LumenDo I have to give up my current citizenship to become Spanish?
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Yes, in most cases. Spanish law makes anyone acquiring nationality by residence declare that they renounce their previous nationality. Natives of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal, and Sephardi people originally from Spain, are exempt. A naturalised Spaniard who uses only the renounced nationality for three years loses Spanish nationality.
Key facts
| What | The law says | Source |
|---|---|---|
| Renunciation | You must declare that you renounce your previous nationality | Código Civil, art. 23.b |
| Who is exempt | Natives of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal; Sephardi people originally from Spain | Código Civil, arts. 23.b and 24.1 |
| Other common requirements | Oath or promise of allegiance to the King and obedience to the Constitution and laws (age 14 and over); registration in the Spanish Civil Registry | Código Civil, art. 23.a and 23.c |
| When | Before the Civil Registry, within 180 days of the grant being notified | Real Decreto 1004/2015, art. 12.1 |
| Using only the old nationality | A Spaniard who is not Spanish by origin loses Spanish nationality after using only the renounced nationality for three years | Código Civil, art. 25.1.a |
What the law requires
The Civil Code lists three common requirements for acquiring Spanish nationality by option, by naturalisation letter or by residence (art. 23). A person aged 14 or over who can make the declaration must swear or promise allegiance to the King and obedience to the Constitution and the laws. The same person must declare that they renounce their previous nationality. And the acquisition must be entered in the Spanish Civil Registry.
Who keeps their nationality
The renunciation requirement doesn’t apply to natives of the countries named in art. 24.1 of the Civil Code: Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal. It also doesn’t apply to Sephardi people originally from Spain.
When you renounce
The regulation places the renunciation, where it applies, in the same appointment as the oath: before the Civil Registry, within 180 days from the day after the grant is notified (Real Decreto 1004/2015, art. 12.1).
What the law says about using the old passport
The Civil Code says Spaniards who are not Spanish by origin lose Spanish nationality when, for three years, they use only the nationality they declared they renounced when becoming Spanish (art. 25.1.a). Whether your other country accepts the renunciation is a question for that country’s law, which this page doesn’t cover.
Sources
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