Dual Nationality Treaty Between Spain and France

THE SPAIN–FRANCE DUAL NATIONALITY TREATY ENTERS INTO FORCE:

This new legislation, which had been under discussion between the two countries since 2019, finally entered into force on 1 April 2022: published in the Spanish Official Gazette (BOE) on 29 March 2022 (Spanish Official Gazette (BOE)-A-2022-4916) and implementing regulations.

How to obtain Franco-Spanish dual nationality?

Those who previously lost their original nationality will now be able to recover it by registering their dual nationality status on their birth certificate. The treaty carries significant historical weight, as it allows Spanish nationals who lost their citizenship upon acquiring French nationality to recover it retroactively.
The heads of government of Spain and France have signed the dual nationality treaty between the two countries. Negotiations had in fact begun as early as March 2019, and it was not until November 2020 that Spain's Council of Ministers approved the agreement. Until recently, the treaty was still awaiting formal signature, which has now been completed, allowing the relevant procedures for its publication — and consequently its entry into force and practical application — to proceed.

This treaty marks a step forward in the friendship between our two countries, reinforcing the deep bonds between the Spanish and French peoples, and represents an acknowledgement of those exiled under the Spanish Republic who lost their Spanish nationality.

Options for obtaining Spanish nationality while retaining French nationality:

There are two options available when seeking dual nationality:

1. Recovering a nationality that was previously lost
2. Applying for Spanish nationality from scratch (ex novo)

PROCEDURE AND REQUIREMENTS FOR OBTAINING SPANISH NATIONALITY EX NOVO:

To process your nationality application, we will require the following documents:

• municipal registration (empadronamiento) details (more than one year's registration)
• Foreigner identity card, EU citizen family member residence card, or EU citizen registration certificate.
• Documentary evidence of holding a second nationality entitling you to exemption from the DELE language exam (in this case, proof of Spanish language proficiency through the Instituto Cervantes will be required, or evidence of studies completed in Spain)
• CCSE test certificate, which demonstrates general knowledge of Spain (also obtained through the Instituto Cervantes)
• Criminal record certificate from your country of origin (it is advisable to also provide a literal translation).
• Birth certificate from your country of origin, or a birth certificate registered with a Spanish Civil Registry
• Full valid passport

This process entitles you to acquire Spanish nationality WITHOUT renouncing your French nationality. Request a quote here and let us guide you through the process:

Why does this dual nationality agreement matter?:

This is undoubtedly significant news: France is the first European country to sign a dual nationality agreement with Spain, opening the door to broader European recognition in matters of European citizenship.

Until now, Spain's dual nationality agreements were limited to countries in the Ibero-American sphere — that is, countries whose official languages include Spanish or Portuguese. These agreements cover Portugal, Andorra, the Philippines, Equatorial Guinea, and twelve Latin American countries: Chile, Peru, Paraguay, Nicaragua, Guatemala, Bolivia, Ecuador, Costa Rica, Honduras, the Dominican Republic, Argentina, and Colombia. We can now confirm that France has joined this list.

It is worth noting that Article 11.3 of the Spanish Constitution provides that "the State may conclude dual nationality treaties with Ibero-American countries or with those that have had or maintain a particular historical connection with Spain".

Although the full text of the agreement has yet to be published, it appears that, in general terms, no special privileges or simplified procedures will be introduced for French citizens seeking to acquire Spanish nationality while residing in Spain. For instance, whereas nationals of Ibero-American countries can obtain Spanish nationality after a verified period of residence in Spain of two years, French nationals will, by all indications, be required to demonstrate ten years of residence in Spain. That said, they will no longer be required to renounce their original nationality, meaning they will be able to hold both Spanish and French nationality simultaneously.

The primary objective of this bilateral agreement is therefore to remove the requirement for nationals of either country to give up their nationality of origin when acquiring the nationality of the other party.

How to obtain French nationality by residence:

• Demonstrate a minimum B1 level of French language proficiency
• Provide evidence of stable income during the three years prior to the application
• Have no criminal record
• Have resided continuously and lawfully in France for five years

Contact us so that one of our partners in France can assist you:

Link to Elen Internacional contact form

How to obtain Spanish nationality by residence:

This route to acquiring nationality requires the person to have resided in Spain for ten years on a legal, continuous, and uninterrupted basis immediately prior to the application. As noted above, there are cases in which the required period of residence is significantly reduced. These are as follows:

• Five years: for the grant of Spanish nationality to persons who have been recognised as refugees.
• Two years: for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or persons of Sephardic origin.
• One year for:
• Persons born on Spanish territory.
• Persons who did not duly exercise their right to acquire Spanish nationality by option.
• Persons who have been legally subject to the guardianship, custody, or foster care of a Spanish citizen or Spanish institution for two consecutive years, even if that situation is ongoing at the time of the application.
• Persons who, at the time of the application, have been married to a Spanish national for at least one year and are not legally or factually separated.
• Widows or widowers of a Spanish national, provided that the spouses were not separated — either factually or by judicial order — at the time of death.
• Persons born outside Spain to a father or mother (also born outside Spanish territory), or to a grandfather or grandmother, provided that all of them were originally Spanish nationals.

What are the advantages of obtaining Spanish nationality?

While it will be necessary to await the publication and analysis of this agreement, one of its key advantages relates primarily to the children of French nationals: those children will be Spanish, meaning they will not need to go through the same procedure, as they will be entitled to nationality by option by virtue of having a father or mother who has been naturalised as a Spanish national. Further benefits include the right to sit public competitive examinations (oposiciones) to access public sector positions in Spain, the right to vote, access to certain forms of public assistance offered by the Spanish public administration, and more.

What does Conesa Legal's immigration department offer?

At Conesa Legal, we support you throughout the process of obtaining Spanish Nationality — starting with providing legal advice, assessing the validity of the documents required for your application, and evaluating whether you meet the legal requirements. You may also wish to explore other services we provide, such as obtaining a Tax Identification Number (NIF), residence and work permits, arraigo (residence by social/family/employment ties) in Barcelona, and more.

Send us the form below and we will keep you informed of the progress of your application, as well as the steps to follow in order to obtain a favourable decision.