People with dual nationality are, at the same time, nationals of two countries and enjoy full legal status as nationals of both states.

Dual nationality is the status of being a citizen of two countries simultaneously. People who enjoy these two nationalities obtain a legal bond with both states.

Having dual nationality means enjoying full legal status as a citizen of two states. However, this does not mean that they are subject to the laws of both countries at the same time, but rather that one of the nationalities takes precedence, so that there is a point of reference in terms of the relationship between the citizen and the state.

In the case of Spain, article 9.9 of the Civil Code establishes that, if the corresponding treaty does not establish anything in this respect, the preferential nationality is that which coincides with the last habitual residence and, failing that, the last one that has been acquired.

Most dual nationality agreements take place of residence as a point of reference, so that people with dual nationality have the nationality of the place where they have established their residence as their preferred nationality. All subsequent issues will be governed by the State of that preferred nationality:

• Obtaining a passport.
• Exercising civil rights.
• Exercising political rights.
• Labour rights and Social Security.
• Diplomatic protection.
• Military obligations.

Thanks to this approach, procedures have been simplified and unnecessary complications or conflicts have been avoided.

Since dual nationality grants individuals the legal status of citizen, allowing them to enjoy the rights of a national within the state, using the place of residence of individuals as a point of reference prevents citizens with dual nationality from being constantly subject to both sets of legislation.

Background to dual nationality

The Spanish Civil Code allows dual nationality, but only under certain circumstances.

Dual nationality is obtained by acquiring Spanish citizenship through the different methods of acquiring nationality or when, as a Spanish citizen, you decide to apply for another nationality, if there is no obligation to renounce the pre-existing nationality.

As a general rule, when Spanish nationality is applied for and granted on the basis of residence, the previous nationality must be renounced, with the exception of people with citizenship of Ibero-American countries (former Spanish colonies), Equatorial Guinea, the Philippines, Portugal and France, who can retain both their original nationality and their Spanish nationality when they obtain the latter.

It is important to emphasise that, for these purposes, Guyana, Trinidad and Tobago, Jamaica and Haiti are not considered Latin American countries, but Puerto Rico is.

For example, if you have a British passport, you will have to declare to the Spanish Civil Registry that you renounce English nationality in order to obtain Spanish nationality, but this does not mean that you are asked to inform the British government that you are actually renouncing, you are only asked to make a formal declaration to the Spanish administration.

In March 2022, an initiative came into force that had been negotiated since 2019 between the Spanish Prime Minister, Pedro Sánchez, and his French counterpart, Emmanuel Macron, establishing an agreement on dual nationality whereby citizens of both countries can obtain the nationality of the other without renouncing their own.

It is estimated that this measure could benefit more than 300,000 Spanish citizens in France and more than 150,000 French citizens in Spain.

Now, what happens if you already have dual nationality from other countries? Can you obtain Spanish nationality?

But that doesn't mean you can't use your other nationality to benefit from a shorter residence period in order to apply for Spanish nationality.

And why is this important?

If you are a national of a European country (such as Italy or Germany), it is much easier for you to obtain residency in Spain through the EU registration certificate.

For all the above reasons, I recommend that you consider the short- and long-term consequences.

But one thing is absolutely certain: the law requires you to formalise your application for Spanish nationality, with the same nationality with which you obtained your NIE identity card and therefore your residence permit.

Ways of obtaining Spanish nationality

There are different ways of obtaining dual nationality in Spain if you are a citizen of a country with an agreement that accepts dual nationality:

Dual nationality by residence

The fundamental requirement for obtaining dual nationality for this reason is to have resided in Spanish territory for the last 10 years legally and continuously, immediately prior to the application. However, there are some cases in which the minimum period is reduced:

• Refugee status: 5 years.
• Nationals of Latin American countries, the Philippines, Andorra, Portugal, Equatorial Guinea or of Sephardic origin: 2 years.
• Born in Spanish territory; born abroad to parents or grandparents of whom at least one is Spanish by origin; persons subject to legal guardianship, curatorship, custody or foster care by Spanish citizens or institutions for at least 2 consecutive years; married to Spaniards for at least 1 year or widowers who meet the same requirement; persons who have not previously exercised the right of option, being able to do so: 1 year.

