British Expats

British Expats (https://britishexpats.com/forum/)
-   Spain (https://britishexpats.com/forum/spain-75/)
-   -   dual nationality uk spanish (https://britishexpats.com/forum/spain-75/dual-nationality-uk-spanish-883457/)

swinbc Sep 17th 2016 3:05 pm

dual nationality uk spanish
 
I am hearing that a large number of UK expats are applying for dual nationality ie uk spanish before Brexit is implemented. I understand that if you have been officially resident in Spain for a min of 10 yrs then you qualify to apply.
What are the pros and cons of taking dual nationality and how will this benefit expats after Brexit?

BritInParis Sep 17th 2016 3:30 pm

Re: dual nationality uk spanish
 
Providing Spain remains an EU country then naturalising as a Spanish citizen would mean that any British citizen would continue to hold EU citizenship after Brexit with all its attendant benefits. It would also guarantee their ability to remain in Spain regardless of the outcome of the negotiations. How desirable this is will depend entirely on the negotiated settlement between the UK and the EU after the triggering of Article 50 of the Lisbon Treaty but by becoming a Spanish citizen you would guarantee that your Spanish residency would be unaffected by Brexit.

Kwtsh Sep 17th 2016 3:54 pm

Re: dual nationality uk spanish
 

Originally Posted by BritInParis (Post 12054849)
Providing Spain remains an EU country then naturalising as a Spanish citizen would mean that any British citizen would continue to hold EU citizenship after Brexit with all its attendant benefits. It would also guarantee their ability to remain in Spain regardless of the outcome of the negotiations. How desirable this is will depend entirely on the negotiated settlement between the UK and the EU after the triggering of Article 50 of the Lisbon Treaty but by becoming a Spanish citizen you would guarantee that your Spanish residency would be unaffected by Brexit.

Sure, but as Spain dos not allow multiple citizenships the OP would need to give up their UK citizenship and any associated benefits. So it may work for some, but not for others.

BritInParis Sep 17th 2016 4:09 pm

Re: dual nationality uk spanish
 

Originally Posted by Kwtsh (Post 12054860)
Sure, but as Spain dos not allow multiple citizenships the OP would need to give up their UK citizenship and any associated benefits. So it may work for some, but not for others.

The Spanish government requires you to 'renounce' your previous citizenship when applying to become a Spanish citizen but since this has no legal bearing on British nationality law you are able to retain your British citizenship.

Kwtsh Sep 17th 2016 4:27 pm

Re: dual nationality uk spanish
 

Originally Posted by BritInParis (Post 12054867)
The Spanish government requires you to 'renounce' your previous citizenship when applying to become a Spanish citizen but since this has no legal bearing on British nationality law you are able to retain your British citizenship.

In which case, if you haven't renounced your original citizenship surely you won't get a Spanish one? There is a process to renounce UK citizenship. https://www.gov.uk/renounce-british-nationality/overview and th OP may be interested to see a petition to allow dual Spanish and UK citizenships.

https://www.change.org/p/dual-nationality-for-brits-who-have-resided-in-spain-for-more-than-10-years

snikpoh Sep 17th 2016 4:32 pm

Re: dual nationality uk spanish
 

Originally Posted by Kwtsh (Post 12054878)
In which case, if you haven't renounced your original citizenship surely you won't get a Spanish one? There is a process to renounce UK citizenship. https://www.gov.uk/renounce-british-...ality/overview and th OP may be interested to see a petition to allow dual Spanish and UK citizenships.

https://www.change.org/p/dual-nation...-than-10-years

You renounce your UK citizenship and give up your passport (sometimes). This is then sent to the authorities in UK who promptly send it back to you!

It's really not an issue.


The more pressing issue is that you will need a reasonable level of Spanish and Spanish history in order to pass the required tests.

Kwtsh Sep 17th 2016 4:40 pm

Re: dual nationality uk spanish
 
What I'm starting to appreciate is the difference between renouncing the UK citizenship to the Spanish authorities (which the UK doesn't recognize) and renouncing UK citizenship to the UK home office. I wonder if or how this situation will be affected by Brexit?

