Loss of Spanish Nationality: How to Recover It?

Did you know it is possible to lose Spanish nationality? In this article, we will explain clearly and objectively the ways this can happen, how to avoid this situation, and how to recover it again. The loss of Spanish nationality, as provided for in the Spanish Civil Code, in art. 24, is more common than you might think and can happen for various reasons.

The most common case is when a child receives Spanish Citizenship because the father or mother has it, but the child was born and lives outside of Spain and, upon reaching adulthood, does not confirm their desire to keep it with the Consulate.

Often, the loss occurs due to a lack of information from descendants living abroad. To better understand this matter, it is essential to know the laws on accessing citizenship.

How can I obtain Spanish nationality while living abroad?

Spanish nationality law distinguishes between those born in Spanish territory and those who are not.

Obtaining Spanish nationality for those who are children or grandchildren of Spaniards and were born outside of Spain requires specific requirements and deadlines, especially related to the age of the applicant.

Initially, the descendant (child or grandchild) is registered as a minor. Then, between the ages of 18 and 21, it is necessary to confirm the desire to be Spanish.

• Birth Registration (up to 18 years old)
  Child of a Spaniard, Spanish is. But for this, it is necessary to do the Birth Registration at the Spanish Consulate. That is, to register the birth certificate of the descendant, as a minor, at the Spanish Consulate in the country where they reside. This registration is essential to establish the link between the descendant and the Spanish ascendant.
  
• Confirmation of Spanish Nationality (From 18 to 21 years old)
  Once an adult, it is necessary to express the desire to be Spanish and maintain Spanish nationality. It is possible to request the declaration of maintenance at Spanish Consulates abroad.
  
• Application for nationality at adulthood (after 21 years old)
  For those who did not register as minors, nationality is still attainable, but it requires additional requirements: it is necessary to reside in Spain for a period of one year to be eligible.

ATTENTION: The Democratic Memory Law, in effect until October 2024, exempts the requirement of residence in Spain. See more below!

Does Spanish Citizenship Make You Lose American? Find out here!

How does one lose Spanish nationality?

The loss of Spanish nationality can occur in various situations.

⚠️ By voluntary renunciation

Spaniards by origin, emancipated, who reside abroad, acquire new nationality, and voluntarily renounce the original.

⚠️ By marriage with a foreigner

Until the approval of the Spanish Constitution of 1978, Spanish women who contracted marriage with foreigners generally lost their Spanish nationality automatically. Additionally, in 1930, unless they expressly renounced their husband’s nationality and retained the Spanish one, which was rare.

⚠️ Non-declaration of the will to preserve nationality

For Spaniards by origin (children and grandchildren), the loss can occur if they do not declare the will to maintain nationality between the ages of 18 and 21.

Or, after 18 years old and residing abroad, they acquire another nationality and do not declare the will to maintain Spanish nationality in the same period.

⚠️ Prolonged stay outside of Spain

Naturalized Spaniards can lose nationality if, after acquiring it, they use exclusively, for three years, the nationality they renounced.

⚠️ Other reasons

The loss also happens if they voluntarily join the military service or occupy political positions in another country against the express prohibition of the Spanish government, or if they are declared guilty of falsehood, concealment, or fraud in the nationality acquisition process, or if they lost or renounced their nationality due to exile motivated by political, ideological, identity, or sexual orientation issues, during the period from 1936 to 1978.

Exceptions

• Armed Conflicts
  If Spain is at war, there are also exceptions provided for.
  
• Countries with Special Agreements
  The loss of nationality does not occur when acquiring a second nationality from an Ibero-American country, Andorra, the Philippines, Equatorial Guinea, or Portugal.

It is important to clarify that once lost, Spanish citizenship can be recovered in many cases!

Does divorce make you lose Spanish nationality?

What is commonly referred to as “Spanish citizenship by marriage” is, in fact, citizenship acquired through residency. For spouses of Spanish citizens, the required period to apply for nationality is reduced to just one year. Therefore, for individuals who obtained Spanish nationality through marriage (i.e., through residency), divorce does not result in the loss of nationality.

Recovery of Spanish Nationality:

Descendant, but did not declare the will to maintain nationality until 21 years old. How to regain?

This is the most frequent case among our clients!

If you have parents or grandparents from Spain and lost your Spanish nationality because you did not declare the will to maintain it before turning 21, it is still possible to recover it as follows:

• General Rule
  Legally reside in Spain for 1 year: After establishing residence in Spain, you must present yourself to the Spanish Civil Registry and formally declare your will to recover Spanish nationality. The recovery of nationality will be finalized and effective with the registration of the same in the Spanish Civil Registry. This act formalizes the recovery of your nationality.
  
• Temporary Rule: Democratic Memory Law
  Currently, there is a law in force that facilitates access to Spanish citizenship, even for those who lost it for various reasons. Access our article on the Democratic Memory Law. Through this law, you will also not lose your original citizenship, even if you are American or British.

How not to lose Spanish nationality while living outside Spain?

The naturalized Spaniard should avoid prolonged stays outside of Spain using only the previous nationality.

It is not about not being able to return to your country of origin or not being able to reside in a new country! However, to avoid the loss of Spanish nationality in the first three years after obtaining it, it is necessary to demonstrate, in some way, your desire to maintain it!

Some examples:

• Visiting Spain;
• Trying to renew your Spanish passport;
• Using your Spanish passport for travel, marriage abroad, or other legal purposes;
• Voting in elections in Spain…

Any similar activity that involves the use of the Spanish passport or the rights associated with Spanish citizenship can also be considered proof of your intention to maintain your nationality.

Recover Spanish nationality? Talk to us!

If you are facing the loss of Spanish nationality or need guidance on how to recover it, Atlantic Bridge is available to help. We have highly qualified specialists who can guide you through all stages of the process, offering personalized consultancy and specialized support to ensure that your rights and interests are protected. Contact us for a consultation and allow our experienced team to help resolve your situation with the utmost efficiency and precision.