DUAL NATIONALITY in SPAIN (for US natives)...RENOUNCE US Citizenship?!

nj_bcn · 2013-11-22T12:32:07+01:00

So, I just reached the final step in the 6-year process of being approved for Spanish nationality. I was filling out the online form to attend the "sworn oath" and when I reached the last of 4 steps, the button that says something like "I renounce my current nationality" and there is a YES / NO button choice, I saw that the "NO" button was disactivated ... I couldn't choose anything but "YES" ... so, before I clicked, I called .... It turns out that there is no "convenio" (agreement) between Spain and the USA for dual nationality, (just like I learned for my driver's license and my university credits for my degrees) and hence the Spanish gov't requires you to renounce your US citizenship to acquire Spanish nationality. So I called the US Embassy who passed me to the US Consulate in Barcelona where they informed me that "There is no law that prohibits US citizens from acquiring other nationalities ... and in order to renounce or abandon US nationality, one must enter the Embassy and state/claim that their wish is such." ... They went on to assure me that the "renunciation" on Spanish soil is only valid, in the eyes of the US gov't, in Spain ... and until a US citizen expressly renounces his/her citizenship in person and with that expressed intent WITHIN the setting of the US (Embassy/Consulate, etc) he/she remains a US citizen with all of his/her rights, privelages and obligations. So ... I was wondering if anyone had any experience with this ... or if they've gone through the process ... My little sister told me right away, "DON'T DO IT! WHAT IF LAWS CHANGE IN THE FUTURE AND YOU'RE STRIPPED OF YOUR US CITIZENSHIP FOR HAVING RENOUNCED IT IN SPAIN!!!" I'm a little freaked by it ... and want to know if anyone has, perhaps, seeked legal advice on this one ... even though the people at the Consulate were more than assuring that it's just a legal formality. Note: My sister is residing in Italy where they don't require you to renounce your nationality. 2nd Note: My children both have dual nationality, but that is because they were "born involuntarily" into the situation and THEY did not choose ... hence, they don't have to choose nor renounce. I hope to hear from you all ....

Last activity 27 May 2021 by RichardCR

30633 Views

42 replies

Post new topic

dennislgActive member30 January 2021 01:23:24

#41

The following is the US position on dual citizenship/retaining US citizenship. You can only renounce your US citizenship if you tell the US directly. See excerpts below.

Administrative Presumption of Intent to Retain U.S. Citizenship
…The Department has adopted an administrative presumption that U.S. nationals intend to retain United States nationality when they: obtain naturalization in a foreign state (INA 349 (a)(1)); declare their allegiance to a foreign state (INA 349(a)(2)); … In accordance with the administrative presumption, when an individual commits one of the foregoing acts, that person will retain U.S. nationality unless he or she affirmatively, explicitly, and unequivocally asserts an intention to relinquish such nationality.

Disposition of Cases when Administrative Presumption is Applicable
When, as the result of an individual's inquiry or an individual's application for a passport it comes to the attention of a U.S. consular officer that a U.S. national has performed an act made potentially expatriating …, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. nationality when performing the act. If the answer is no, the consular officer will record that it was not the person's intent to relinquish U.S. nationality and, consequently, find that the person has retained U.S. nationality.

Reference: https://travel.state.gov/content/travel … ality.html

Bradford FieldingMember30 January 2021 05:47:38

#42

Good Morning, I have been in and out of Spain, since 1957, I asked about girt ting a Spanish residenica, and was told, I could loose everything I had in the states ! But then a friend of mine who worked in the U.S. Embassy, said " the more passports. You have the better off you are ".

RichardCRMember27 May 2021 22:41:18

#43

I would side with your sister and recommend against it. I honestly don’t think you will jeopardize your US citizenship but if the Spanish authorities catch wind, they will pull your Spanish citizenship and you’ll be back to square one. The Spanish citizenship as far as I can tell only gives you the right to vote and a Spanish passport. Seems as though you’re perfectly well off with a Spanish long-term residency visa

Articles to help you in your expat project in Spain

Getting married in Spain
Congratulations! You have found the partner of your dreams and want to get married in Spain. And why not? The ...
Traveling to Spain
You're thinking about a new life abroad and all the opportunities it can bring, but before you relocate ...
Customs in Spain
Before traveling to Spain for your new life abroad, you will need to be aware of the country's ...
Working in Tenerife
Are you looking for a job in Tenerife? While there are certainly opportunities, especially for fluent Spanish ...
Internet in Spain
Whether for work or play or keeping in touch with friends and relatives abroad, getting online will most likely be ...
Working in the Canary Islands
The Canary Islands is Spain's southernmost autonomous community, an archipelago in the Atlantic Ocean, more ...
Popular neighbourhoods in Seville
Once you have decided to make the beautiful city of Seville your home, the next order of business is finding a ...
Accommodation in Madrid
Madrid, the bustling capital of Spain, is a popular destination for thousands of expatriates each year. With its ...