I believe it's technically illegal in Spain to hold a UK passport (as well as Spanish). So when traveling to post Brexit UK presumably people would try using their UK passport, but then they'd use their Spanish one to return home. A quick search coming back into the EU turning up two passports is certainly a problem.


Spaniards in the UK of course can get dual nationality after 5 years.

BritInParis Sep 17th 2016 4:56 pm

Re: dual nationality uk spanish
 
You can renounce your British citizenship by making an application to the Home Office. This is the only way, other than the Home Secretary taking your citizenship from you, that you can lose your British citizenship. Any renunciation made in front of a Spanish official to satisfy the requirements for becoming a Spanish citizen has zero legal effect on your British citizenship.

It's not illegal to concurrently hold a British and a Spanish passport. Many Spaniards hold dual nationality through birth or descent and thus are entitled to hold two or more passports. Likewise there is no problem carrying two passports whilst travelling internationally.

KieronF Sep 17th 2016 5:09 pm

Re: dual nationality uk spanish
 
I think some are confusing nationality with citizenship. You can hold dual citizenship without any problem, for example I hold both a British passport and (through my mother's birth right), an Irish passport. Being a citizen of the Irish Republic means I am, and will remain beyond Brexit, a European citizen

BritInParis Sep 17th 2016 5:26 pm

Re: dual nationality uk spanish
 

Originally Posted by KieronF (Post 12054901)
I think some are confusing nationality with citizenship. You can hold dual citizenship without any problem, for example I hold both a British passport and (through my mother's birth right), an Irish passport. Being a citizen of the Irish Republic means I am, and will remain beyond Brexit, a European citizen

Whilst some countries' legal systems make a distinction, for the purposes of this thread, the terms are interchangeable. Whether dual citizenship is permitted depends on an individual country's citizenship laws. Whilst both the UK and the Republic of Ireland permit unrestricted dual citizenship this is not true for every country.

Tadd1966 Sep 18th 2016 8:02 am

Re: dual nationality uk spanish
 

Originally Posted by BritInParis (Post 12054910)
Whilst some countries' legal systems make a distinction, for the purposes of this thread, the terms are interchangeable. Whether dual citizenship is permitted depends on an individual country's citizenship laws. Whilst both the UK and the Republic of Ireland permit unrestricted dual citizenship this is not true for every country.

Correct

Remember to obtain Spanish citizenship you have to have lived in Spain for 10 years officially, pass tests for Spanish language, history etc. and have sponsors who effectivey vouch for you who have to be Spanish

spainrico Sep 19th 2016 7:25 am

Re: dual nationality uk spanish
 
To renounce British Citizenship or Nationality:

https://www.gov.uk/renounce-british-...ality/overview

I hear there is a 2 year wait to get through the Spanish application, although maybe it varies by region.

This from Pellicer&Heredia Spanish abogados in Alicante:
'Yes, there are currently two written tests that you must pass in order to obtain Spanish nationality:

One of the exams consists of a Spanish Constitutional and Socio-Cultural Knowledge test (CCSE). You are required to answer 60% of the questions correctly to pass this exam. There are Constitutional and Socio-Cultural knowledge exams available online.

The other exam is a Spanish language test (DELE A2). This exam consists of a four part written test, an oral or speaking test, a hearing test and a comprehension test. You are required to pass 60% of the test in order to pass.'

scot47 Sep 19th 2016 7:40 am

Re: dual nationality uk spanish
 
The terms "nationality" and "citizenship" are distinct in most countries influenced by the Napoleonic Code. The first has a meaning akin to "ethnicity" and the second "what passport you hold"

Loafing Along Sep 19th 2016 11:57 am

Re: dual nationality uk spanish
 

Originally Posted by spainrico (Post 12055978)
To renounce British Citizenship or Nationality:

https://www.gov.uk/renounce-british-...ality/overview

I hear there is a 2 year wait to get through the Spanish application, although maybe it varies by region.

