SPAIN
Normative references
Spanish Constitution of 27 December 1978 art. 11
Civil Code, Art. 17-28 (amended by Law 36/2002, of 8 October 2002)
Law 32/2002 of 5 July 2002 amending the Law 17/1999 on the condition of foreign military occupation
Nationality of origin
The Spanish Constitution of 1978, Article 11 refers to a law regarding the implementation procedures for the acquisition, preservation and loss of citizenship (nacionalidad), simply place the general prohibition against the deprivation of citizenship of the Spanish d 'origin. Another provision addresses the possibility of signing international treaties on the "dual citizenship" (doble nacionalidad) with the Spanish-American countries or other countries that have maintained special links with Spain, according to the principle of reciprocity.
The specific rules on the right to citizenship is contained in the Civil Code, Book One in the "People" in Title I "of Spaniards and foreigners" (Articles 17-28).
In particular, are of Spanish origin:
• the father or mother born in Spain;
• those born in Spain of foreign parents, if at least one of them was born in Spain, except children of diplomats or consular officials accredited in Spain;
• those born in Spain of foreign parents, if both do not have any nationality or the law of their countries of origin does not give citizenship to the child;
• those born in Spain whose paternity is not established. In this case born in national territory are considered minors whose first known residence is in Spain.
Where a subsidiary or birth in Spain are found after the age of eighteen years of age, the person does not automatically acquires Spanish citizenship of origin, but has two years to choose to do so.
In fact the opposite, ie where it is discovered after the lack of a basic requirement for the possession of Spanish nationality of origin, if, subject to its good faith, was considered a Spanish citizen for at least ten uninterrupted years, with regular registration at the civil status registers, maintains citizenship.
It is also a citizen of an alien origin, less than eighteen years, which is adopted by a Spaniard.
Citizenship by option
In addition to the cases of possession of the nationality of origin is possible, as mentioned before (determination of the birth or parentage in Spain after the age of eighteen years of age), opt for Spanish nationality, this possibility is, in fact, adopted for the majority, provided such option is exercised within two years following adoption.
The Civil Code also identifies two other categories that can exercise the right of option:
• people who are, or have been, subject to parental authority of a Spaniard;
• those whose father or mother born in Spain, have ever had Spanish citizenship. [10]
The declaration of option shall be made by the person, if an adult with full legal capacity to minors, provided more than fourteen years, has requested the assistance of a legal representative. For children under fourteen years, finally, you can only request made by a legal representative dell'optante authorized officer of the civil state of domicile of the applicant, hearing the opinion of the Public Ministry and in the interest of the subject.
In case of a declaration made directly by the person in possession of majority, is expected, even for people who have been subject to parental authority of a citizen, the period of two years to enforce the option, although that term does not apply If those who had a parent born in Spain and had been in the past, a Spanish national.
After a period of two years is however still possible to obtain citizenship, but through the "acquisition" of the same and after the requirement of "legal residence".
The acquisition of citizenship
Spanish nationality can be acquired in two ways: first by the issuance of "certificate of citizenship" (carta de naturaleza) by "Royal Decree", issued at the discretion of the competent authority, but only in cases where the applicant is in "exceptional circumstances", and secondly, in the most frequent, obtaining citizenship is the requirement of "residence in Spain," with permission of the Minister of Justice.
In both cases, the application must be submitted with the same criteria already listed for the option in favor of Spanish nationality, according to the age of the applicant.
The basic requirement for the application on the residency, is precisely that of "legal and continuous residence" in Spain for a period of 10 years as a general rule.
For this basic principle, however, some exceptions provided for:• For those who have been recognized as political refugees: 5 years of residence;
• for citizens of countries of origin, Hispanic-Americans, for those of Andorra, the Philippines, Equatorial Guinea, Portugal and the Sephardim: 2 years of residence;
• for those born in Spain: 1 year of residence;
• For those who are married to a Spanish citizen for at least a year and are not legally separated or fact: 1 year of residence;
• For those who are or have been subject to legal protection, custody or custody of a citizen or a Spanish institution for two consecutive years: 1 year of residence;
• for widows or widowers of a Spanish or Spanish, if the spouse's death there was no factual or legal separation: 1 year of residence;
• for those born outside Spain, but with a parent or grandparent who has in the past, the Spanish citizenship: 1 year of residence;
• For those who have not claimed in the past, the option for Spanish citizenship: 1 year of residence.
The question, addressed to the Minister of Justice, shall be filed at the register office where you can find the address of the applicant, accompanied by the various licenses required for the different cases listed above, and in any case, a certificate from the Directorate General of Police stating that the period of continuous legal residence in Spain.
The applicant must also demonstrate "good conduct civic and sufficient degree of integration into Spanish society."
In that respect are required, in addition to certificates concerning prior criminal record in Spain and in the country of origin, a certificate attesting to the enrollment in all roles Population and tax (certificado de empadronamiento), the alien must also demonstrate what his means of livelihood in Spain.
The Minister of Justice may dismiss the application for citizenship in a reasoned decision, for reasons of public policy od'interesse country. This act is challenged in administrative matters.
The granting of citizenship, either through option after obtaining a "certificate of citizenship or acquisition with residence in Spain, automatically lapse after 180 days if the person concerned, if it is greater than 14 years and have full capacity legal act, does not perform the following acts:
• declare or promise allegiance to the king and obedience to the Constitution and laws;
• claims to renounce his nationality of origin, except those coming from Spanish-American countries and from Andorra, the Philippines, Equatorial Guinea and Portugal, according to the possibility of "dual citizenship" provided for in Article 11 of the Constitution;
• Record the acquisition of Spanish nationality at the register office.
