Spanish Nationality by Residence

Two Years Instead of Ten, and You Keep the Passport You Have

Why this applies to you

The Civil Code draws one line and it changes two things at once. A national of origin of an Ibero-American country needs two years of residence rather than ten, in the same sentence that states the ten. And article 23(b), which requires every applicant to declare that they renounce their previous nationality, exempts the nationals of the countries named in article 24(1) - the same class. The second limb is why Spanish nationality is in practice a second nationality for this class and a replacement for everyone else. Everything else is unchanged: the residence must still be legal, continuous and immediately prior, and the applicant must still prove good civic conduct and integration.

The 1958 Treaty: Keep Both, If You Were Born in the Right Place

The oldest of these treaties and the narrowest at its door: it reaches Spaniards born in Spain and Chileans born in Chile, and it defines being born in Spain as the peninsula, the Balearics and the Canaries. Ceuta and Melilla are not named. Whoever is inside may take the other nationality without losing their own, and the rights that follow are governed by the law of the country they are domiciled in.

Both Nationalities, Governed by Wherever You Live

A Spaniard may take Peruvian nationality and a Peruvian Spanish nationality without losing what they hold. Someone who became Spanish or Peruvian by naturalisation is shut out by the second paragraph of article 1. What the treaty then transfers is governed by the law of the country of domicile - passport, diplomatic protection, civil and political rights, and work and social security with them.

Both Nationalities, Governed by the Country That Granted the New One

Open to nationals of origin on both sides, and the acquisition costs nothing of what is held. Where it differs from its neighbours is the law that governs afterwards: not the country you live in but the country that granted the new nationality, with work and social security taken out and left to the place the work is done. The treaty says in terms that a person may never be subject to both legal systems at once.

Both Nationalities, Switched On by Registration

Spaniards and Nicaraguans may acquire each other's nationality without losing their own, and people who became Spanish or Nicaraguan by naturalisation cannot use the treaty at all. Registration is what switches it on: from the date of registration the person has the full legal status of a national. Passports, diplomatic protection and civil and political rights follow the law of the country of domicile.

Nationality by Settling, and Only One of Them Counts Inside Each Country

The only one of the twelve where the nationality is acquired by the fact of settling. Establishing domicile, declaring the wish to acquire, and registering is the whole mechanism. The treaty then says something the others do not: inside its own territory each Party recognises only its own nationality. And it allows passports and identity documents from either state, or from both at the same time.

Both Nationalities, Unless You Became Spanish or Bolivian by Naturalisation

Spaniards and Bolivians may hold both, unless they became Spanish or Bolivian by naturalisation, in which case article 1 shuts them out. Registration in the civil registry of the country granting the nationality is what gives the full legal status of a national, and from then on the law of the country of domicile governs the passport, diplomatic protection, civil and political rights, and work and social security.

Both Nationalities, and Naturalised Citizens Are Shut Out by Name

A Spaniard may become Ecuadorian and an Ecuadorian Spanish without giving anything up, provided neither acquired their nationality by naturalisation - the treaty excludes that case in article 1. Afterwards the law of the country that granted the new nationality governs the passport, diplomatic protection and the exercise of civil and political rights.

Both Nationalities, With Work and Social Security Left Where the Work Is

Written for nationals of origin on both sides, with no loss of the nationality held. The rights the treaty transfers run from the date of registration and are governed by the law of the country that granted the new nationality. Work and social security are carved out and follow the place the work is done, and the exercise of offices, professions and trades follows the law of the country where they are exercised.

Both Nationalities, Governed by Where You Are Domiciled

A treaty rather than a convention in its own title, and otherwise the familiar shape: Spaniards and Hondurans may hold both, people who became Spanish or Honduran by naturalisation cannot use it, and registration gives the full legal status of a national. Passports, diplomatic protection and the exercise of civil and political rights follow the law of the country of domicile.

Both Nationalities From the Date of Registration

Spaniards and Dominicans may acquire each other's nationality without losing their own. From the date of registration the person has the full legal status of a national, and the law of the country that granted the new nationality governs the passport, diplomatic protection and civil and political rights, with work and social security following the place of work instead.

Both Nationalities, One of Them Suspended

The one that does not give you two working nationalities. A Spaniard and an Argentine of origin may acquire the other's nationality and keep their own, but article 1 says the previous nationality is kept with the exercise of its rights suspended, and that the person is subject to the law of the country that granted the new nationality and never to both at once. What is preserved is the status, not its use.

Two Years of Domicile First, and the Domicile Decides Afterwards

The newest of the twelve and the only one with a waiting period in the treaty itself: two years of domicile in the other state before the nationality may be acquired, and the whole arrangement subject to reciprocity on that period and on the essential requirements. From registration the person is a national of the state of the new domicile. Moving domicile back revives the rights and duties of the former nationality, and the move must be declared.