Introduction
The issue of dual citizenship between the United States and Spain is a complex one. Unlike other countries, such as the Dominican Republic, where dual nationality is officially recognized, there is no formal recognition of dual nationality between the United States and Spain.
This means that if you acquire the nationality of one of these countries and it is not recognized as dual nationality by the other, you must take certain steps to retain your original nationality.
Conservation of nationality
In the case of Spain, if you acquire a nationality other than Spanish, you must go to the corresponding Spanish consulate within three years of acquiring the new nationality, for example, American.
At the Spanish consulate, you must sign a document known as ” Retention of Spanish Nationality ,” in which you express your desire to retain Spanish nationality, effectively renouncing your foreign nationality for the purposes of the Spanish administration.
In the United States, however, the situation is different. The country places no restrictions on holding another nationality, but you will still be considered a US citizen unless you expressly renounce that nationality.
Additionally, as a U.S. citizen, you are required to file your annual tax return regardless of where you live, even if it’s in Spain .
This legal situation, which could soon change, has allowed many people to hold passports from both countries, although this does not necessarily imply dual nationality.
In short, it is recommended to use a U.S. passport in most situations, and to reserve a Spanish passport only for crossing the European or Spanish border at entry airports. Even when checking bags at a Spanish airport, it is advisable to use a U.S. passport. A Spanish passport should only be presented when requested by a European or Spanish immigration officer.
In practice, many Spaniards in the United States do not sign the nationality retention document at the consulate, as they can renew their Spanish passport without any major issues, thus omitting their US nationality.
Although consular officials are required by law to verify the nationality of those applying for passport renewal, they do not always do so rigorously, allowing some Spaniards to avoid the issue of their US nationality.
Are you an American interested in obtaining Spanish nationality?
If you don’t yet have Spanish nationality but are interested in obtaining it, you can acquire it through residency. For nationals of Ibero-American countries, the Philippines, Equatorial Guinea, Andorra, or people of Sephardic origin, the legal period is reduced to just two years of legal and continuous residency in Spain .
There are several ways to legally reside in Spain. Among the most commonly used by American citizens are the digital nomad visa and the non-profit residence visa .
If you’d like to learn more about these options, we’ve provided the corresponding detailed articles here:
