Loss and Recovery of Spanish Nationality: A Comprehensive Guide
Loss of Spanish Nationality
Spanish nationality is not immutable and can change under various circumstances. Article 11.1 of the Spanish Civil Code (CC) states that Spanish nationality is acquired, retained, and lost in accordance with the law. Even individuals of Spanish origin can be deprived of their nationality, as per Article 11.2 CC, which outlines the possibility of losing original nationality due to suspension.
Voluntary Loss (Art. 24 CC)
There are two scenarios for voluntary loss of Spanish nationality:
Tacit Loss (Art. 24.1 CC)
This occurs when certain conditions are met without the individual taking any action. Requirements include:
- Being of legal age or emancipated
- Habitually residing abroad
- Exclusively using a foreign nationality acquired before emancipation or voluntarily acquiring another nationality
Loss occurs three years after acquiring foreign nationality or emancipation.
Exceptions:
- Article 24.1 allows retaining Spanish nationality despite meeting these requirements if, within the specified timeframe, the individual declares their wish to retain it to the Civil Registry.
- Acquiring nationalities of certain countries (American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal) does not automatically lead to loss of Spanish nationality under this section.
Express Renunciation (Art. 24.2 CC)
Emancipated individuals expressly renouncing their Spanish nationality lose it if they possess another nationality and habitually reside abroad.
Individuals born and residing abroad who hold Spanish nationality through their parents (also born abroad) and are eligible for the nationality of their residence country lose their Spanish nationality if they don’t declare their intention to retain it to the Civil Registry within three years of reaching legal age or emancipation.
Loss by Penalty (Art. 25 CC)
Loss through suspension applies exclusively to individuals who are not of Spanish origin.
- Using only the declared foreign nationality for three years after renouncing Spanish nationality. Loss occurs by administrative ruling. This relates to Article 23 CC, outlining common requirements for acquiring nationality.
- Voluntarily entering service or holding political office in a foreign state against the express prohibition of the Spanish government. Loss occurs by judicial sanction. This is alongside two cases of nullity of acquisition.
Conservation of Nationality
According to Article 24:
- Art. 24.1: Individuals holding nationalities of Latin American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal can retain their Spanish nationality by declaring their will to do so to the Civil Registry within three years.
- Art. 24.3: Individuals born and residing abroad to a Spanish parent (also born abroad) who are eligible for the nationality of their residence country can retain their Spanish nationality by declaring their will to do so to the Civil Registry within three years of reaching legal age or emancipation.
The procedure for recovering Spanish nationality is regulated in Article 220 ff. of the Civil Registry Regulations, outlining the necessary information for the recovery request.
Other scenarios:
- Spaniards holding dual nationality since before their emancipation retain both if they reside in Spain after emancipation (contrary to Article 24.1.I).
- Spaniards holding dual nationality since before their emancipation retain their Spanish nationality if they reside abroad after emancipation but expressly renounce the other nationality and resume using their Spanish nationality (contrary to Article 24.1.I).
- Art. 24.4 CC:“Spanish nationality is not lost under the provisions of this rule if Spain is at war”
Recovery of Spanish Nationality
Article 26 CC establishes requirements for recovering Spanish nationality that was previously lost voluntarily or by sanction.
Grounds for Recovery (Art. 26.1 CC)
- Legal residence in Spain. This requirement is waived in three cases (Art. 26, two cases, and the third case in Law Reform 29/95):
- Migrants or children of migrants
- Exemption granted by the Ministry of Justice under exceptional circumstances (e.g., criminal record, language proficiency, as per the Order of the Ministry of Justice of July 11, 1991)
- Women married to foreigners before 1975 who lost Spanish nationality due to acquiring their husband’s nationality (Law Reform 29/95)
- Declaration of intent to recover Spanish nationality to the Civil Registry (Art. 16.1.b)
- Registration of the recovery in the Civil Registry (Art. 26.1.c)
Art. 26.2 CC: Recovery or acquisition of Spanish nationality is not possible without prior discretionary authorization from the government for individuals subject to Article 25 CC (loss by penalty or nullity of acquisition).
Recovery must be registered in the corresponding birth registration. This registration should note that children of the individual in custody have the right to opt for Spanish nationality (Art. 19 and 20 CC). Within 180 days, they must appear before the relevant official, renounce their previous nationality, and take the required oath to be registered as Spanish citizens.
Nullity of Acquisition
Article 25.2 CC outlines nullity, a case of cancellation, despite being placed within the article on loss of nationality.
Acquisition of Spanish nationality through forgery, concealment, or fraud (e.g., marriage of convenience) is considered null and void. The CC protects bona fide third parties who would not be affected by the nullity.
Declaration of nullity is exercised by the Public Prosecutor’s Office or ex officio based on allegations within 15 years of the fraudulent acquisition.