# Nacionalidad?



## Guest (Jul 13, 2010)

Alright Spanish experts, I need some help! 

I'm trying to figure out my future and I'm having trouble. I think it's a linguistic issue combined with my wishful thinking. Many options have the requirement: "...Poseer nacionalidad española..." Now, my OH contacted his union who commented that when we marry I am automatically granted _nacionalidad_. That'd be awesome, but I do not believe that is true. (Is it? Please tell me they're right! But, well, nothing can be that easy in Spain. out 

Is there any difference between _nacionalidad_ and full-blown citizenship? Eg. Does a permanent resident have _nacionalidad_? Or do I have to swear allegiance to the king and hand over a passport before I am granted _nacionalidad_?


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## jojo (Sep 20, 2007)

halydia said:


> Alright Spanish experts, I need some help!
> 
> I'm trying to figure out my future and I'm having trouble. I think it's a linguistic issue combined with my wishful thinking. Many options have the requirement: "...Poseer nacionalidad española..." Now, my OH contacted his union who commented that when we marry I am automatically granted _nacionalidad_. That'd be awesome, but I do not believe that is true. (Is it? Please tell me they're right! But, well, nothing can be that easy in Spain. out
> 
> Is there any difference between _nacionalidad_ and full-blown citizenship? Eg. Does a permanent resident have _nacionalidad_? Or do I have to swear allegiance to the king and hand over a passport before I am granted _nacionalidad_?



Heck, I dont even understand the question lol!!!! American Consulate??? 

Jo xxx


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## Pesky Wesky (May 10, 2009)

halydia said:


> Alright Spanish experts, I need some help!
> 
> I'm trying to figure out my future and I'm having trouble. I think it's a linguistic issue combined with my wishful thinking. Many options have the requirement: "...Poseer nacionalidad española..." Now, my OH contacted his union who commented that when we marry I am automatically granted _nacionalidad_. That'd be awesome, but I do not believe that is true. (Is it? Please tell me they're right! But, well, nothing can be that easy in Spain. out
> 
> Is there any difference between _nacionalidad_ and full-blown citizenship? Eg. Does a permanent resident have _nacionalidad_? Or do I have to swear allegiance to the king and hand over a passport before I am granted _nacionalidad_?


Well, halydia, you're right. Things in Spain are never that easy! You don't get nationality automatically granted. I don't know about nationality and citizenship however. Tallulah once told me they were different but I don't know what she meant.
However, the MIR or the American Embassy should be able to give you the details


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## Joppa (Sep 7, 2009)

I think you can apply for Spanish nationality (entitling you to Spanish passport) after one year in marriage and one year living (together) in Spain.


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## Bevdeforges (Nov 16, 2007)

Jo asked me to take a look at this one. While I'm not familiar with Spanish requirements for nationality, there are some general trends in the EU that might help....

It used to be the case (up until the mid 1970's or so) that marrying a European often gave you your spouse's nationality - but it doesn't seem to be the case anywhere anymore these days. (Hence the assumption on the part of OH's union.)

I've read somewhere that there is a technical difference between "nationality" and "citizenship" but AFAIK the terms are used pretty much interchangeably now. Usually (in Europe) you have to have been married to a national for a certain period of time, and for most countries, they want you to have lived in the country for at least a couple of years without getting into trouble (i.e. no arrests or threats to national security). Other requirements for taking local nationality include stuff like: demonstrate that you read, write and speak the local language, provide your police record from your home country (for us Americans, that means an FBI rap sheet and submitting your fingerprints), various documents like birth certificate, marriage papers, divorce papers (if applicable), and all the usual stuff - sometimes translated into the local language, sometimes not.

Technically, for a US citizen, taking another nationality "voluntarily" (i.e. applying for it rather than having it granted automatically) means that the US could take away your US citizenship - but since 1990, they pretty much announced that they aren't going to do this anymore and there are loads of us with dual nationality. The one "gotcha" is that as long as you have your US citizenship, you are expected to file a US tax return, declaring your worldwide income to Uncle. Thanks to tax treaties and a number of tricks in the US tax code, you shouldn't be subject to double taxation, though. 

Some countries still require you to renounce formally your US citizenship if you take the local nationality. Germany and Austria are the ones I am most familiar with - though they have "loopholes" for those with business or other interests back in the Old Country. The US really doesn't seem to care these days - they won't give you any breaks for having a second nationality (and ALWAYS present your US passport when entering the US!!) but otherwise there's no reason not to do it.

