US citizens and Spanish naturalisation

Key rules

• Spanish requirement: Spain requires you to declare renunciation of your previous nationality at the oath.
• US status: US law ends citizenship only through a voluntary act done with intent to relinquish, and that intent is presumed absent when you naturalise abroad.
• US passport: You keep your US passport and must use it to enter and leave the US.

The short answer

Spain requires you to renounce your previous nationality when you become Spanish. US law only treats that as giving up US citizenship if you do it with the intent to give it up.

What you do in Spain

At the appearance you:

• Swear or promise loyalty to the King and obedience to the Constitution and laws.
• Declare that you renounce your previous nationality.
• Ask to be registered in the Registro Civil.

Bring your ID and the resolution granting you nationality. You must be 14 or older and have legal capacity to do this yourself. If you are under 14 or lack capacity, a representative acts for you.

What it means for your US citizenship

Naturalising in another country, and the oath that goes with it, does not automatically end US citizenship. Losing it requires a voluntary act done with the intent to relinquish. The US authorities presume that intent is absent when someone naturalises abroad.

So in practice:

• You can keep and use your US passport.
• You must still enter and leave the US on your US passport.
• Your Spanish declaration is a Spanish legal requirement. It is not, by itself, a decision to give up your US citizenship.

If you want to give up US citizenship

That is a separate, deliberate choice and is not needed for Spanish naturalisation. Do not make it by accident. If you want to keep your US citizenship, do not say or sign anything that states you intend to give it up.

Tax and other US obligations

Because you stay a US citizen, your US obligations continue. Check your personal situation with a tax adviser who knows both countries before you move or file.

Use the decision and checklist below to plan your appearance, and the FAQ for quick answers.

Choosing between options

How should you treat your US passport and status when you make the Spanish renunciation?

• Keep your US citizenship and passport: Choose this if you do not intend to give up US citizenship. Naturalising in Spain is presumed not to show that intent, so you keep your US status and passport.

• Give up US citizenship deliberately: Choose this only if you really want to lose US citizenship. It needs a separate voluntary act with the intent to relinquish, not just the Spanish oath.

The Spanish renunciation is required by Spain, but US citizenship ends only through a voluntary act done with the intent to relinquish it. If you have no such intent, you keep your US citizenship and passport.

Checklist

• Declare the renunciation of your previous nationality, knowing Spain requires it even though US law only treats it as relinquishment if you act with intent to relinquish.

• Ask for your registration in the Civil Registry at the same appearance.

• Keep your US passport and use it to enter and leave the US.

• Arrange a representative if the applicant is under 14 or lacks legal capacity.

Frequently asked questions

Does making the renunciation at the Spanish oath end my US citizenship?

No, the renunciation you make at the Spanish oath does not automatically end your US citizenship. US law treats loss of citizenship as happening only when you perform a voluntary act with the intent to give it up. Naturalising abroad is presumed not to carry that intent.

Can I keep using my US passport after I become Spanish?

Yes, you can keep and use your US passport after naturalising in Spain, because your US citizenship continues.

Who has to be present and what must I bring to make the renunciation?

You must appear in person if you are 14 or older and have legal capacity, bringing your ID and the resolution granting nationality. Those under 14 or incapacitated are represented.