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Dual Citizenship

Regulations and agreements regarding holding Spanish citizenship alongside another nationality.

Sections

1. Overview of Dual Citizenship in Spain

Spain has a restrictive approach to dual citizenship. While the Spanish legal framework generally requires individuals to renounce their previous citizenship when acquiring Spanish nationality, there are notable exceptions for citizens of certain countries and specific circumstances. These exceptions are based on historical, cultural, and legal agreements.

2. Relevant National Regulations

The key legal framework governing dual citizenship in Spain includes:

a. Spanish Civil Code (Código Civil)

  • Article 11 of the Spanish Civil Code outlines the rules for nationality and dual citizenship.
  • Spain allows dual citizenship for individuals from countries with which it has bilateral agreements or historical ties.

b. Countries Eligible for Dual Citizenship

Spain permits dual citizenship without requiring renunciation for nationals of the following:

  • Latin American countries (e.g., Mexico, Argentina, Colombia, etc.)
  • Andorra
  • The Philippines
  • Equatorial Guinea
  • Portugal
  • Sephardic Jews (under specific historical provisions)

c. Exceptions for Spaniards

  • Spanish nationals who acquire the nationality of another country can retain their Spanish citizenship if the new country is on the list above or if they declare their intention to retain Spanish nationality within three years of acquiring the new citizenship.

d. EU Nationals

While Spain does not officially allow dual citizenship for EU nationals, in practice, many EU citizens retain their original nationality when acquiring Spanish citizenship, as enforcement of renunciation is not always strict.

3. General Costs

The costs associated with obtaining Spanish citizenship and maintaining dual citizenship vary depending on the process. Below are the typical expenses:

a. Application Fees

  • The application for Spanish nationality typically costs €100–€200, depending on the type of application (e.g., naturalization, Sephardic Jewish descent, etc.).

b. Language and Cultural Tests

  • Applicants must pass the DELE A2 Spanish language test (if not from a Spanish-speaking country) and the CCSE (Constitutional and Sociocultural Knowledge of Spain) test.
    • DELE A2 exam fee: €130–€150
    • CCSE exam fee: €85

c. Legal and Administrative Costs

  • If you hire a lawyer or gestor (administrative agent) to assist with the process, fees can range from €500 to €2,000.
  • Translation and notarization of documents may cost an additional €100–€300.

d. Other Costs

  • Apostille of documents (if required): €20–€50 per document.
  • Travel expenses for appointments or interviews (if applicable).

4. Standard Procedures for Dual Citizenship

The process for obtaining Spanish citizenship and maintaining dual citizenship involves several steps:

a. Eligibility

Determine your eligibility for Spanish citizenship. Common pathways include:

  1. By Birth: If you were born to a Spanish parent.
  2. By Descent: If you have Spanish grandparents or Sephardic Jewish ancestry.
  3. By Residence: After legally residing in Spain for a specific period (e.g., 10 years for most, 2 years for Latin Americans, Andorrans, Filipinos, etc.).
  4. By Marriage: After one year of marriage to a Spanish citizen and legal residence in Spain.

b. Gather Required Documents

Typical documents include:

  • Valid passport and residence permit.
  • Birth certificate (apostilled and translated into Spanish).
  • Criminal record certificate from your country of origin and Spain.
  • Proof of residence in Spain (e.g., empadronamiento certificate).
  • DELE and CCSE test certificates (if applicable).
  • Proof of income or financial stability.

c. Submit the Application

  • Applications are submitted online through the Ministry of Justice's website or in person at a Civil Registry Office.
  • Processing times can take 1–3 years, depending on the complexity of the case.

d. Oath of Allegiance

Once approved, applicants must swear allegiance to the Spanish Constitution and renounce their previous nationality (unless exempt).

e. Retaining Dual Citizenship

  • If you are from an eligible country, you do not need to renounce your original nationality.
  • If you are not from an eligible country, you must formally renounce your previous citizenship unless you choose to retain it unofficially (though this may have legal implications in your home country).

5. Country-Specific Considerations

a. Latin American Countries

  • Nationals of Latin American countries benefit from a reduced residency requirement (2 years) and are allowed to retain their original nationality.

b. United States

  • Spain does not have a dual citizenship agreement with the U.S. However, many U.S. citizens retain their U.S. nationality unofficially after acquiring Spanish citizenship, as enforcement of renunciation is rare.

c. United Kingdom

  • Post-Brexit, British nationals are no longer EU citizens and must meet the standard 10-year residency requirement. Spain does not officially allow dual citizenship with the UK, but informal retention of British nationality is common.

d. Sephardic Jews

  • Descendants of Sephardic Jews expelled from Spain in 1492 were eligible for Spanish citizenship under a special law (2015–2019). While this law has expired, some applications are still being processed.

e. Stateless Individuals

  • Stateless individuals or refugees may apply for Spanish citizenship after 5 years of legal residence in Spain.

6. Practical Tips

  • Plan Ahead: The process can be lengthy, so start early and ensure all documents are in order.
  • Language Proficiency: If you are not fluent in Spanish, consider taking language classes to prepare for the DELE A2 exam.
  • Legal Assistance: Hiring a lawyer or gestor can simplify the process, especially for complex cases.
  • Stay Informed: Regulations and procedures may change, so regularly check the Spanish Ministry of Justice website for updates.

7. Key Resources

  • Ministry of Justice (Ministerio de Justicia): www.mjusticia.gob.es
  • Instituto Cervantes (DELE and CCSE exams): www.cervantes.es
  • Spanish Consulates and Embassies: Contact your local Spanish consulate for guidance on dual citizenship.

If you have any specific questions or need further clarification, feel free to ask!