If you’ve just obtained Spanish nationality, this article is of interest to you as we’ll explain in detail the question many of you ask: Can Spanish nationality be lost? In this article, we’ll provide you with the keys to understanding in which cases Spanish nationality can be lost.
How can Spanish nationality be lost?
If you’re wondering if Spanish nationality can be lost, the answer is YES, it can be lost. There are three cases in which Spanish nationality can be lost, which we’ll mention below:
- You could lose your Spanish nationality if you reside in another country and do not use your Spanish nationality within a period of 3 years.
- Another cause for losing Spanish nationality is when you obtain the nationality of the country where you reside.
- Another reason for losing Spanish nationality is when it concerns a minor born abroad who obtained Spanish nationality and whose parents also obtained Spanish nationality but were born abroad. It is likely that they would lose Spanish nationality upon reaching the age of majority if they do not confirm that they want to retain Spanish nationality.
For what reasons can Spanish nationality be revoked?
If you have acquired Spanish nationality by residence, you may lose Spanish nationality if you are in any of the following situations:
- If an official judgment has been imposed stating that you have committed fraud or falsehood in the process of obtaining nationality.
- If you voluntarily enter a political office or are involved in military service in a third country, as prohibited by the Spanish government.
- The last reason for losing Spanish nationality is by renouncing it.
How to maintain Spanish nationality?
To avoid losing Spanish nationality, you will have to choose one of these two options: either make a declaration of preservation expressing your desire to maintain Spanish nationality or use your Spanish nationality.
The declaration of preservation must be formalized at the Spanish Consulate, and the Consulate will be responsible for sending it to the Civil Registry. To formalize this declaration, you will need to submit the following documents:
- Complete passport and copy.
- Birth certificate.
- Document indicating the exact date on which you obtained Spanish nationality.
How can you use your Spanish nationality?
If you have not made the aforementioned declaration, you can maintain your Spanish nationality by providing evidence or arguments showing that you have used your Spanish nationality. Here are some examples:
- Renewing your Spanish passport.
- Exercising your right to vote in regional or general elections.
- Traveling within the European Union using your Spanish passport.
What is the process of losing Spanish nationality?
The process of losing Spanish nationality is initiated by the Spanish consulate when the person wants to renew the Spanish passport that has already expired. The consulate will start a procedure in which you will be given a specific period to present your arguments. If no arguments are made, the process will end with an entry in the margin of the birth certificate.
Therefore, it is vital to make good arguments to avoid losing Spanish nationality. The purpose of these arguments is to demonstrate that you have used your Spanish nationality in the last 3 years.
How long does it take to regain Spanish nationality?
If you have lost your Spanish nationality, you can regain it, but you must meet the following requirements:
- You must reside legally in Spain.
- You will have to declare before the Civil Registry that you want to regain Spanish nationality.
- You will have to register with the Civil Registry for the recovery.
We hope this article has been helpful and has answered your questions about whether Spanish nationality can be lost. If you need further assistance or detailed advice on this topic, do not hesitate to contact us, and we will help you with everything you need.
Frequently Asked Questions
How long can I stay outside of Spain without losing Spanish nationality?
According to Spanish legislation, to maintain Spanish nationality, one must legally reside in Spain for a minimum period of one continuous year. However, there are exceptions, and it is recommended to consult with the authorities for updated information.
How many nationalities can one have along with Spanish nationality?
Spain allows dual nationality, which means a person can hold Spanish nationality and, at the same time, one or more other nationalities. There are no restrictions in this regard.
What rights do I have with Spanish nationality?
With Spanish nationality, full rights are obtained, such as the right to vote, access to social services, freedom of movement within the European Union, and consular protection abroad, among others.
What happens if a person renounces their nationality?
Renouncing nationality is a legal and voluntary act. By renouncing, the person loses the rights associated with that nationality. However, the implications may vary according to the legislation of the country, and it is advisable to seek proper advice.
What are stateless persons in Spain?
A stateless person is someone who lacks nationality. Spain, like many countries, recognizes the principle of not leaving anyone stateless and works to prevent and reduce cases of statelessness.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.