Dual Nationality by Origin

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
19 Oct 2016 19:59 by theline Star rating. 83 posts Send private message

I have been reading up on Spanish nationality law recently, and I have a few questions regarding how it works for a specific case.

Imagine someone were to be born in Spain to a Spanish parent and a British parent. In this scenario, the baby would be both Spanish and British by origin. 

Now the parents of the baby apply for both a Spanish and British passport for the baby, so the baby is now a registered national of both countries (actually, the baby would have  had to have been registered in Spain prior to obtaining the Spanish passport).

My understanding of the law is that this is all fine and dandy until the child reaches the "age of emancipation" (i.e. 18 years old), when different rules start to apply.

If the adult now voluntarily obtains another nationality (and lives outside of Spain), they will lose their Spanish nationality if they do not inform the Spanish authorities within 3 years of their intention to remain Spanish.

The adult would also lose their nationality if they started to solely use their other nationality (in this case British).

There are also other ways the person could lose their Spanish nationality, but none of these could result in involuntary loss of it.


So, my questions are as follows:

1) Is my understanding of the law correct?

2) How would the Spanish government know that a person is now no longer "using" their Spanish nationality? 

2a) Is the burden of proof on the state or the individual to prove this?

3) In practice, does the Spanish government ever "strip" dual nationals of their Spanish citizenship, or is this just an antique law that is there but never actually applied?

4) Does the child have to inform "the authorities" that they have British citizenship within 3 years of reaching "emancipation"?


My main sources of information are:

1) https://en.m.wikipedia.org/wiki/Spanish_nationality_law

2) http://noticias.juridicas.com/base_datos/Privado/cc.l1t1.html

Like 0      
19 Oct 2016 22:47 by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

Suggest you talk to an expert go and sees a specialist solicitor or Spanish and British embassies 



“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”

Like 2      
20 Oct 2016 14:33 by johnzx Star rating in Spain. 5247 posts Send private message

Theline. There are lots of problems encountered by subscribers who really need to know the answers,  so inventing ‘what ifs’ and ‘maybe’s’ would seem unnecessary.

Anyway.  I know several people who for one reason or another have Spanish Nationality but have ‘illegally’ retained their former nationality / passport.  They seem to get by but of course never carry the two passports at the same time.

However, there are some people who are permitted to have dual nationality. I do not know about the scenario which you pose, but, I do know that nationals of former Spanish colonies may have dual nationality and that they do not need to wait the usual ten years Spanish residency before they can apply. Filipinos for example can apply after two years in Spain.

Like 0      
20 Oct 2016 17:00 by Destry Star rating in MYOB . 289 posts Send private message

I suggest that you get mariacastro on your case, send her a pm.


Like 0      

Pages: 1 |

Post reply    Start new thread

Previous Threads

Costa Luz Lawyers. Recommendation - 0 posts
ITV - 18 posts
Modelo 210 again - Murcia - 9 posts
Warning: Actions against Banks: not that easy - 16 posts
Warning: Actions against Banks: not that easy - 0 posts
home intercom - 0 posts
Insects in bathroom - 8 posts
tv repairs - 4 posts
Can I sue a Spanish lawyer in England if they have been neglectful? - 0 posts
Plus valia tax - 1 posts
can't use the UK work van please advise... - 8 posts
Genuine Business Opportunity - 0 posts
How do you contact the Moderators ? - 6 posts
Proxy Votes - 4 posts
Fuengirola Marina Mini Market - 0 posts
Touring Caravan for Sale - Nerja Area - 1 posts
La Llacuna / Villalonga / Valencia - 2 posts
Roof terrace design - Malaga -> Marbella - 1 posts
Travelling to UK with NON EU Wife - 5 posts
Eurona Telecom - 3 posts
Looking to join a concert band - 0 posts
Selling a UK car - 2 posts
Changing Nie Number Details - 3 posts
Changing from Movistar to Hits Mobile - 2 posts
Sub letting in Gran Canaria - 0 posts

Number of posts in this thread: 4

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.

1 |
Our Weekly Email Digest

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x