Brexit has gone largely unnoticed by many UK residents unless you’re running a business or travelling abroad.
If you’re originally Spanish and have British citizenship in the UK, you must take steps to keep your Spanish nationality.
Losing Spanish nationality comes as a surprise to many Spanish nationals living in Great Britain.
This user-friendly guide is designed to help Spanish nationals obtain an apostille—legal jargon for a Certificate of Authentication—for their UK Certificate of Naturalisation and formally apply to state their intention to retain their Spanish nationality.
Brexit and dual citizenship
After Brexit, the UK ceased to be an EU member state and is now classified as a third country by Spain.
Spanish citizens who also become British nationals are subject to Spanish regulations covering dual citizenship with countries outside the EU.
Spain doesn’t allow dual citizenship with non-EU countries, so it’s essential for Spanish nationals in the UK to declare their intent to retain their nationality, or they could lose it.
What’s the position in Spanish law?
As a starting point, it’s helpful to understand the legal position.
Article 24 of the Spanish Civil Code states that:
Article 24 doesn’t apply to Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal, but it does apply to the UK.
You must declare your intention to retain your Spanish citizenship within three years of acquiring your UK nationality, or you will lose it.
Starting the process to retain Spanish citizenship
To retain Spanish citizenship, you must submit a Declaration of Intent at the Spanish Consulate General, which has two locations:
London and Manchester.
Which one you use depends on where you live.
Submissions must usually be made in person, but some consulates will accept applications by post. You can check this when you contact them. It’s not possible to apply online.
Before you start the process, you’ll need a UK apostille certificate for your Certificate of Naturalisation; this is issued by the Foreign & Commonwealth Office (FCDO) and must be done before you attend your consulate appointment.
Making an apostille application
To do this, you’ll need an FCDO registered solicitor, and the easiest way to find one is to use the free search on the Law Society website.
Most lawyers advertise their services online, so checking if they offer this is easy, but ask them to ensure they are FCDO-registered. Not all solicitors are.
Usually, the solicitor copies the original Certificate of Naturalisation and then certifies the copy. However, the solicitor still needs to see the original to make a copy.
Next, you’ll apply to the FCDO Legalisation Service for the apostille certificate.
You can apply online or by post; if you apply online, your supporting documents must still be mailed. The application form is sent with the Certificate of Naturalisation.
This is the only way to apply; no ‘in-person’ service exists.
Applications via the FCDO websites take about 3-4 weeks to complete.
What documents do you need to apply to retain Spanish citizenship?
As well as the UK Certificate of Naturalisation (apostilled), you will also need the following:
Any documents not in Spanish must be accompanied by a sworn Spanish translation from a translator recognised by the Spanish Ministry of Foreign Affairs.
Common pitfalls in this process
There are plenty of holes in this process, and mistakes can be costly and delay your application. Here is a checklist to help you stay on the right path.
What happens if I don’t do this?
If you don’t follow the process within three years, you will lose Spanish citizenship and all the rights attached to this, including living and working in Spain and other EU member countries.
The Spanish authorities may revoke your Spanish passport and ID card, and if you return to Spain, you’ll have problems accessing healthcare, social services, and education.
It is possible to recover Spanish citizenship, but this is a complex and lengthy legal process. It’s far easier not to lose it in the first place.
Why use us?
You’re right if you think the process looks complex and daunting. It’s far easier to find a professional to handle this for you, but choosing the right company is essential.
We specialise in obtaining apostilles for UK documents required by international authorities and have years of experience managing UK Certificates of Naturalisation for use in Spain.
We make the whole process quick and painless – we can obtain an apostille in as little as one day -and our dedicated team is with you every step of the way.
You also won’t have to worry about safety as our protocols ensure your documents are always secured and confidential from start to finish.
If needed, we start with an initial consultation to assess your situation. This is entirely free and without obligation.