Does Spain allow dual citizenship with the UK?

A common query among Brits seeking Spanish citizenship through residency is whether dual nationality is permitted in Spain. This can be a difficult question to answer because while there are established regulations, comprehending them entirely can be challenging, and certain aspects remain ambiguous. Despite the desire of many Brits in Spain to acquire Spanish citizenship, the requirement to renounce their original nationality during the process is a major concern. Today we’re taking a look at all the big questions regarding this topic: Does Spain allow dual citizenship with the UK? Do you really have to give up your original nationality to become Spanish? And what will happen if I keep my original passport?

Am I eligible for Spanish citizenship?

First of all, before delving into the issue of dual nationality in Spain, how do you know if you are eligible for Spanish citizenship? These are the cases in which a British citizen is eligible for Spanish citizenship:

• Those who have been living in Spain for over 10 years are entitled to citizenship by residency or naturalisation. In addition to having 10 years of legal residency, the individual must have a clean criminal record, pass two exams - one focused on Spanish language proficiency (A2 level DELE) and the other on Spanish culture (CCSE), and ensure that their documents are translated and legalised by the consulate
• If you have married a Spanish citizen and have been a legal resident for at least one year, you may apply for Spanish citizenship by marriage.
• Another potential pathway to Spanish citizenship is through the option route, which does not require proof of residency. This route is available to those who have a Spanish parent, were adopted by Spanish parents, or were born on Spanish soil or to a Spanish parent.

Does Spain allow dual nationality?

From a legal perspective, Spain permits dual nationality only with countries that share a specific connection. So, what countries does Spain allow dual citizenship with? The list consists of 12 Ibero-American countries, namely Chile, Peru, Paraguay, Nicaragua, Guatemala, Bolivia, Ecuador, Costa Rica, Honduras, the Dominican Republic, Argentina, and Colombia. 

Additionally, this agreement also applies to individuals from Andorra, the Philippines, Equatorial Guinea, and Portugal, as well as those who have applied for citizenship through their Sephardic Jewish heritage. On top of this, Spain and France in recent years also entered into an agreement that allows dual nationality between both nations.

Individuals from the above-mentioned countries are required to live in Spain for only 2 years before being eligible to apply for citizenship through residency, while everyone else must have been a resident of Spain for 10 years to qualify for citizenship. The only exception in this list is France, where citizens also are required to live in Spain for 10 years before being able to apply for Spanish citizenship.

Does Spain allow dual citizenship with the UK?

According to the UK government  website, British citizens have the option of having dual citizenship in the UK, meaning that they can be both a British citizen and the citizen of another country. To achieve this, individuals are not required to apply for dual citizenship in the UK; instead, they can simply apply for the foreign citizenship while retaining their British citizenship. However, this possibility is subject to the specific regulations of the foreign country in question.

It is important to note that many countries, including Spain, do not allow dual citizenship with all nations, only with those mentioned above. In simple terms, Spain currently does not acknowledge dual nationality between Spanish and British citizenship, and only accepts dual citizenship from the aforementioned select few countries that meet the requirements outlined in the Spanish constitution.

Do you really have to give up your original nationality to become Spanish?

So, can you be British and Spanish at the same time? From a legal perspective, individuals from countries such as the UK who acquire Spanish citizenship are required to renounce their original nationality. As part of the process of obtaining Spanish nationality, you must appear before a judge to pledge loyalty to the Spanish constitution, and during this process, you will be asked to give up your original citizenship. However, it is important to note that individuals will not actually be required to surrender their physical passport, and they will still have it in their possession. 

What happens if I keep my original British passport?

To renounce your British citizenship officially, you must complete the necessary paperwork and pay the relevant fees to the British authorities, rather than the Spanish authorities. While the British authorities do not require you to surrender your passport as part of your Spanish application, it is important to note that holding onto your British passport does not entitle you to use it in Spain and you should be especially careful when travelling with 2 passports. Doing so could jeopardise your status as a Spanish citizen and even result in the loss of your citizenship altogether. Once you have obtained Spanish citizenship, you are considered a Spanish national and no longer a citizen of the UK in the eyes of Spain. As such, your British identity documents and any associated rights do not apply in Spain.

Changing your nationality or citizenship is a significant decision and not one that should be made without careful consideration. It is highly recommended that individuals seek legal advice in both their country of origin and the country they intend to apply to. This will ensure that you have a clear understanding of the rules and regulations, as well as the rights available to you in each country, and with this you can make an informed decision that is best suited to your needs.