Dual citizenship: Does Spain check if you've renounced your original nationality?

Spain receives thousands of requests for citizenship each year, but the most common issue holding many people back is that they don’t want to have to renounce their old citizenship.

You can apply to be a Spanish citizen if you’ve legally resided here for 10 years or 2 years for citizens of certain countries.

READ ALSO - Step by step: How to apply for Spanish nationality

Legally, Spain only allows dual nationality with certain countries. These include nationals from 12 Ibero-American countries: Chile, Peru, Paraguay, Nicaragua, Guatemala, Bolivia, Ecuador, Costa Rica, Honduras, the Dominican Republic, Argentina and Colombia.

It also applies to those from Andorra, the Philippines, Equatorial Guinea, Portugal and France, as well as those who have applied using their Sephardic Jewish heritage.

READ ALSO: Spain granted nationality by residency to almost 250,000 people in 2023

Anyone else, including Britons or Americans for example, would technically need to renounce their original nationality.

Before you are granted Spanish citizenship, you must appear before a judge to swear allegiance to the Spanish constitution. They will also ask you to renounce your original nationality, to which you must agree.

But, after being granted Spanish citizenship, do the authorities actually check if you have given up your previous nationality or not?

The most important point to remember is that you will not have to physically hand over your original passport when you take the oath of allegiance and will not have your old citizenship automatically taken away.

This means that your original passport will remain yours. Although you can choose what to do with it, there are certain implications if you use it.  

According to Spain's Justice Ministry, Spanish nationals who are not nationals by origin (for example, those who have acquired Spanish nationality through residence) shall lose their Spanish nationality if after acquiring Spanish nationality, they use the nationality they renounced during a period of three years.

This means that in theory while they won’t actually check if you have renounced your previous nationality, if you are found using your original passport in Spain, you will most likely lose your new Spanish citizenship.

It's unclear what will happen if you are found using your original passport after these first three years, but it’s highly advisable not to use it within Spain at all.

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Spanish legal firm Echevarría Abogados confirms: "Once Spanish nationality is granted, Spanish law is indifferent to how the other country in question deals with its citizen", and that "much more important than analysing Spanish legislation, it is necessary to study the rules of the country from which the applicant in question comes". The renouncement of your original nationality is a "mere formality" for Spain, according to them.

Dual nationality is allowed in many countries including the UK and the US, so these countries will not make you give up your citizenship if you acquire Spanish nationality.

There are, however, several countries that do not allow dual nationality and will make you give up your original nationality. These include Austria, Japan, the Netherlands, Singapore, China, Nepal, Myanmar, Kuwait and Laos, as well as several others in the Middle East and Africa. It’s best to check with your embassy or consulate first before acquiring Spanish citizenship to find out. 

READ ALSO: Do you really have to give up your original nationality if you become Spanish?

What should I do if I don’t want to renounce my original citizenship?

If your original country allows dual nationality and you don’t want to give it up, the best advice is to be very careful when you use each passport.

For example, you should always show your Spanish passport upon entering Spain and always use your other passport when entering your original home country. As for other countries, it’s up to you which one you use. For travelling within the EU, however, your Spanish passport is best.

You should in fact, not be using your original passport for anything while in Spain – if asked, you should only ever show your Spanish passport. You will be treated exactly like any other Spanish citizen.

While it’s unlikely that Spain will actually check if you still have your original nationality, there is a risk if you decide to keep it.

If you are found out and the authorities see you using your old passport and know you haven’t renounced your previous citizenship, you could put your new Spanish nationality in jeopardy. Theoretically, Spain could take it away from you in this case.

If you decide you want to keep both nationalities and your own country allows it, it’s best to contact a lawyer first so that you’re aware of all the implications.