This from Pellicer&Heredia Spanish abogados in Alicante:
'Yes, there are currently two written tests that you must pass in order to obtain Spanish nationality:

One of the exams consists of a Spanish Constitutional and Socio-Cultural Knowledge test (CCSE). You are required to answer 60% of the questions correctly to pass this exam. There are Constitutional and Socio-Cultural knowledge exams available online.

The other exam is a Spanish language test (DELE A2). This exam consists of a four part written test, an oral or speaking test, a hearing test and a comprehension test. You are required to pass 60% of the test in order to pass.'

Yes it takes about two years, well that is the time it took my wife to do her procedure in Andalucia. As well as the exams there is a need to provide financial data, confirmed sources of income and similar. Also you need a Spanish address to which they can mail the appointments .Well worth spending some money on a good gestoria, they will manage the process and even help "queue-jumping" when you go for your interview with the judge who oversees the process. Be prepared as well with details of family ancestry, they will need to select the right surnames, one on paternal side one on maternal side.

spainrico Sep 19th 2016 1:33 pm

Re: dual nationality uk spanish
 
So, without wishing to directly pry into your affairs, what made your wife go through the process, I think many people are interested but still unsure of pros/cons.

Loafing Along Sep 19th 2016 1:44 pm

Re: dual nationality uk spanish
 

Originally Posted by spainrico (Post 12056207)
So, without wishing to directly pry into your affairs, what made your wife go through the process, I think many people are interested but still unsure of pros/cons.

My wife is Brazilian and was fed up with the extra complications when we travelled anywhere in Europe, dealing with local administration and so on. Yes she has maintained her Brazilian passport.

spainrico Sep 19th 2016 1:47 pm

Re: dual nationality uk spanish
 
OK thanks, yes must make good sense for her.

Boseley Sep 20th 2016 5:28 pm

Re: dual nationality uk spanish
 
I have this year been granted Spanish nationality. I applied before the exams became necessary, the time span was almost three years.

I needed certified and officially translated original : Birth, Marriage certificates, Criminal records check.

Proof of income, home address, 10 years resident.

I did not have to go in front of a judge, I renounced my nationality by signing a paper, at no time was my passport mentioned.

I have been issued with a new D.N.I. and now have two surnames.

The reason for obtaining nationality was that over three years ago, I anticipated the U.K. exit from Europe and wanted to safeguard my interests here where I live.

spainrico Sep 20th 2016 5:43 pm

Re: dual nationality uk spanish
 
Interesting, well done and beat the exam! So, you mention DNI - you have a DNI card the same as a Spaniard?

Gozit Sep 20th 2016 5:53 pm

Re: dual nationality uk spanish
 

Originally Posted by Boseley (Post 12057208)
I have this year been granted Spanish nationality. I applied before the exams became necessary, the time span was almost three years.

I needed certified and officially translated original : Birth, Marriage certificates, Criminal records check.

Proof of income, home address, 10 years resident.

I did not have to go in front of a judge, I renounced my nationality by signing a paper, at no time was my passport mentioned.

I have been issued with a new D.N.I. and now have two surnames.

The reason for obtaining nationality was that over three years ago, I anticipated the U.K. exit from Europe and wanted to safeguard my interests here where I live.

And you have still kept your British citizenship correct? They didn't make you renounce it infront of the British consul??

I'll just reiterate that renouncing your British citizenship to Spanish authorities does NOT relinquish your British citizenship as far as the UK is concerned. You are still a dual citizen. The only way to renounce your UK citizenship is to the UK authorities.

Gozit Sep 20th 2016 5:53 pm

Re: dual nationality uk spanish
 

Originally Posted by spainrico (Post 12057226)
Interesting, well done and beat the exam! So, you mention DNI - you have a DNI card the same as a Spaniard?

Well he would be a Spaniard now, so yes.

Boseley Sep 20th 2016 6:39 pm

Re: dual nationality uk spanish
 

Originally Posted by spainrico (Post 12057226)
Interesting, well done and beat the exam! So, you mention DNI - you have a DNI card the same as a Spaniard?

Yes, just the same, and I used it to enter the country yesterday.

