Dual nationality in Spain (or doble nacionalidad) allows individuals to hold citizenship in two countries simultaneously. For Spain, this privilege is not universally available—it operates under strict treaties rooted in historical, cultural, and legal frameworks. Here’s a comprehensive guide to which countries qualify and why.
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In this post we cover the following: (click any section to see its content)
Dual nationality in Spain.
- COUNTRIES WITH DUAL NATIONALITY TREATIES »
- WHY ONLY THESE COUNTRIES? »
- KEY EXCEPTIONS & GRAY AREAS »
- PRACTICAL IMPLICATIONS FOR DUAL CITIZENS »
- HOW TO CLAIM DUAL NATIONALITY »
- BENEFITS OF DUAL NATIONALITY »
- WHEN DUAL NATIONALITY IS LOST »
- A PRIVILEGE, NOT A RIGHT »
- DEMOCRATIC MEMORY LAW »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
COUNTRIES WITH DUAL NATIONALITY TREATIES:
Spain maintains agreements with these nations, enabling citizens to retain both passports:
Ibero-American Countries
- Full List: Argentina, Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Paraguay, Peru, Dominican Republic, Uruguay, Venezuela, and Puerto Rico (as a Spanish-speaking territory).
- Key Requirement: Spanish or Portuguese must be an official language. Excluded: Haiti, Jamaica, Trinidad and Tobago, and Guyana.
Non-Ibero-American Treaty Partners
- Andorra
- Philippines (former Spanish colony)
- Portugal
- Guinea Ecuatorial (former colony)
- France (added in 2022 via bilateral agreement)
WHY ONLY THESE COUNTRIES?:
- Constitutional Mandate
Spain’s Constitution (Art. 11.3) restricts dual nationality treaties to:
- Ibero-American nations (shared linguistic/cultural heritage).
- Countries with “particular ties” to Spain (e.g., former colonies like Philippines/Guinea).
- Reciprocal Rights & Colonial Legacy
- Historical Reparation: Agreements with former colonies acknowledge shared history and ease integration for descendants 17.
- Reciprocity: While Spain doesn’t require treaty-country citizens to renounce original nationality, not all countries reciprocate (e.g., France recognizes dual nationality unilaterally).
- Avoiding Legal Conflicts
Dual nationals must prioritize one nationality for:
- Military service
- Voting rights
- Diplomatic protection
Spain uses residency as the default criterion for determining “preferred nationality”
KEY EXCEPTIONS & GRAY AREAS:
There are some exceptions to these rules however:
- A Non-Spanish citizen can retain their original passport upon acquiring Spanish nationality through the Democratic Memory Law (Law 20/2022), known as the “Grandchildren’s Law.” This law explicitly allows dual nationality without having to surrender a non-Spanish passport holder.
- Non-Treaty Countries: Citizens of the US, Italy, or Germany cannot legally hold dual nationality with Spain. They must renounce their original citizenship to naturalize (though enforcement varies)
- De Facto Dual Nationals: Some Spaniards hold second passports illegally (e.g., UK citizens). Spain may not recognize the non-Spanish citizenship
PRACTICAL IMPLICATIONS FOR DUAL CITIZENS:
| Right/Obligation | Governed by Preferred Nationality |
| Passport Issuance | Country of residence |
| Voting | Country of residence |
| Military Service | Country of residence |
| Taxes | Both countries (consult treaties to avoid double taxation) |
Example: A Spanish-Mexican dual national living in Spain pays Spanish taxes and votes in Spanish elections but may own property freely in Mexico
HOW TO CLAIM DUAL NATIONALITY:
- By Descent:
- Submit birth certificates of Spanish parents/grandparents
- Children of Spanish mothers who lost citizenship via marriage pre-1978 qualify (Ley de Memoria Democrática)
- By Naturalization:
- Ibero-Americans require 2 years of residency (vs. 10 years for others)
- Pass language/culture exams (DELE A2, CCSE)
Treaties expire! The Ley de Memoria Democrática (grandchild citizenship pathway) ends October 2025.
BENEFITS OF DUAL CITIZENSHIP:
- Visa-Free Travel: Spanish passport → 194 destinations.
- Work/Live in all EU countries + treaty nations.
- Property Ownership: No restrictions in either country.
- Political Participation: Vote/run for office in both nations (check local laws).
WHEN DUAL NATIONALITY IS LOST:
- Voluntarily renouncing Spanish citizenship.
- Using only the other nationality for 3+ years while residing abroad.
A PRIVILEGE, NOT A RIGHT:
Spain’s dual nationality treaties reflect historical reconciliation and cultural solidarity—not global openness. For eligible nations, it’s a powerful bridge linking identity, opportunity, and legacy. Always verify requirements via an immigration lawyer.
DEMOCRATIC MEMORY LAW:
While the Law 20/2022, on Democratic Memory, does not include a specific provision explicitly stating that it is permissible to retain both passports when acquiring Spanish nationality through the option established in its eighth additional provision. The law is aligned with the general framework of the Spanish Civil Code, which regulates the acquisition of nationality and the conditions for dual nationality which allows beneficiaries of the Democratic Memory Law to retain their original nationality and, therefore, both passports..
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Digital-Nomad visa Spain (Remote worker in Spain)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Student-Visa Permit (Student-Visa & up-to 30 hours work per week)
- Self-Employed visa Spain (Self employed expats in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCY IN SPAIN?
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Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
