I am British. Can I still get a Spanish passport?

I have connections with Spain. Can I apply for a Spanish Passport so I can keep my European status in the event of a potential hard-brexit?

Claudia Font
Claudia Font
Antonio Guillen
Antonio Guillen

 

 

 

 

 

 

 

 

 

Now that Brexit has been implemented, some British citizens with connections with other European countries are considering applying for dual citizenship (nationality) in those countries to which they have a close connection (whether is by blood or marriage), so they can keep a European passport.

We will briefly explain in this article how British citizens with connections with Spain can apply for a Spanish passport. You will note that not everyone with links in Spain qualifies automatically for a Spanish passport. However, there are numerous cases where a Spanish passport can be obtained.

See below a summary of the most common questions that our clients have been asking to us after Brexit in this regard:

I have a property in Spain, and I spend my holidays there with my family. Can I apply for Spanish Passport?

NO. Owning property and spending holidays in Spain, even if you have been doing so for a long time, will not allow you to apply for Spanish citizenship.

My partner is Spanish. Can I apply for a Spanish Passport?

NO/YES. Being married to a Spanish citizen, even if you have children together, does not entitle you to become a Spanish national. However, if you are resident in Spain, have been living in Spain, legally and continually, for the last twelve months, and you are married to a Spanish citizen, then you are entitled to apply for Spanish citizenship.

I am currently living in Spain. I am retired and moved to Spain some years ago.

NO/YES. The residence is one way to be able to apply for Spanish passport. However, there is a limitation period of 10 years. If you have been living in Spain, legally and continually, for the last ten years, then you are entitled to apply for Spanish citizenship.

There are some exceptions that may allow you to apply before the end of the 10 years period. A Spanish lawyer, or ourselves if you do not have one, should be able to advise whether some of the exceptions to the rule will apply to your case.

 

My parents are/were Spanish but I am British and I don’t have Spanish Passport. Can I apply for it?

YES. If your father or mother are/were Spanish but you do not have a Spanish passport because you were born in the UK and they did not register your birth in Spain, you can still apply for a Spanish passport.

If your father is/was Spanish you could be considered Spanish by origin, although you might have lost your nationality, therefore, you will need to apply for the recovery of your Spanish nationality.

If you are the child of a Spanish mother and you were born before October 1978, you can opt for Spanish nationality.

Please note that every case should be studied and considered separately as the facts may vary the type of application.

At present, current laws in the UK allow British citizens to be British and to have a passport of certain countries. Dual citizenship is therefore allowed in the UK in certain cases, such as with Spain. However, the United Kingdom and Spain do not have a dual citizenship agreement, and Spain may ask you to renounce to your British nationality when making the application. This does not mean necessarily that you will lose your British citizenship, so we strongly recommend contacting a Spanish lawyer for further advise on the implications.

 

How should I proceed if I am entitled to apply for Spanish citizenship?

You can see the legal requirements to apply for Spanish nationality on the Spanish Government website (www.mjusticia.gob.es) or contact the Spanish Embassy or Consulates in the UK (www.exteriores.gob.es). Doing the process yourself is free so you only will need to pay some taxes and stamp duty.

You can also contact a Spanish lawyer to assist you with the procedure. The Spanish desk of Gunnercooke www.gunnercooke.com provides a tailored service for this type of matters.

Claudia Font & Antonio Guillen

Spanish Desk

Gunnercooke LLP

 

 

 

 

 

 

 

PRACTICAL CASE:

I NEED TO APPLY FOR A SPANISH NATIONALITY FOR MY CHILD WHO LIVES IN PAKISTAN. HOW CAN I DO IT?

At Gunnercooke LLP we have seen a noticeable amount of enquiries from Spanish-Pakistani families where one of the members of the family is Spanish and the other one is usually from Pakistan (or another country). In most of those cases, the family lives in the UK and has a son or a daughter abroad (either in Spain or in Pakistan) waiting to obtain a Spanish nationality in order to reunite with the family.

The normal practice is for the parents of the child to apply for the minor´s Spanish nationality at the Police station in Spain or at the relevant Consulate abroad (for instance Islamabad). However, very often the minor lives abroad (Spain or Pakistan) and the parents cannot travel abroad because they are working in the UK. In those cases, one of the parents or a third person can apply for the minor´s nationality by way of a notarial power of attorney.

See below the possible scenarios and their solution:

A.- Parents and minor living in Spain.- They can apply for the minor´s Spanish nationality at the local Police Station.

B.- Parents and minor living in Pakistan.- They can apply for the minor´s Spanish nationality at the Spanish Consulate in Islamabad.

C.- Parents and minor living in the UK.- They can apply for the minor´s Spanish nationality at the Spanish Consulates in London and Edinburgh.

D.- Parents living in the UK and the minor living in Spain with relatives.- The parents can grant power of attorney to each other to apply for the minor´s nationality in Spain or alternatively, grant power of attorney to a third person to enable him/her to apply for the minor´s nationality in Spain.

E.- Parents living in the UK and the minor living in Pakistan with relatives.- The parents can grant power of attorney to each other to apply for the minor´s nationality in Pakistan or alternatively, grant power of attorney to a third person to enable him/her to apply for the minor´s nationality in Pakistan.

 

It is therefore possible to find a solution in scenarios D and E. The Spanish desk at Gunnercooke LLP has experience in drafting the necessary powers of attorney to enable one of the parents or a third person to apply for the minor´s nationality at the country where the minors is residing.

Obviously, our expertise is restricted to drafting the power of attorney. We do not advise on Spanish nationality applications but we can certainly help with the power of attorney and save the families the hassle of having to fly to the relevant country when their normal life is taking place in the UK.

For further information please contact

Antonio.guillen@gunnercooke.com

07872808598