The decision arrived three months ago: Spanish nationality granted. You had already booked a date for the oath and told the whole family. Today you receive another notification from the Ministry with a word you did not expect to read: review.
Yes, a granted nationality can be lost. But not in just any way or at any time: the law distinguishes very different situations, and each one has its own defences.
Before the Oath: the Grant Is Not Yet Final
The decision granting nationality does not make you Spanish. Nationality is acquired through the oath or promise before the Civil Registry, and you have 180 days to do it: if you miss the deadline, the grant lapses (article 21.4 of the Civil Code).
In the meantime, the Administration can review its own decision if it discovers a problem:
- Through an ex officio review if the act is null and void (article 106 of Law 39/2015).
- Through a declaration of harm (lesividad) if it is voidable, within the following four years (article 107), followed by a court action.
- In practice, this usually happens when undeclared records or information come to light before the oath.
Revocation of Spanish Nationality After the Oath
Once you are registered as Spanish, the route is much stricter. Article 25.2 of the Civil Code only allows the acquisition to be annulled by a final court judgment declaring:
- Falsehood in the documents or information provided.
- Concealment of relevant facts, such as criminal records.
- Fraud in the acquisition, for example a sham marriage.
The action belongs to the Public Prosecutor and must be brought within fifteen years. Annulment does not harm third parties acting in good faith.
That is why it is so important to declare everything from the start. We review the mistakes that cause the most problems in our article on common errors.
Loss Is Not the Same as Revocation
Article 25.1 also provides for the loss of nationality for Spaniards who are not Spanish by origin in two cases:
- Using exclusively, for three years, the nationality you renounced when taking the oath.
- Voluntarily joining the armed forces or holding political office in a foreign State against the express prohibition of the Government.
How to Defend Yourself
If you receive a review notification, you have the right to submit arguments and evidence before a decision is made. Afterwards, a contentious-administrative appeal is available and, in the civil courts, a full defence against the prosecutor’s action.
Mistakes That Put Your Nationality at Risk
- Not declaring an old arrest or conviction because you think it “does not count”.
- Missing the 180 days for the oath.
- Not responding on time to the request for arguments.
- Continuing to use only the passport you renounced for years.
That notification with the word “review” does not mean all is lost. It means there is a deadline to defend yourself, and what you say and provide within it can decide the outcome.
Talk to a Lawyer Before the Deadline Expires
If you have been notified of a review or are worried about any detail in your file, we analyse your case and prepare your defence. 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 21, 23 and 25 of the Civil Code and articles 106 and 107 of Law 39/2015.
