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How to Apply for Spanish Nationality?

Edited due to the government changing urls to relevant information.  2023.  Myra.,,

If you have sufficient years registered in Spain, you would be eligible to apply through ‘Residency.

Please note that since earlier this year you are required to take a test on constitutional and socio cultural knowledge of Spain. The can be taken via the Cervantes Institute. You are also required to take a test of knowledge of the Spanish language  (DELE). Level required to pass the test is A2.

More info about the DELE test can be found HERE. and

FAQs, exam dates etc. HERE

HERE  (content exam)

Once you have applied, you can follow the progress of your application online. More information by clicking HERE

Please take into account ALL aspects involved in a change of nationality. The contract you will sign to apply for Spanish nationality asks you to renounce any previous nationalities you may hold from other countries (few exceptions where Spain accepts dual nationality). Spain does not have an agreement for dual nationality with the UK.

Once you acquire the status of Spanish national, you should take into account that you must abide by the Spanish law of succession. No choice and you abide by the regulations on forced heirs.

How do you lose Spanish Nationality

Spaniards will lose their nationality when:

  • Be emancipated, reside abroad and voluntarily acquire another nationality. They can avoid this loss if within three years they declare their will to conserve their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to produce for this reason the loss of Spanish nationality.
  • Are emancipated residing abroad and for three years 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 conserve their nationality. The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to produce for this reason the loss of Spanish nationality.
  • The emancipated Spaniards who have another nationality, habitually reside abroad and voluntarily renounce it.
  • In the case of Spaniards who have been born abroad and are Spaniards because of being born of a Spanish father or mother also born abroad, they will lose Spanish nationality if, within three years from the emancipation or majority of age, they do not declare his will to preserve Spanish nationality

Spaniards who are not of origin (for example, those who have acquired Spanish nationality by residence) will lose Spanish nationality if:

  • After acquiring the Spanish nationality they use during a term of three years the nationality to which they had renounced when acquiring the Spanish.
  • When they voluntarily enter the service of arms or exercise political office in a foreign State against the express prohibition of the government.
  • When a judgment declares that the interested party incurred falsehood, concealment or fraud in the acquisition of Spanish nationality.

Place where to make the declaration of conservation

The Spanish Consulates abroad perform Civil Registry functions.

Note for British citizens

Renouncing your British citizenship will not have any effects on the rest of your family. It may affect the status for any children born in the future.  It will affect your right of abode in the UK. Exception to this rule are those that have the right to abode as commonwealth citizens. If you re-apply for British citizenship, you will have to do so under immigration rules.

Spain states that you must renounce previous nationality unless you have the right of double nationality. The British government may not require you to hand in your passport if you have acquired Spanish nationality.

Time Limits if you are applying for other citizenship.

You will have 6 months from when you received your declaration to get another citizenship – otherwise the declaration will no longer be valid and you’ll keep your British citizenship or status.

Myra paralegal and senior adviser: Important note*  After a meeting with  CAB legal adviser, lawyer and professor of International law assures us that if your had made your will of choice before taking Spanish nationality, that choice should be respected on death.  This is due to the EU regulations on successions which came into force in August 2015. Though we consider that this is the case, we suggest you seek the advice of a lawyer with expertise in inheritance law.

 

Renounce British Nationality/Citizenship

 

Interview on Talk Radio Europe on Nationality

 

Once acquired, can I lose my Spanish nationality?
Spaniards who are not of origin (for example, those who have acquired Spanish nationality by residence) lose their nationality if:
After acquiring the Spanish nationality the citizen continues to use during a period of three years the nationality to which they had renounced when acquiring Spanish.
When they voluntarily enter the service or exercise political office in a foreign State against the express prohibition of the government.
When it is considered that the party has committed fraud or concealment of data when making the application for acquisition of Spanish nationality.
In the case of Spaniards who were born abroad of a Spanish parent also born abroad, will lose the Spanish nationality if within three years from the emancipation or coming of age do not declare His/her will to preserve Spanish nationality.

Once acquired Spanish nationality, do I need to do something else?

From the Ministry’s website: The procedures subsequent to the acquisition of Spanish nationality must be carried out in the Civil Registry.

In the event that you have acquired Spanish nationality by residence, by nature letter or by option, you must:

The 14-year-old and capable of providing a statement for himself, shall swear or promise fidelity to the King and obedience to the Constitution and laws.
Declare that he renounces his previous nationality. Unless the interested party is one of the cases of dual citizenship.
Spanish law states that a name and two surnames must be taken.

Foreigners who acquire Spanish nationality:
Name:

The name that appears in the foreign certification must be entered in the birth registration, unless the usual use of a different name is proven. If the name that appears in the foreign or commonly used certification is included in any of the established limitations, it must be replaced, in accordance with Spanish regulations, by the one chosen by the interested party or his legal representative and, ultimately, by a tax ex officio.

In the case of proper names that appear in a writing system other than ours (Chinese, Japanese, Arabic, etc.), they will be recorded by transcription or transliteration, so that a graphic adaptation and phonetic equivalence are achieved. Also in proper names written with Latin characters, orthographic adaptations could be made at the request of the interested party to facilitate their writing and phonetics.

Surnames:

Application of Spanish law to the determination of the surnames of Spanish nationalized foreigners. In general, for foreigners with a determined affiliation that acquire Spanish nationality, they must be recorded, in principle, in their birth registration in the Spanish Civil Registry, the surnames set by such affiliation, according to Spanish laws, which overlap with those used in fact (cf. art. 213, rule 1, RRC). For this reason, these last names must be reflected in the birth registration, the first one of the father and the first one of the mother, even if it is a foreigner (cf. art. 194 R.R.C.), as they result from the accompanied foreign birth certification. In the event that the affiliation does not determine other surnames, or when it is impossible to prove the identity of the parents of the interested party, the last names used will be maintained. In both cases, if the interested party only held or used one surname, it will be doubled in order to comply with the legal requirement of duplication of surnames (cf. art. 55-V L.R.C.).

For its part, art 199 RRC establishes that “He who acquires Spanish nationality will keep the surnames differently from the legal ones, provided that he declares it in the act of acquiring it, or within the two months following the date he comes of age”.

 

Added information 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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