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Loss and Renunciation of Citizenship

Conditions under which Spanish citizenship can be lost or voluntarily renounced.

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Loss and Renunciation of Citizenship in Spain: A Comprehensive Guide

Spain has specific legal frameworks governing the loss and renunciation of Spanish citizenship. These processes are regulated by the Spanish Civil Code (Código Civil), particularly Articles 24 to 26, and are influenced by Spain's international agreements and dual citizenship policies. Below is a detailed guide to understanding the loss and renunciation of Spanish citizenship, including legal regulations, procedures, costs, and country-specific considerations.

1. Legal Framework

The loss and renunciation of Spanish citizenship are governed by the following key legal provisions:

  • Articles 24 to 26 of the Spanish Civil Code: These articles outline the conditions under which Spanish citizenship can be lost or renounced.
  • Law 20/2022 on Democratic Memory: This law may affect individuals reclaiming or renouncing citizenship due to historical reasons.
  • International Treaties: Spain has agreements with certain countries (e.g., Latin American nations, Andorra, the Philippines, Equatorial Guinea, and Portugal) that allow dual citizenship, which can influence the loss or renunciation process.

2. Loss of Spanish Citizenship

Spanish citizenship can be lost in specific circumstances, either voluntarily or involuntarily. Below are the main scenarios:

2.1 Voluntary Loss

A Spanish citizen may lose their citizenship voluntarily if:

  • They acquire the nationality of a country not allowing dual citizenship with Spain (e.g., Germany, Japan).
  • They explicitly renounce Spanish citizenship after acquiring another nationality.

Conditions:

  • The individual must be over 18 years old or emancipated.
  • The renunciation must be formalized before a Spanish consulate or Civil Registry.

2.2 Involuntary Loss

Spanish citizenship may be lost involuntarily in the following cases:

  1. Acquisition of another nationality:

    • Spanish citizens who acquire the nationality of a country not allowing dual citizenship and fail to declare their intention to retain Spanish citizenship within three years of acquiring the new nationality.
    • Exception: This does not apply to individuals from countries with dual citizenship agreements with Spain.

  2. Prolonged residence abroad:

    • Spanish citizens born abroad who reside outside Spain and fail to declare their intention to retain Spanish citizenship before a Spanish consulate by the age of 21.

  3. Fraudulent acquisition:

    • If Spanish citizenship was obtained through fraudulent means, it can be revoked by the Spanish government.

3. Renunciation of Spanish Citizenship

Renunciation is a formal process where an individual voluntarily gives up their Spanish citizenship. This is typically required in the following cases:

  • When acquiring the nationality of a country that does not permit dual citizenship.
  • When an individual wishes to sever legal ties with Spain.

3.1 Procedure for Renunciation

The renunciation process involves the following steps:

  1. Prepare Required Documents:

    • Valid Spanish passport or DNI (National Identity Card).
    • Proof of new nationality (e.g., naturalization certificate or passport from the new country).
    • Birth certificate (issued by the Spanish Civil Registry).
    • Completed renunciation form (available at Spanish consulates or Civil Registries).

  2. Submit the Renunciation:

    • The individual must appear in person at a Spanish consulate or Civil Registry in Spain.
    • The renunciation must be made in writing and signed in the presence of a consular officer or registrar.

  3. Registration of Renunciation:

    • The renunciation is recorded in the Civil Registry and becomes legally effective once registered.

4. Costs

The process of renunciation or loss of Spanish citizenship is generally free of charge. However, there may be associated costs for:

  • Obtaining certified copies of documents (e.g., birth certificates).
  • Translation and legalization of foreign documents, if required.
  • Travel expenses to the nearest Spanish consulate or Civil Registry.

5. Reacquisition of Spanish Citizenship

In some cases, individuals who have lost Spanish citizenship may be eligible to reacquire it. This is regulated under Article 26 of the Spanish Civil Code. The main pathways for reacquisition include:

  1. Residence in Spain:
    • Individuals who have lost Spanish citizenship can apply for reacquisition after legally residing in Spain for one year.
  2. Declaration of Intent:
    • Individuals born in Spain or to Spanish parents may reacquire citizenship by declaring their intent to do so at a Spanish consulate or Civil Registry.

6. Country-Specific Considerations

Spain’s approach to dual citizenship and renunciation varies depending on the individual’s country of origin or new nationality. Key considerations include:

6.1 Countries with Dual Citizenship Agreements

Spain allows dual citizenship with certain countries, including:

  • Latin American countries (e.g., Mexico, Argentina, Colombia).
  • Andorra, the Philippines, Equatorial Guinea, and Portugal.

Citizens of these countries are not required to renounce their original nationality when acquiring Spanish citizenship, and vice versa.

6.2 Countries Not Allowing Dual Citizenship

For countries like Germany, Japan, or the Netherlands, individuals acquiring these nationalities must renounce their Spanish citizenship unless they qualify for an exception (e.g., being married to a citizen of the new country).

7. Practical Tips

  • Consult a Lawyer: If you are unsure about the implications of losing or renouncing Spanish citizenship, consult an immigration lawyer or legal expert specializing in Spanish nationality law.
  • Plan Ahead: Ensure you have all required documents and understand the deadlines for retaining or renouncing citizenship.
  • Stay Informed: Laws regarding citizenship can change. Regularly check updates from the Spanish Ministry of Justice or your local Spanish consulate.

8. Key Contacts

  • Spanish Ministry of Justice: www.mjusticia.gob.es
  • Spanish Consulates Worldwide: Locate your nearest consulate via the Spanish Ministry of Foreign Affairs website: www.exteriores.gob.es
  • Civil Registry Offices in Spain: Contact details can be found on the Ministry of Justice website.

By understanding the legal framework, procedures, and country-specific considerations, individuals can navigate the process of losing or renouncing Spanish citizenship with confidence.