The conservation of Spanish nationality is a personal declaration before the Consular Civil Registrar of the place of residence that prevents the loss of Spanish nationality in certain circumstances.
The preservation of Spanish nationality is a highly relevant issue in an increasingly globalised world. In Spain, legislation establishes certain mechanisms to guarantee the retention of nationality by its citizens. One of the fundamental pillars is the principle of not losing one’s nationality automatically upon acquiring another, thus fostering cultural diversity and a continued connection to the Spanish identity.
Measures are put in place to prevent involuntary loss of nationality, protecting citizens from situations such as adopting another nationality without the intention of renouncing their Spanish nationality. This proactive approach to preservation reflects Spain’s commitment to its citizens and its desire to maintain strong ties with the Spanish diaspora.
The retention of Spanish nationality also highlights the importance of integration and participation in Spanish society. Those citizens who demonstrate an active commitment to their country of origin, despite residing abroad, find legal support to preserve their connection to Spain. This approach respects diversity and recognises that national identity can be maintained regardless of geographical location.
The preservation of Spanish nationality is essential for those citizens who wish to maintain their link to Spain, whether they reside in the country or abroad. First of all, it is crucial to understand that acquiring another nationality does not automatically imply the loss of Spanish nationality. Spain allows dual nationality, which means that citizens can maintain their Spanish identity even if they obtain the citizenship of another country.
To retain Spanish nationality, it is important to comply with certain legal requirements. One of the key elements is not to expressly renounce one’s Spanish nationality when acquiring another.
Effective residence in Spain also plays a fundamental role in the preservation of nationality. Maintaining a continuous presence in the country demonstrates an active commitment to Spanish society. Legislation establishes certain deadlines and conditions to ensure that residence is considered effective, which contributes to maintaining national identity.
How can you lose Spanish Nationality?
Article 24 of the Spanish Civil Code outlines three ways an individual may lose their Spanish nationality:
- If they choose to reside in another country and do not utilize their Spanish citizenship for a period of 3 years.
- If they acquire the nationality of their current residence, except if it is the nationality of an Ibero-American country, Andorra, the Philippines, Equatorial Guinea, or Portugal.
- If a minor born abroad obtains Spanish nationality due to their parents being Spanish but also born abroad. In this scenario, they would lose their nationality upon reaching legal age, unless they express their intent to retain it beforehand.
Can Spanish have Dual Nationality?
Under Spanish nationality law, all Spanish-born citizens have the right to hold dual citizenship, but in order to exercise this option, they must have made a ‘declaration of preservation intention’ under Spanish Nationality Law. This is where an individual formally expresses an intention to retain their Spanish nationality, but it must be done within three years of acquiring another nationality.
They have had another nationality, in addition to their Spanish nationality, since they came of age. The declaration must be made within three years of the age of majority (18 years) or emancipation.
Those born in Latin American countries (eg, Andorra, Equatorial Guinea, the Philippines, Portugal), along with citizens of any other country with which Spain has a bilateral agreement (Portugal or France), are exceptions to this rule, however, as their duel-nationality is bilaterally recognised.
Who can retain Spanish nationality?
In general, Spaniards residing abroad can make a declaration of preservation under Spanish Nationality Law if they voluntarily acquire another nationality after the age of majority or emancipation. The declaration of conservation must be made before three years have passed since the acquisition of another nationality.
Spaniards who were born and habitually reside abroad, and are children of Spaniards also born abroad, if the country in which they reside attributes their nationality to them during their minority, must declare their wish to retain Spanish nationality before the Civil Registrar within three years of reaching the age of 18 or emancipation.
British law establishes the age of majority at 18.
What is the difference between Nationality and Citizenship?
Nationality refers to a state someone belongs to, impacting their voting rights, work opportunities, travel, taxes, and military service. It can be determined by birthplace, naturalisation, or ancestry.
Citizenship, on the other hand, grants full rights and responsibilities, such as voting and working, in a specific country. You can acquire citizenship through birth, parentage, marriage, or naturalisation.
Despite similar meanings, nationality and citizenship are distinct concepts, with nationality denoting legal belonging and citizenship signifying rights and responsibilities in a country.
How to get Spanish nationality
The process of acquiring Spanish nationality, known as ‘naturalisation,’ offers four different routes:
- Option: Any person who has been under the parental authority of a Spanish national, or whose parent was Spanish and born in Spain, or adopted individuals aged over 18, can choose Spanish nationality. This simple procedure requires providing documentary evidence of their relationship to the Spanish citizen and is processed through the Civil Registers.
- Discretionary conferral: This route requires proving exceptional circumstances warranting the granting of nationality (eg, reasons related to culture, sport, science, solidarity, etc). The assessment of these circumstances is done on a case-by-case basis and not subject to the general rules of administrative procedure. Nationality will ultimately be granted at the discretion of the Government by Royal Decree.
- Residency: This is the most commonly used naturalisation procedure by foreign nationals. It requires the applicant to be a resident in Spain for a specific period of time under the legal conditions provided for. It requires continuous legal residency, good civic behaviour as evidenced by a criminal record certificate, and proof of integration (passing tests set by the Instituto Cervantes to demonstrate knowledge and fluency in the Spanish language, as well as constitutional and sociocultural knowledge).
- Possession of status: This route allows acquiring nationality based on possessing and using Spanish nationality for 10 years, which must be recorded in the Civil Register.
Eligibility to apply for Spanish nationality is very broad, and individuals over the age of 14 can file an application. Minors under 18 can apply with the assistance of their legal representative.
Regardless of the route taken, all naturalisation processes lead to the registration of the individual in the Spanish Civil Register. Once registered, the person is entitled to obtain a Spanish national identity card and passport.
