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SPANISH CITIZENSHIP

Dual citizenship: Does Spain check if you’ve renounced your original nationality?

One of the most common questions for anyone thinking about becoming a Spanish citizen is if they really have to give up their old citizenship and if the Spanish authorities actually check this.

Dual citizenship: Does Spain check if you've renounced your original nationality?
Does Spain check if I've renounced my old citizenship? Photo: Rudi / Pexels

Spain receives thousands of requests for citizenship each year, but the most common issue holding many people back is that they don’t want to have to renounce their old citizenship.

You can apply to be a Spanish citizen if you’ve legally resided here for 10 years or 2 years for citizens of certain countries.

READ ALSO – Step by step: How to apply for Spanish nationality

Legally, Spain only allows dual nationality with certain countries. These include nationals from 12 Ibero-American countries: Chile, Peru, Paraguay, Nicaragua, Guatemala, Bolivia, Ecuador, Costa Rica, Honduras, the Dominican Republic, Argentina and Colombia.

It also applies to those from Andorra, the Philippines, Equatorial Guinea, Portugal and France, as well as those who have applied using their Sephardic Jewish heritage.

READ ALSO: Spain granted nationality by residency to almost 250,000 people in 2023

Anyone else, including Britons or Americans for example, would technically need to renounce their original nationality.

Before you are granted Spanish citizenship, you must appear before a judge to swear allegiance to the Spanish constitution. They will also ask you to renounce your original nationality, to which you must agree.

But, after being granted Spanish citizenship, do the authorities actually check if you have given up your previous nationality or not?

The most important point to remember is that you will not have to physically hand over your original passport when you take the oath of allegiance and will not have your old citizenship automatically taken away.

This means that your original passport will remain yours. Although you can choose what to do with it, there are certain implications if you use it.  

According to Spain’s Justice Ministry, Spanish nationals who are not nationals by origin (for example, those who have acquired Spanish nationality through residence) shall lose their Spanish nationality if after acquiring Spanish nationality, they use the nationality they renounced during a period of three years.

This means that in theory while they won’t actually check if you have renounced your previous nationality, if you are found using your original passport in Spain, you will most likely lose your new Spanish citizenship.

It’s unclear what will happen if you are found using your original passport after these first three years, but it’s highly advisable not to use it within Spain at all.

READ ALSO – Passports: What are the rules for dual-nationals travelling in Spain?

Spanish legal firm Echevarría Abogados confirms: “Once Spanish nationality is granted, Spanish law is indifferent to how the other country in question deals with its citizen”, and that “much more important than analysing Spanish legislation, it is necessary to study the rules of the country from which the applicant in question comes”. The renouncement of your original nationality is a “mere formality” for Spain, according to them.

Dual nationality is allowed in many countries including the UK and the US, so these countries will not make you give up your citizenship if you acquire Spanish nationality.

There are, however, several countries that do not allow dual nationality and will make you give up your original nationality. These include Austria, Japan, the Netherlands, Singapore, China, Nepal, Myanmar, Kuwait and Laos, as well as several others in the Middle East and Africa. It’s best to check with your embassy or consulate first before acquiring Spanish citizenship to find out. 

READ ALSO: Do you really have to give up your original nationality if you become Spanish?

What should I do if I don’t want to renounce my original citizenship?

If your original country allows dual nationality and you don’t want to give it up, the best advice is to be very careful when you use each passport.

For example, you should always show your Spanish passport upon entering Spain and always use your other passport when entering your original home country. As for other countries, it’s up to you which one you use. For travelling within the EU, however, your Spanish passport is best.

You should in fact, not be using your original passport for anything while in Spain – if asked, you should only ever show your Spanish passport. You will be treated exactly like any other Spanish citizen.

While it’s unlikely that Spain will actually check if you still have your original nationality, there is a risk if you decide to keep it.

If you are found out and the authorities see you using your old passport and know you haven’t renounced your previous citizenship, you could put your new Spanish nationality in jeopardy. Theoretically, Spain could take it away from you in this case.

If you decide you want to keep both nationalities and your own country allows it, it’s best to contact a lawyer first so that you’re aware of all the implications.  

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SPAIN AND THE US

How to quickly get a US passport for a child born in Spain 

What are the steps to apply for a baby's US passport from Spain? How long does it take? Here’s all the experience-based information and tips American parents in Spain should know before beginning the process.

