Spanish nationality is not, in all cases, an irrevocable right. Current legislation establishes a series of cases in which a person can lose it, either by acquire another nationality, by express renunciation or by failing to comply with certain legal obligations.
These scenarios vary depending on whether they are Spaniards of origin or people who have acquired nationality later, for example, by residence.
Loss of nationality in Spaniards of origin
One of the most common cases occurs when an emancipated Spanish citizen resides abroad and voluntarily acquires another nationality. In this case, you may lose Spanish nationality if you do not declare, within a period of three years, your desire to retain it.
Nevertheless, there are important exceptions: Acquiring the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal does not automatically imply the loss of Spanish nationality for this reason.
Those who, being emancipated and living outside of Spain, can also lose it. use for three years exclusively the nationality they had before emancipation. Again, the law allows it to be preserved if that wish is formally expressed within the established period.
Another case contemplates emancipated Spaniards with dual nationality who habitually reside abroad and voluntarily renounce their Spanish nationality.
Besides, In the case of people born abroad who are Spanish because they are children of a Spanish father or mother – also born outside of Spain – the law requires that, within three years of reaching the age of majority or emancipation, they declare their intention to retain their nationality.. If they don’t, they may lose it.
Specific cases for those who are not Spanish of origin
The regulations also provide for particular situations for those who acquired Spanish nationality, for example, by residence.
They may lose it if, after obtaining it, They use the nationality they had renounced for three years in the acquisition process.
In addition, The loss may occur when a person voluntarily enters the military service or holds political office in a foreign State. against the express prohibition of the Spanish Government.
Finally, there is a particularly relevant assumption: when a court ruling determines that nationality was obtained through falsehood, concealment or fraud. In that case, the loss can be declared through court.
How to regain citizen status
For those who lose their status as citizens under these regulations, The path to recovery is not easy but it exists. The interested party must legally reside in Spain for a certain period of time and formally declare before the person in charge of the Civil Registry their desire to recover nationality.
However, this benefit is usually subject to the approval of the competent authorities, who will evaluate whether the causes that led to the loss have been corrected or if the risk of a new non-compliance persists.