Boseley Sep 20th 2016 6:44 pm

Re: dual nationality uk spanish
 

Originally Posted by Gozit (Post 12057238)
And you have still kept your British citizenship correct? They didn't make you renounce it infront of the British consul??

The renunciation was on paper, no consul here, so no.

In the eyes of the Spanish authorities I am now Spanish, in the eyes of the U.K. authorities I have dual nationality.

I shall apply soon for a Spanish passport.

spainrico Sep 20th 2016 6:49 pm

Re: dual nationality uk spanish
 
Impressed!

Gozit Sep 20th 2016 8:52 pm

Re: dual nationality uk spanish
 

Originally Posted by Boseley (Post 12057267)
The renunciation was on paper, no consul here, so no.

In the eyes of the Spanish authorities I am now Spanish, in the eyes of the U.K. authorities I have dual nationality.

I shall apply soon for a Spanish passport.

Cool... Cheers.:cool:

Rosemary Sep 26th 2016 9:51 am

Re: dual nationality uk spanish
 
One thing to remember if you are going for Spanish nationality is that your last will and testament would then be under Spanish rules not English rules.

I was seriously thinking about going ahead with it all until I found this out and it is very necessary for me to have English rules applying to my will due to the way that my money has already been distributed to certain family members.

Rosemary

Fred James Sep 26th 2016 10:04 am

Re: dual nationality uk spanish
 
What happens about the compulsory new names (or is that optional?). I can see that changing from your British names to the new Spanish names could be a bureaucratic nightmare! Presumably they would now apply in the UK - or would they?

snikpoh Sep 26th 2016 10:07 am

Re: dual nationality uk spanish
 

Originally Posted by Fred James (Post 12061643)
What happens about the compulsory new names (or is that optional?). I can see that changing from your British names to the new Spanish names could be a bureaucratic nightmare! Presumably they would now apply in the UK - or would they?

Surely it's not an issue.

For example Fred James will be asked for a second surname so he may choose to be known as Fred James Vidal (for example). However, everyone (including the Spanish) will always refer to him as Fred James as that's his primary and main surname.


For legal documents, is it the case that one must always use both surnames?

Fred James Sep 26th 2016 10:15 am

Re: dual nationality uk spanish
 
For the wife, it's not so simple as she will now be using her father's name as her first surname.

snikpoh Sep 26th 2016 10:44 am

Re: dual nationality uk spanish
 

Originally Posted by Fred James (Post 12061648)
For the wife, it's not so simple as she will now be using her father's name as her first surname.

But I thought you could choose the names?

My Father has changed his name by deed poll so what would happen then - his name now or his name when the person was born?

Fred James Sep 26th 2016 11:04 am

Re: dual nationality uk spanish
 
As I said, it could be a bureaucratic nightmare! Has anyone gone through the process?

Loafing Along Sep 26th 2016 2:40 pm

Re: dual nationality uk spanish
 

Originally Posted by Fred James (Post 12061690)
As I said, it could be a bureaucratic nightmare! Has anyone gone through the process?

My wife got in a big discussion with the judge when she was granted Spanish nationality as her NIE had my surname , solid Brit so only one. That had to go, then her father's surname , easy as step one, next problem, her mother had adopted her husband's surname, that had to go ... Search up family tree until paternal grandfather on mother's side was decided by judge as right second surname to use. Now my wife copes with three surname options depending on country, age of documentation and so on. Some day we are going have to get married again as her maaried surname no longer exists for her .....:confused:

Boseley Sep 26th 2016 4:21 pm

Re: dual nationality uk spanish
 

Originally Posted by Fred James (Post 12061643)
What happens about the compulsory new names (or is that optional?). I can see that changing from your British names to the new Spanish names could be a bureaucratic nightmare! Presumably they would now apply in the UK - or would they?

My U.K. passport has my single fathers surname, same for banks etc., all things here had to be changed, banks, medical, utilities etc., however it had all been done before for previous applicants, so it was not a big deal. I just went with the flow, and the visiting Policia National made the decisions.

Never saw a Judge at all.


All times are GMT. The time now is 10:38 am.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.