Dual nationality by origin

The Spanish Civil Code establishes the circumstances in which a person of Spanish origin can apply for dual nationality. These are:

• People born to a Spanish mother or father.
• Those born in Spain to foreign parents when at least one of their parents was born in the country, with the exception of the children of diplomatic or consular officials accredited in Spain.
• The children of foreigners born in Spain when their parents have no nationality (i.e. they are stateless) or when the legislation of neither of them attributes a nationality to the child.
• Those born in Spain whose parents' identity is unknown. For these purposes, those whose first known place of stay is in the national territory are considered to have been born in Spain.
• Minors who are adopted by a Spanish person.

Dual nationality by choice

This possibility, known as ius optandi, is available to those who:

• Have been or are currently under the parental authority of a Spanish person.
• Their father or mother is Spanish and was born in Spain.
• Were adopted after the age of majority.
• Their filiation was determined after the age of 18.

In accordance with Law 20/2022, of 19 October, on Democratic Memory, children born abroad to Spanish women who were deprived of the ability to pass on Spanish nationality to their descendants when marrying a foreign citizen can also access dual nationality by choice.

Adult children of persons who are recognised as having this option can also do so.

Dual nationality by letter of nature

La obtención de la nacionalidad por carta de naturalización es discrecional y no está sujeta a las normas generales del procedimiento administrativo. Se concede a discreción del Gobierno por real decreto, tras evaluar la existencia de circunstancias excepcionales en la persona solicitante (artistas, deportistas profesionales, personas en el ámbito de la cultura, etc.).

Dual nationality by possession of state

Nationality by possession of state requires having possessed and used Spanish nationality for 10 years, continuously, in good faith (that is, without knowing that in reality one is not Spanish) and based on a title registered in the civil registry.

It is also required that the applicant has maintained an active attitude in the possession and use of Spanish nationality, that is to say, that they have behaved as if they were Spanish, both in terms of enjoying rights and fulfilling duties with respect to the organisations of the Spanish State.

Even if the title registered in the civil registry is annulled, Spanish nationality is not lost.

Advantages of having dual nationality

Why is it so useful to have two different passports at the same time (both legally valid)? These are some of the most important reasons for having a Spanish passport:

• For those countries that require a tourist visa depending on the nationality of origin, it is possible that with a Spanish passport it is not necessary to apply for this visa (this applies to more than 150 countries).
• You can enter and move freely throughout all the countries of the European Union and legally establish yourself in a very short time.
• It is also possible to pass on dual nationality to your children or direct relatives.
• Being a citizen of your country of origin means keeping your roots and your emotional connection with it alive.

Loss of dual nationality

After obtaining dual nationality, it is necessary to act in such a way as to avoid losing this status as a citizen. The circumstances under which this status may be lost are:

• Acquisition of another nationality, when emancipated and residing abroad if you do not declare within 3 years your wish to retain Spanish nationality.
• Emancipated Spaniards who hold another nationality, who do not reside in the country and voluntarily renounce it.
• Emancipated persons who have legal residence abroad and who, during the last 3 years, have made exclusive use of the nationality they had before emancipation.
• Children of Spanish parents born abroad who do not reside in the country and who have not expressed their desire to retain dual nationality within a period of 3 years.
• Persons who hold a political office or are in the armed forces in a foreign country with the express prohibition of the government.
• Judgement of forgery or fraud in obtaining Spanish nationality.

Restoration of dual nationality

Once nationality has been lost, there are ways of regaining it. To apply for the recovery of dual nationality, the following requirements must be met.

• The interested party must present a voluntary declaration at the civil registry.
• The condition is to reside legally in Spanish territory. Exceptions are made for emigrants, children of emigrants and others who, due to special circumstances, have been exempted from the requirement by the Ministry of Justice.
• The recovery of nationality must be registered in the civil registry.

The application to recover nationality is presented at the civil registry office corresponding to the place of residence. You should remember that, in these circumstances, consulates also fulfil the function of civil registry office.

Conclusion

Dual nationality is the condition of being a citizen of two countries simultaneously. People who enjoy this dual nationality obtain a legal bond with both States.

Below, I present some key aspects that you should always consider in relation to dual nationality:

• Those with dual nationality enjoy full legal status as nationals of two states.
• Preference is given to one of the nationalities, in order to have a point of reference in the relations between the citizen and the state. Normally, it is the nationality corresponding to the place of residence.
• Dual nationality can be obtained by origin, residence, choice and naturalisation.
• The countries with which it is possible to have dual Spanish nationality are: Latin American countries, Andorra, the Philippines, Portugal, Equatorial Guinea and France.
• There are circumstances in which dual nationality can be lost, although there are also ways of recovering it.