Brit expats in Spain begin petition for dual UK-Spanish citizenship rights

Whoops, I mean I will need a passport to travel to the UK and Gib, although who knows?

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I applied for Spanish nationality in 1985, 1 year after marrying my Spanishhusband. I had to renounce my British nationality and swear allegiance to the Spanish flag, but was told by the British Consulate that I would never lose my British nationality. For some years I renewed my British passport, but now only use my D.N.I. which allows me to travel all over Europe, Gibraltar, etc., I suppose I will have to renew my Spanish passport soon to travel out of Spain, but I can do that at my local police station for a modest sum, the last time it cost me just 25€. If I do want to return to the UK I can apply for a new British passport with my birth certificate.

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The concept of Dual Nationality or the lack of it in Spanish law is a fallacy. It is the proof positive that “Little Knowledge is Dangerous”.

First and foremost, whilst the UK allows Dual Nationality this does not apply if you travel to the country of your alternative or original nationality. If you have 2 nationalities for example British and Syrian, the law is very clear. When you enter Syrian territory your British nationality is superseded by your Syrian nationality until such time as you leave Syrian territory at which time your “Nationality” is determined by the Passport you enter a 3rd country. In this scenario if you get into trouble in Syria, the British consulate (if there was one!) cannot intervene on your behalf or lend assistance since British Government assumes your Syrian (original) nationality supersedes your British nationality. Confusing, I know but that is what the British Naturalisation process and regulations specifically warns you about when you take up British nationality.

Now back into Spain. Spanish law states that “You cannot hold 2 simultaneous nationalities”. This means whilst you are within Spanish territories you cannot use 2 passports at will, nor can you use your second nationality as “Get out of Jail” card. If you are in Spain then you are Spanish for all instances such as the criminal law, civil law, inheritance, taxation, etc. In other words, you cannot have your cake and eat it.

Whilst Spanish government insists you surrender your passport, it does not (nor can it legally) force you to renounce your original nationality. Passport is means of travel and not proof of nationality. It means after your Spanish naturalisation process is finished, there is no nothing to stop you from applying for a British passport through the normal channels. However, you cannot use your British passport or nationality whilst you are in Spanish territories and you have to submit to Spanish law in all instances whilst within the territories. Once outside, you can use either your British or Spanish passport for travel, and depending on the passport you use to enter another country, you will be treated as such by the local authorities.

So folks, stop wasting your time pleading and petitioning, it will not make any difference as neither Spain nor UK is going to change it’s nationalities or naturalisation laws or processes for the sake of a few. Just apply for your Spanish nationality and afterwards reapply for your British passport if that gives you some kind of comfort blanket, but do remember it counts for naught whilst you are within Spanish territories.

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Christopher Russell GoodallJuly 12, 2016 at 12:18 pm

Well explained Mr. Lloyd! By the way, if the local Spanish authorities ask you for it, then you could just say you don’t have one or that it expired. I just use mine when I’m in the UK but here I always use my DNI.

daniel wickhamJuly 13, 2016 at 11:01 pm

Spot on Mr Lloyd!

Where do we sign up?

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Carolyn MowlemJuly 12, 2016 at 11:58 am

Hi Linda & Robert, thanks for your comment. You can sign up to this petition, which is in Spanish, by clicking on this link: https://www.change.org/p/gobierno-de-espa%C3%B1a-doble-nacionalidad-para-brit%C3%A1nicos-con-mas-de-diez-a%C3%B1os-de-residencia-en-espa%C3%B1a?recruiter=52748307&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

I believe that your article is incorrect stating that “Spaniards in the UK can apply for dual Spanish-British citizenship after five years. This option does not work the other way around; for Brits to claim Spanish citizenship they have to renounce their British citizenship.”
The Spanish government won’t grant dual nationality to anyone who is not from an Iberoamerican country. Those Spanish in the UK who think that they have dual nationality are mistaken. In the UK they are viewed as having both but in the eyes of the Spanish government they are just Spanish.
I have both nationalities but I’m only viewed as Spanish here in Spain. In the UK I can use either, but I usually go with my British ID.
Brits get understandably worried when they are told that they have to “renounce” their British nationality here. According to the British consulate in Málaga, the only way you can legally renounce your British nationality in the eyes of the UK government is by filling out an official UK government form and paying a fee. Even if you did that, you can still recover it again via the same process.
All it means when the Spanish government asks you to renounce your nationality is that you are no longer viewed as British HERE IN SPAIN. Back in the UK your nationality is still in tact!
Hope that clears things up. By the way, to get Spanish nationality you will need to pass a Spanish culture and language exam (just as you have to do an English one if you want UK citizenship) and many Brits over here fall sadly short of the qualifications.

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Carolyn MowlemJuly 12, 2016 at 12:11 pm

Hi Christopher, thank you for your comment. The author of our blog post was just reporting on the article which had itself been published in The Local and which referred to the petition which was started by British journalist and author Giles Tremlett. We are grateful to you for sharing your first-hand knowledge both with ourselves and our readers.

daniel wickhamJuly 13, 2016 at 10:58 pm

Chris is spot on, as an ex British Vice Consul in Madrid I can vouch that he has it in a nutshell.

It was Margaret Thatcher that introduced the possibility of voting by proxy from abroad for people who had lived abroad less than 15 years, that was 1985. I remember running the campaign in the consulate. Maggie thought most Brits abroad were Tory voters but only 5000 worldwide registered to vote. However, I feel, like Giles Tremlett whom I know from Consular days that the basic problem is that the UK disenfranchises us and in the referendum case, even more poignantly as this is no mere change of Government but a life lasting decision which many millions of expats have had no say despite being adversely affected by it. Many are UK pensioners who have paid their taxes in the UK always. It would have been quite a different story if the more than 12 million uk nationals living abroad had been able to vote. Leavers would have had to bow their heads. Giles should note Christopher´s comments, the dual nationality idea is nice but not viable for the Spanish in my opinion. If you have lived ten years legally in Spain and are not married to a Spaniard you can apply. I am married and have held the right to do so ever since one year after I was married. I have never bothered but now things are different.