Question
I can apply for Citizenship by my father being a Spaniard, I am seeing if I can move to Spain next year, still have to sell my house here in the U.S. I’m wondering do I have to wait until I move to apply? I read somewhere there is no dual citizenship.
Answers
These are the answers of Spainguru’s Facebook group members:
“Consult a lawyer! My understanding is that if your parent is Spanish, then the rule against dual nationality doesn’t necessarily apply, if you had both nationalities due to birth (that is, you didn’t seek to acquire a new nationality that you weren’t already entitled to by law).”
“You can apply from the consulate where you are.”
“I have both [American and Spanish citizenship] and no, you can’t do it from Spain. It must be done in the consulate before you move.”
“Miami is supposed to be one of the fastest and easiest consulates to work with.”
“There are lots of dual citizens. It’s not a problem.”
“The US doesn’t care who you get a second citizenship from. At all. Spain is who does not recognize dual citizenship with the US. To obtain Spanish citizenship you will have to sign something that says you’ll denounce your US citizenship. On a technical level you could decide not to, but it’s lying. As Europe is becoming more and more digital, it’s a bad idea.”
“Check with a Spanish lawyer. My understanding (based on what Spanish friends have told me) is that under Franco, a Spaniard who lived abroad and decided to file for his/her country of adoption’s citizenship would automatically lose his/her Spanish citizenship (that was intended to stop Spaniards who fled the Franco dictatorship to vote in Spanish elections).
But since Franco died (1974) and since Spain is now in the EU, Spaniards are allowed to have dual citizenship.”
Conclusion
The discussion highlights that applying for Spanish citizenship through descent can be initiated at a consulate outside of Spain, particularly if dual nationality might be applicable by birth.
It’s important to consult with an immigration lawyer to understand the specific legal nuances, especially concerning dual citizenship with the US.
