When Spanish citizenship can be annulled for false information

Key rules

• Time limit: A claim to annul nationality for fraud, false information or concealment must be brought within 15 years of acquiring it.
• Who decides: Only a court can annul nationality, on a claim by the public prosecutor, and you can defend and appeal.
• Effect: If you lose, you are treated as a foreigner again and must regularise your residence.
• Accuracy: Give true and complete information on residence, criminal record, identity and family situation.

The short answer

Accuracy in your application matters for years after you get nationality. If you acquired Spanish nationality other than by origin, for example by residence, a court can declare that you never validly acquired it if you got it through fraud, false information or concealment.

What counts as a problem

The main grounds are false statements or hidden facts about:

• where you have lived in Spain
• your criminal record
• your identity
• your family situation

Honest mistakes and deliberate lies are not the same thing, but you should not rely on that. Check every date, name and document before you sign. If you find an error after you applied, get advice from a lawyer before doing anything else.

The law asks you to show good civic conduct and sufficient integration. Information you give on those points must be true and complete.

How long the risk lasts

The claim must be brought within 15 years of the date you acquired nationality. The date the clock starts can depend on your case, so ask a lawyer about yours.

Who decides and what happens

Only a court can annul nationality. The public prosecutor (the Ministerio Fiscal) brings the claim in an ordinary civil court. An administrative office cannot do it. You have the right to defend yourself and to appeal.

If the court rules against you:

• Your nationality is treated as never acquired.
• The entry in the Registro Civil is cancelled.
• You go back to being a foreigner and must regularise your residence under immigration law.

What happens to acts you did in good faith, and to your children's nationality, depends on the judgment.

Other ways to lose nationality

Annulment for false information is separate from loss of nationality. If you were born outside Spain and acquired nationality by residence, you can also lose it in other cases. Examples are voluntarily taking another nationality, entering foreign military service, or holding a foreign public office against an express prohibition. The timeline, warnings and questions below cover more detail.

Timeline and deadlines

• You acquire Spanish nationality other than by origin, for example by residence: Day one of the 15-year period

What to watch out for

• False or hidden information can cost you your nationality: If you gave false information or hid something about your residence, criminal record, identity or family situation, a court can rule that you obtained nationality by fraud. Then the nationality is treated as never acquired and you become a foreigner again. Make sure every statement and document in your application is accurate and complete. If you spot an error in a past application, talk to a lawyer.

• The risk lasts 15 years: A claim can be brought within 15 years of the date you acquired nationality, so an old mistake is not safely behind you for a long time. Keep copies of your application and supporting documents for at least that long.

• Other actions can also lead to losing nationality: Voluntarily taking a foreign nationality, entering foreign military service or holding a foreign public office against an express ban can also lead to loss in some cases. Before doing any of these, ask a lawyer or your consulate whether it affects your Spanish nationality.

Frequently asked questions

Who can start a case to annul my Spanish nationality?

Only the public prosecutor (Ministerio Fiscal) can bring a claim to annul your nationality, and it goes to an ordinary civil court, not an administrative office.

What happens to my status if a court annuls my nationality?

Your nationality is treated as if you never acquired it, and your entry in the Registro Civil (the civil register) is cancelled.

Does annulment also affect my children's nationality?

It may, but not automatically: the effect on your children, and on acts you did in good faith, depends on what the judgment says. Ask a lawyer how the ruling applies to your family.