How to quickly get a US passport for a child born in Spain 

You’ve left the United States and moved to Spain. Now, you’ve added a baby to this fabulous new life. You’ll want to secure their U.S. citizenship and passport straight away.

If one parent is Spanish, your child is entitled to Spanish citizenship. If your child doesn’t qualify for citizenship by birth, they’ll need an American passport to declare their nationality before being registered in Spain.

This article lays out the qualifications for a U.S. passport and the steps to get one. Fortunately, the process is fairly simple, according to people who have done it.

Does your baby qualify for a U.S. passport?
 
Your newborn qualifies for U.S. citizenship and a U.S. passport under the following conditions.
 
– They were born within wedlock to two U.S. citizen parents.
– They were born within wedlock and one of the parents is a U.S. citizen, and lived at least five years in the Unites States, two of which were ager after 14 or
– They were born out of wedlock to a U.S. citizen mother and non-citizen father.
– They were born out of wedlock to a U.S. citizen father and non-citizen mother.
 
When the parent who is a U.S. citizen is the father and the baby is born out of wedlock, there are a few additional steps required.

You’ll need to prove the blood relationship between your child and their father, attain a sworn statement from the father agreeing to give financial support until they are 18 years old and supply a written statement acknowledging paternity.

If your child does qualify for American citizenship, the next steps are pretty straightforward, although completing the required forms can be time-consuming.

What are the first steps when applying for a child’s U.S. passport from Spain?

The first step is applying for a Consular Report of Birth abroad (CRBA), which documents that your child is a U.S. citizen at birth. Any of the U.S. Consular Agencies in Spain can accept applications for Consular Reports of Birth Abroad (CRBA) and U.S. passports.

To begin, you’ll apply online. But remember, you’ll need original copies of any documents you upload; you’ll bring these to your in-person appointment at the consulate.
 
Documents you’ll need include:
 
·      Your child’s Spanish birth certificate.
·      Your marriage certificate, if married.
·      Divorce certificate, if divorced.
·      Evidence of U.S. parent’s citizenship, valid identification, and proof of physical presence in the United States.
·      Valid identification for non-U.S. citizen parent 
 
 “You will need proof of having been a long-term US resident in the past so think about what you can show (school transcripts, tax returns, etc.)” says Liz who moved from Scottsville Arizona to Málaga. Many Americans said this was the most time-intensive part.
 
Once you’ve completed and submitted your CRBA, you’re ready to make an appointment at a U.S. Consulate. The best way to make the appointment is by contacting the consulate directly, but make sure to wait for three days after submitting and paying for your CRBA. The fee is $100.00.

Remember, you must bring the original versions of every document you uploaded for your CRBA application, and your child must be present. Generally, both parents must also be present.

You can apply for your child’s passport at the same appointment. Be sure to complete the U.S. passport application prior to your appointment (including payment of a $135 fee) and bring the originals of all documents you uploaded for your passport application. Both parents must sign the application.
 
You’ll need to bring original copies and photocopies of the following documents:
 
·      One 2”x2” (5x5cm) passport picture for your child.
·      A document listing the legal guardians of your child.
·      Identification for both parents.
·      A physical copy of the completed passport application form (DS-11).
 

Important considerations:
 
For the CRBA, the U.S. parent(s) must report their physical presence in the United States, detailing each trip abroad. In other words, it’s crucial you don’t include time abroad in your list of days staying within the United States. If the dates are incorrect, the processing could be suspended until you correct the dates.

“The hardest part for us was to list every country we had ever visited, when and why.  Other than that, pretty easy. We did through the consulate in Valencia. Good luck,” says Sara, who moved from Boston, Massachusetts to Valencia.
 
It’s very important for both listed parents to attend the appointment. If only one parent can attend, you’ll need to submit a Statement of Consent. If you have sole legal custody of your child, you’ll need to bring proof, such as a court order.
 
Bring your child’s passport photo in a separate envelope (to not use it) but don’t staple it to the passport application.

How long does it take?
 
Generally, it takes approximately eight weeks to receive your child’s passport, which will be mailed to you. Be prepared to receive multiple mailings; your passport and citizenship papers will come separately. If you’ve requested both a passport book and a passport card, you’ll get 3 different mailings. If you’d like, you can pay for faster shipping.
 
If you have questions, don’t be shy about contacting your consulate. “It’s a simple process. Visit the US embassy website for any information you need. You can call or email any questions you have,” says Sarah, who moved from San Francisco to Barcelona.

Congratulations on your multinational family!

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