able to be summoned and attended to before the end of the two-year period.” Therefore, this justifies the extension of the time available to complete the process.

In this sense, the expert has offered important recommendations for those who have not yet received a consular appointment or credentials. He points out that it is crucial that the files are already registered in the system so that they are considered valid.

“The most important thing is that the file is requesting your appointment and credential to be within the system,” he warns. Those who have not yet received a response should be patient, as the consulates are processing the information and assigning appointments based on availability.

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