Hope some of this helps. 
Cheers,
Bev


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## Guest (Jul 14, 2010)

Thank you ALL very much for your help! I had a funny feeling it couldn't be that easy. 

Bev, do you pay taxes in just one place, or is it American taxes on American accounts and EU taxes on any sort of EU income? 

Thanks again everyone! Even though it's not the answer I wanted to hear, it helps to have a bit more clarity!


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## Bevdeforges (Nov 16, 2007)

halydia said:


> Bev, do you pay taxes in just one place, or is it American taxes on American accounts and EU taxes on any sort of EU income?


It's a little trickier than that. As a Spanish resident (whether or not you've taken Spanish nationality) you're subject to Spanish taxes just like anyone else living there. I don't know anything about Spanish income taxes, so you'll have to rely on the folks in the forum or your husband.

On the American side, you must declare all your worldwide income to the IRS - and all your overseas accounts to the US Treasury department if the total balance in all accounts you have either a financial interest in or signature authority over is at least $10,000 at any point in the calendar year. The IRS gives you an "overseas earned income exclusion" for all earned income (basically, salary and wages, but there are a couple other types of income you can include under that umbrella) so in essence you pay your taxes where you earn your salary.

For banks and other "passive" income, you wind up paying taxes (usually) in the country where the income (interest, dividends, etc.) is coming from. Once you get into the rules and all, it actually kind of makes sense - and if your sources of income are simple (like mine are!) you can generally whip through the US tax return in 15 or 20 minutes each year, without having to pay anything to the IRS.

Best source for info about filing US taxes from overseas is the IRS publication no. 54, available on the IRS website.
Cheers,
Bev


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## Guest (Jul 14, 2010)

Bevdeforges said:


> It's a little trickier than that. As a Spanish resident (whether or not you've taken Spanish nationality) you're subject to Spanish taxes just like anyone else living there. I don't know anything about Spanish income taxes, so you'll have to rely on the folks in the forum or your husband.
> 
> On the American side, you must declare all your worldwide income to the IRS - and all your overseas accounts to the US Treasury department if the total balance in all accounts you have either a financial interest in or signature authority over is at least $10,000 at any point in the calendar year. The IRS gives you an "overseas earned income exclusion" for all earned income (basically, salary and wages, but there are a couple other types of income you can include under that umbrella) so in essence you pay your taxes where you earn your salary.
> 
> ...


Bev, 

Thanks again. This really helps!


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## gus-lopez (Jan 4, 2010)

halydia said:


> Alright Spanish experts, I need some help!
> 
> I'm trying to figure out my future and I'm having trouble. I think it's a linguistic issue combined with my wishful thinking. Many options have the requirement: "...Poseer nacionalidad española..." Now, my OH contacted his union who commented that when we marry I am automatically granted _nacionalidad_. That'd be awesome, but I do not believe that is true. (Is it? Please tell me they're right! But, well, nothing can be that easy in Spain. out
> 
> Is there any difference between _nacionalidad_ and full-blown citizenship? Eg. Does a permanent resident have _nacionalidad_? Or do I have to swear allegiance to the king and hand over a passport before I am granted _nacionalidad_?


You automatically get it by marrying a spaniard after 1 year. See here. 
Getting the Spanish nationality | iAbogado |

You've still got to apply for it though !! lol. 
You will then be regarded as Spanish & nothing but Spanish & entitled to a passport. The Spaniards don't recognise dual nationality but you'll be able to keep your US passport as well. :clap2:


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## Pesky Wesky (May 10, 2009)

gus-lopez said:


> You automatically get it by marrying a spaniard after 1 year. See here.
> Getting the Spanish nationality | iAbogado |
> 
> You've still got to apply for it though !! lol.
> You will then be regarded as Spanish & nothing but Spanish & entitled to a passport. The Spaniards don't recognise dual nationality but you'll be able to keep your US passport as well. :clap2:


Well, that's good to know.
I've heard that it's taking 2 - 4 years at the moment. I suppose it depends where you live. Also, depending where you live you may get asked questions about life in Spain or not...


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## Guest (Jul 15, 2010)

Another interesting thing: As long as you have all the pre-requisites and are married to a Spaniard, you can sit for _oposiciones_. Of course, that doesn't apply to the vast majority of you, who as EU citizens can do opos anyway!

Source: Ley 7/2007, de 12 de abril, del Estatuto Bsico del Empleado Pblico. (look at 2.)


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