The question almost always comes in the first five minutes of a consultation, often with a passport already on the table: “If I become Spanish, do I have to give this one up?”
The honest answer depends on which passport it is. For some nationalities, Spain allows you to keep both without conditions. For others, Spanish law asks you to declare that you renounce, and what that means in practice depends on your own country’s rules.
Who Can Keep Both Nationalities?
Article 24 of the Spanish Civil Code protects a specific group of countries with historical ties to Spain. Nationals of these countries do not have to renounce when they become Spanish.
Keep your nationality
Ibero-American countriesMexico, Colombia, Argentina, Brazil, Peru, Venezuela and the rest of Latin America OthersAndorra, the Philippines, Equatorial Guinea and Portugal AlsoSephardic Jews of Spanish origin, and France under the 2021 conventionDeclaration of renunciation
WhoMost other nationalities, including the US, UK, Canada, Australia, India and China What Spain asksA declaration, when you swear allegiance, that you renounce your previous nationality Key pointIts effect abroad depends on your own country’s lawThis is where most online advice gets it wrong. Spain asks for the declaration, but many countries, including the United States, do not treat a renunciation made before a Spanish official as automatically ending your original citizenship. Check your own country’s rules before you assume either way.
How Long Do You Need to Live in Spain?
Most people become Spanish by residence. The years required change dramatically depending on your nationality and your situation (article 22 of the Civil Code).
Years of Legal Residence Required
Legal, continuous residence immediately before applying
The residence must be legal, continuous and immediately before the application. Long trips abroad can break it, which is why we always check travel history first.
Two Real-Life Scenarios
Example
Valentina, from Colombia, has lived legally in Madrid for two years on a work permit. She can apply now, keeps her Colombian passport, and does not need the DELE language exam because Spanish is her native language.
Example
James, from Texas, has been married to a Spaniard for a year and lives with her in Valencia. He qualifies after just one year of residence. At the oath he will declare that he renounces his US citizenship, so he checks first how the US treats that declaration.
Other Routes to Spanish Nationality
- By origin: if your father or mother is Spanish, you may already be Spanish without knowing it
- By option: for people who were under the legal authority of a Spanish parent, among other cases
- Grandparents: the Democratic Memory Law window closed on 22 October 2025, but a grandparent who was Spanish by origin can still reduce the residence needed to one year
What the Application Requires
- DELE A2 language examNot required if you are a national of a Spanish-speaking country.
- CCSE culture examA test on the Constitution and Spanish society, run by the Instituto Cervantes.
- DocumentsBirth certificate and criminal record certificates, apostilled and translated.
- Fee of €104.05Form 790, code 026, paid before filing online.
- Oath and registrationAfter approval, you swear allegiance and register at the Civil Registry. Only then are you Spanish.
What Dual Nationality Gives You
- A Spanish and EU passport: live and work anywhere in the European Union
- No more residence renewals or TIE appointments
- The right to vote in Spanish and European elections
- Easier paths for your children to become Spanish
Why the Process Is Harder Than It Looks
- Counting years on a student or tourist stay that may not count as the residence the law requires.
- Applying after long absences that break continuous residence.
- Assuming the renunciation does or does not affect your original passport without checking your country’s law.
- Filing expired criminal record certificates or documents without apostille.
- Letting the 180 days after approval pass without taking the oath, which makes the grant lapse.
Back to that passport on the table. Whether you keep it depends on where it is from, and that is the first thing we check. The rest is a well-built file.
Talk to a Lawyer Before You File
If you are unsure how many years you need, or what happens to your current passport, that is exactly what a consultation is for. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on articles 22 to 24 of the Spanish Civil Code, the Spain-France nationality convention of 15 March 2021 and Law 20/2022. The effect of a renunciation on your original nationality depends on that country’s law. The examples are illustrative.
