What is the conservation of the Spanish nationality, how can you keep it if you live abroad and how to recover it in case you have lost it.
Can I keep my Spanish nationality if I live abroad?
According to Spanish law, Spaniards who voluntarily acquire another nationality after the age of majority or emancipation may lose their Spanish nationality if they do not make a declaration of conservation. In addition, if you are Spanish and have had another nationality since you became a minor, you must also make a declaration of conservation in order to maintain your Spanish nationality.
On the other hand, if you are the child of Spaniards and you were born and habitually reside abroad, and the country in which you reside attributes its nationality to you while you are a minor, you must declare your wish to retain your Spanish nationality before the Civil Registrar within three years of your 18th birthday or your emancipation.
If you are Spanish and live abroad, you must file an application for the preservation of your nationality. It is important that you file the application for preservation within three years of acquiring another nationality or reaching the age of majority, as applicable. If you do not file the application within this period, you could lose your Spanish nationality.
What if I lose it, how can I recover it?
The recovery of Spanish nationality is possible in some cases, and it is important to know the requirements and procedures necessary to achieve it.
One of the cases in which it is possible to recover Spanish nationality is through the recovery option. This process is available to those who have lost their Spanish nationality involuntarily, such as those who lost it when acquiring another nationality.
In order to be able to opt for the recovery of the Spanish nationality by this means, it is necessary to fulfill certain requirements:
It is necessary to have resided legally in Spain for at least one year prior to the application for recovery.
Basic knowledge of the Spanish language and Spanish culture must be accredited, which can be done through specific exams.
Another case in which Spanish nationality can be recovered is through the option of rehabilitation. This option is available for those who have lost their Spanish nationality voluntarily, for example, for a person who renounced his or her nationality in order to acquire another one.
In order to be eligible for the rehabilitation of the Spanish nationality, it is necessary:
To have resided legally in Spain for at least two years prior to the application for rehabilitation.
Demonstrate that an effective link with Spain has been maintained throughout that time, which may include carrying out economic, cultural or social activities in the country.
In both cases, the recovery of Spanish nationality must be requested before the corresponding Spanish Civil Registry. The process can be complex and we strongly recommend that it be done with the advice of an expert immigration lawyer.
