SPANISH AND FRENCH NATIONALS MAY HAVE DUAL NATIONALITY.
On March 29, 2022, the Nationality Agreement between the Kingdom of Spain and the French Republic was published in the Spanish Official Gazette (B.O.E.). It entered into force on April 1, 2022, and will be fully effective in both legal systems.
To whom does this Nationality Agreement between the Kingdom of Spain and the French Republic apply?Spanish citizens residing in France and French citizens residing in Spain may acquire the nationality of the country in question without renouncing their nationality of origin. It should be borne in mind that Art. 3 of the aforementioned Convention reflects its retroactive effects, stipulating that those citizens who have had to renounce their nationality of origin automatically - before the validity of the present Convention - may avail themselves of their right to recover their nationality of origin from the moment they request it.
Will the Hispanic authorities demand requirements different from those ordinarily contemplated for the acquisition of Spanish nationality by residence?Despite the exceptional nature and the great progress made by the Kingdom of Spain with the present Nationality Agreement with the French Republic, this does not mean that the procedure for acquiring Spanish nationality will be modified or made more flexible as far as its requirements are concerned.
In relation to the above, French citizens residing in Spain must prove a legal, continuous and immediate residence, prior to the application, for a period of not less than 10 years in Spanish territory; among other additional requirements. Likewise, the good civic conduct of the applicant and his or her degree of integration in Spanish society must be justified, as indicated in the Spanish Civil Code.
What type of recovery procedure should be followed by Spanish citizens residing in France who have had to renounce their nationality of origin?By virtue of the Instruction of March 31, 2022, of the General Directorate of Legal Security and Public Faith, by which the criteria for the application of the nationality agreement between the Kingdom of Spain and the French Republic are agreed upon (hereinafter, Instruction of 31/03/2022); Spaniards whose nationality of origin they have had to renounce due to acquiring French nationality must take into account the following:
- The temporary requirement of residence in Spanish territory will not be mandatory.
- A Declaration of the applicant must be made, before the Civil Registrar or before a Notary Public, in which the applicant's will to recover the Spanish nationality is emphasized.
- Documentary accreditation of his previous condition as a Spanish national and of his current status as a French national.
- Depending on the mechanism used to obtain the certificate of manifestations of the interested party, prove the domicile of the latter in one or the other place.
As regards the authorities and/or bodies competent for the processing of the recovery of Spanish nationality, in accordance with the Instruction of 31/03/2022, it is advisable to bear in mind the Instruction of 16 September 2021, of the Directorate General for Legal Security and Public Faith regarding the DICIREG computer application in the various Civil Registries, on the occasion of the present coexistence of application management procedures present in the competent offices.
If you would like more information on the new regulations applied in Spain on dual nationality between France and Spain, Expatfeliu can help you to solve all your doubts.