The descendants of those exiled from Spain during the Spanish Civil War (1936-39) and during the subsequent rule of the late General Francisco Franco may claim Spanish citizenship under legislation that took effect last week.
The Spanish government expects half a million people, many of them living in Latin America, to be eligible for dual citizenship under the new measure, the Spanish newspaper El País reported. Those applying for citizenship must present proof of their parents’ or grandparents’ place and date of birth, according to the web site of the Spanish Justice Ministry.
The government plans to accept applications until December 2010. Those deemed eligible will not have to renounce their other national citizenship, a change from former Spanish law that forbid dual nationality
Dual Nationality
Dual nationality, a topic I frequently write about, simply means that a person legally is a citizen of two countries at the same time, qualified as such under each nation’s law.
Under American law this dual status may result automatically, as when a child born in a foreign country to a U.S. citizen becomes both a U.S. citizen and a citizen of the country where he or she is born. Or it may result from operation of law, as when a U.S. citizen acquires foreign citizenship by marriage to a spouse from another nation, or a foreign person naturalized as a U.S. citizen retains the citizenship of their country of birth.
Contrary to popular belief, Americans don't have to give up their U.S. citizenship or surrender their passport if they acquire a second citizenship. U.S. law and Supreme Court decisions support the right of an American to enjoy dual citizenship.
Historic Controversy
The new Spanish citizenship law covers the period from July 18, 1936, to Dec. 31, 1955, which includes the Spanish Civil War from 1936 to 1939 and the first decades of Franco's rule which ended with his death in 1975.
The act is part of the "law of historical memory," a controversial law passed last year by the Socialist government of Prime Minister José Luis Rodríguez Zapatero aimed at encouraging Spain to resolve issues from its bloody 20th-century history. Many Spaniards oppose the law as a needless stirring up of old animosities.
This new law could produce many applicants because Spain is a member of the European Union. That means acquiring Spanish citizenship allows a person to live, work and travel in any of the 27 EU nations, giving them a free run of the continent.
Tough Older Laws
The new law is a departure from much stricter Spanish naturalization law.
Prior to this exception citizenship by naturalization could only be acquired with difficulty. Persons with no ties to Spain had to reside in the country for at least 10 years.
Persons who were nationals of Portugal, the Philippines, or certain South American countries need only reside for two years, a back door approach to quicker citizenship.
Persons who were born in Spain, who married a citizen of Spain, or who were born outside of Spain of a mother or father who was originally Spanish, needed only to reside in Spain one year before being eligible fort citizenship. These laws remain in effect.
The new law also creates an exception to the existing Spanish prohibition against dual citizenship.
Spanish law requires most naturalization applicants to renounce their existing citizenship and to swear an oath of allegiance to Spain. Dual nationality is recognized only if the applicant’s home nation has a dual nationality treaty with Spain. Currently, such treaties exist with Chile, Peru, Paraguay, Nicaragua, Guatemala, Bolivia, Ecuador, Costa Rica, Honduras, the Dominican Republic, Argentina, Colombia, and Venezuela. Those of Spanish-Jewish descent were also allowed to hold dual nationality.
Other Nations Grant Exceptions
The changes in Spanish law adds a new political category to the exceptional qualifications for obtaining citizenship imposed by some other nations.
For example, one also can secure dual citizenship and a second passport based on ancestry if your parents or grandparents were born in nations such as Ireland, Italy, Poland, Lithuania or even the United Kingdom. Jews are allowed to obtain Israeli citizenship based on their religion.
If one can afford it, one can also secure an immediate second citizenship (at a high price) from the only two nations that still offer "economic citizenship" -- the Commonwealth of Dominica and St. Kitts and Nevis, both in the Caribbean area.
The Passport Book If you want to know more about dual citizenship and second passports, you can read all about them and scores of countries in The Passport Book which I authored, now in its sixth edition. Click here to learn more.
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