LOSING ONE´S NATIONALITY

There has been a history of legal insecurity when dealing with Spanish nationality procedures due to the fact that it can be taken away from nationals although it remains unclear who came up with such a decision.  Nevertheless, the consequence has resulted in an extraordinary power for the Directorate General for Registers and Notaries as well as its ¨so-called¨ management body.

Nationals of non-Spanish origin (for example those who have acquired nationality by residency), will lose nationality in the following circumstances:

• If during a period of three years the national exclusively uses the nationality they have chosen to renounce to acquire Spanish nationality.
• If one voluntarily provides any services as a political officer or uses weapons in a foreign state when prohibited by the government.  
• When the judicial sentence declares that the national is guilty of having acquired Spanish nationality by misrepresentation or fraud.  However, this shall not result in adverse effects on third parties in good faith.  The Public Prosecutor shall process denunciation or nullification within a period of fifteen years.

Despite all this, the Civil Code states that it is possible to recover one´s nationality as long as the he fulfills the following requirements:

• Is a legal Spanish resident.  This requirement shall not be applicable to migrants nor children of migrants.  In exceptional circumstances, the Ministry of Justice may waive this requirement. 
• Declare before the Civil Registry their willingness to recover their Spanish nationality.
• File for the recovery in the Civil Registry.

It shall not be possible to recover or acquire Spanish nationality without previous authorization from the government.  

Translated by:  Katherine Pascal