Finally, special provisions on the acquisition of Spanish nationality, not included in the Civil Code, have recently been introduced in the seventh additional provision of the Ley 52/2007, de 26 de diciembre, por la que se reconocen progressing y derechos y se establecen medidas en favor de quienes padecieron persecución or during the civil war violencia y la dictadura. [11]
The provisions of a temporary nature, permits the application of acquisition of Spanish citizenship, within a period of two years from the entry into force of the law, renewable for a further period not exceeding one year, by decision of the Council of Ministers, for the following two categories:
• people with a father or mother who were Spanish origin;
• grandchildren of those who lost or had to give up Spanish citizenship as a result of exile.
Loss and reacquisition of citizenship
Under the Civil Code lose their Spanish nationality who have become independent from their family of origin (emancipados), decides to reside abroad regularly, voluntarily acquire another citizenship or to use only foreign citizenship, who had prior emancipation.
The loss of Spanish citizenship comes after three years, calculated from the acquisition of new nationality or emancipation. Interested parties may, however, avoid losing the Spanish nationality if, within the time specified, say he wants to preserve before the officer of civil status. [12]
The acquisition of citizenship of an Ibero-American countries or Andorra, the Philippines, Equatorial Guinea and Portugal does not automatically entail the loss of Spanish citizenship because of the possibility of dual citizenship.
In any case they lose Spanish citizenship to those who expressly waive it or another and maintain their habitual residence abroad.
Those who are born and live abroad but are citizens of Spain as children of a Spanish mother or father, though born abroad, in turn, where the laws of the country recognized him as a nationality, in any case lose citizenship Spanish, unless they expressly state he wants to preserve before the officer of civil status within three years from the age of majority or emancipation. [13]
For those who are not citizens of Spanish origin, but for acquisition, loss of citizenship is in the following cases:
• When, for a period of three years, using only the citizenship to which they had waived his right to acquire the Spanish;
• when voluntarily enter the service of foreign armed forces or are of political office in a foreign state, against the express prohibition by the Spanish Government.
The final ruling stating that the person committed the crimes of falsity, concealment or fraud with respect to the acquisition of Spanish citizenship, produces the nullity of the act of acquisition, although the effects were not due to this ruling for the third persons possibly involved, provided to establish their good faith.
The legal proceedings for annulment may be initiated on its own motion, the prosecutor, whether as a result of complaint personnel, within a maximum period of fifteen years.
Those who have lost their Spanish nationality can still retrieve it, if he fulfills the following requirements and with these steps:
• have legal residence in Spain. This requirement shall not apply to immigrants or their children. In other cases it is possible in exceptional circumstances, obtain the exemption granted by the Minister of Justice;
• declare, before the officer of civil status, of wanting to get Spanish citizenship;
• enter the recovery of citizenship in the register of civil status.
In the above cases for annulment of the acquisition of Spanish citizenship, to falsehood, concealment or fraud in order to obtain the recovery or acquisition of citizenship is also required a special authorization issued by the Spanish government discretion.
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[1] The updated text of the Law on Citizenship (Staatsangehörigkeitsgesetz), as last amended by Article 3 of the Law of 17 December 2008, is available at: http://bundesrecht.juris.de/bundesrecht/rustag/ gesamt.pdf.
[2] The updated text of the Immigration Act (Zuwanderungsgesetz) can be found at: http://217.160.60.235/BGBL/bgbl1f/bgbl104s1950.pdf.
[3] In place of the Aliens Act (Ausländergesetz), repealed by the new Immigration Act (Zuwanderungsgesetz) entered into force, the Residence Act (Aufenthaltsgesetz) of 30 July 2004, as last amended by Article 1a of Law December 22, 2008. The text of the Residence Act can be found at: http://bundesrecht.juris.de/bundesrecht/aufenthg_2004/gesamt.pdf.
[4] The full text of the Act is available in German, at: http://217.160.60.235/BGBL/bgbl1f/bgbl107s1970.pdf
[5] The Federal Ministry of the Interior, in cooperation with the Ministry of Foreign Affairs, periodically draw up a list of countries that do not allow renunciation of citizenship. Currently, Afghanistan, Algeria, Eritrea, Iran, Cuba, Lebanon, Morocco, Syria and Tunisia.
[6] http://www.opsi.gov.uk/acts/acts2002/20020008.htm
[7] http://www.opsi.gov.uk/acts/acts2002/20020041.htm
[8] http://www.opsi.gov.uk/acts/acts2002/20060013.htm
[9] http://www.lifeintheuktest.gov.uk
[10] This is one of the amendments to the Civil Code introduced by Law 36/2002. The declared purpose of the Act is to "facilitate the preservation and transmission of Spanish nationality, in accordance with the provisions of Article 42 of the Spanish Constitution, which commits the state in safeguarding economic and social rights of Spanish workers abroad and encourage their return home.
[11] attached text under "Documentation".
[12] This possibility was introduced by Law 36/2002, in order to enable interested parties to not lose their Spanish citizenship in a way, so to speak, automatically, that is only a result of the passage of a period of time.
[13] Although this provision was introduced by Law 36/2002, always with the intent to avoid the loss of citizenship automatically.
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