Dual Italian and Spanish citizenship

An Italian citizen who acquires Spanish nationality by residence or by option must declare that they renounce Italian citizenship. That declaration, however, has no effect under Italian law. The Firm explains the consequences of the choice and the conduct to be observed in order to retain both citizenships.

The obligation of renunciation under Spanish law

Art. 23 of the Código Civil requires a person acquiring Spanish nationality to declare that they renounce their previous nationality. Only nationals of the Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal are exempt, together with the countries with which Spain has concluded dual nationality agreements. Italy is not among them, and there is no dual nationality agreement between Italy and Spain.

Retention of Italian citizenship

Pursuant to art. 11 of Law 91/1992, an Italian citizen who acquires a foreign citizenship retains Italian citizenship, unless formally renounced. Renunciation has effect in the Italian legal order only if made before the Italian civil registrar or, for persons resident abroad, before the consular authority. The declaration made before the Spanish Registro Civil does not entail the loss of Italian citizenship.

The risk of losing Spanish nationality

Art. 25 of the Código Civil provides that a Spaniard who is not Spanish by origin loses Spanish nationality if, for a period of three years, they use exclusively the nationality they declared they had renounced, for example by using only the Italian passport. Recovery in that case requires a discretionary authorisation by the Government.

Advantages of Spanish nationality for a resident Italian citizen

• The right to vote and to stand for election in general and regional elections and in referendums, in addition to the municipal and European elections already open to citizens of the Union.
• Access to public employment posts involving the exercise of public authority, which are reserved to Spanish citizens.

Services provided by the Firm

The Firm assists the client in choosing the route of acquisition, with the declaration before the Registro Civil and with the formalities at the Italian consulate. A detailed, no-obligation quote is issued.

Immigration procedures in Spain

Sources: Código Civil, arts. 23, 24, 25 and 26 · Law 91/1992, arts. 11 and 23 · Spanish Constitution, arts. 13 and 23 · Real Decreto Legislativo 5/2015, art. 57. Information only, updated September 2026; it does not constitute legal advice on any individual case.