If you have dual nationality, live outside Spain and do not use the Spanish nationality or the Spanish passport and do not maintain ties with Spain, it is possible that you may lose your Spanish nationality. In order not to lose your Spanish nationality, you must declare every three years before the Spanish Consulate of the place where you live, that you wish to keep your Spanish nationality, officially "Declaration of conservation of nationality".
In this blog we will address the main causes and reasons for loss of nationality established by the Spanish Civil Code, and the practical procedure for recovery.
Reasons for loss of Spanish nationality
We must distinguish that the reasons for losing the nationality are variable, depending on each specific case, if you have only one nationality or if you hold other nationalities, so we are going to explain that not in all cases you can actually lose your nationality:
The Spanish national of origin born in Spain and with only one nationality cannot be deprived of it (although he/she can lose it if he/she renounces it and decides to lose it voluntarily).
The citizen who is Spanish by acquisition (through the nationality by residence, by option, by letter of nature, etc.), case in which he/she can be deprived of the nationality, the Ministry of Justice explains it in detail.
Spaniards will lose their nationality when:
- They are emancipated, reside abroad and voluntarily acquire another nationality. They can avoid this loss if in the term of three years they declare their will to conserve their Nationality. The acquisition of the Nationality of Latin American countries, Andorra, Philippines, Equatorial Guinea or Portugal is not enough to produce for this cause the loss of the Spanish Nationality.
- They are emancipated and reside abroad and for three years they use exclusively the Nationality that they had attributed before the emancipation. They can avoid this loss if within three years they declare their will to keep their Nationality. The acquisition of the Nationality of Latin American countries, Andorra, Philippines, Equatorial Guinea or Portugal is not enough to produce for this cause the loss of the Spanish Nationality.
- Emancipated Spaniards who have another Nationality, habitually reside abroad and voluntarily renounce it.
- In the case of Spaniards who were born abroad and are Spanish because they were born of a Spanish father or mother also born abroad, they will lose the Spanish Nationality if within three years from the emancipation or majority of age they do not declare their will to keep the Spanish Nationality.
Spaniards who are not Spaniards by origin (for example, those who have acquired Spanish Nationality by residence) will lose Spanish Nationality if:
- After acquiring the Spanish Nationality they use for a period of three years the Nationality to which they had renounced when acquiring the Spanish Nationality.
- When they voluntarily enter into armed service or hold political office in a foreign State against the express prohibition of the Government.
- When a Judgment declares that the interested party incurred in Falsehood, Concealment or Fraud in the acquisition of Spanish Nationality.
Recovering Spanish nationality
If you have lost your Spanish nationality you can find out directly by requesting a literal Spanish birth certificate, a legend will appear on it, as shown below:
You will be able to recover it by fulfilling a series of requirements. Although one would think that in order to recover Spanish nationality it is necessary to reside legally in Spain for several years, this is not the case: it is sufficient to apply for legal residence, and if this is granted, to immediately initiate the procedure for the recovery of Spanish nationality.
As an emigrant or child of an emigrant, you cannot be required to have previous legal residence in Spain on your return, but you will have to make a declaration before the Civil Registrar of your desire to regain Spanish nationality.
Remember that the Spanish Consulates perform the functions of the Civil Registry, so you can contact the Civil Registries of the Consular Sections of the Embassies or the Consular Offices.You can go to the Civil Registries of the Consular Sections of the Embassies or to the Consular Offices. Once you make this declaration, the recovery must be registered in the corresponding Civil Registry. If you reside abroad, it will be done at the place where your birth registration is registered. And when is it necessary the previous authorization of the Government to recover or to acquire the Spanish nationality?
It will be necessary when they have lost it when Spaniards who are not Spaniards by origin and the loss has been produced by any of these causes:
- Those who for a period of three years exclusively use the nationality they had declared to renounce when acquiring Spanish nationality.
- Those who voluntarily enter into armed service or hold political office in a foreign State against the express prohibition of the Government.
- When the final judgment declares that the interested party has incurred in falsehood, concealment or fraud in the acquisition of Spanish nationality.
Spanish nationality recovery case study
Our client was born in Buenos Aires, Argentina, daughter of a Spanish father, so her Spanish birth registration is registered in the Civil Registry of the General Consulate of Spain in Buenos Aires, Argentina.
In accordance with Article 24.3 of the Civil Code: "Those who, having been born and residing abroad, hold Spanish nationality because they are children of a Spanish father or mother, also born abroad, when the laws of the country where they reside attribute to them the nationality of the same, will lose, in any case, the Spanish nationality if they do not declare their will to keep it before the Civil Registrar within three years, counting from their majority of age or emancipation".
In this case, due to our client's ignorance, she did not declare her will to keep her Spanish nationality, so the Consular Civil Registrar proceeded to register the loss of Spanish nationality, in accordance with Article 232 of the Decree of November 14, 1958, approving the Regulations of the Civil Registry Law.
We accompanied the interested party throughout the application procedure for her legal residence in Spain, so that her temporary residence card is in force at the date of application for recovery of nationality. Subsequently, as she is a legal resident, we present the application-declaration before the corresponding Civil Registrar, according to the rules of competence.
Documentation submitted
- Birth certificate of origin duly legalized and apostilled in accordance with international conventions.
- Spanish birth certificate of the interested party.
- Certificate of accreditation of nationality duly legalized and apostilled in accordance with international conventions.
- Residence card in force of the interested party.
- Municipal registration form.
- Model application form for the recovery of Spanish nationality duly completed and signed.
- Among other documents depending on the case.
If you wish to apply for the recovery of Spanish nationality, you can contact us to advise you and accompany you throughout the process.
Links of interest: Ministry of Justice How to lose your Nationality
