Different kinds of English Nationality .-
Nationality can be of various types depending on the circumstances of acquisition: Originally Nationality
What is it?
That a person takes from the moment of birth.
Who are of English origin?
English origin will be the following:
1) The parent born English.
2) Those born in Spain, they are children of foreign parents, if one parent also born in Spain (except in the case of the children of diplomats).
3) Those born in Spain of foreign parents, if both lack nationality (stateless) or if their legislation does not confer any nationality to the child.
4) Those born in Spain if you know who were their parents. Presumed to be born in English territory to minors whose first known residence is the English territory. Nationality by residence
What is it?
is a way of obtaining citizenship. Who can apply
and requirements?
Any foreign national who has resided in Spain for a time.
for granting citizenship by residence is necessary that it has been legally and continuously and has lasted at least 10 years.
In the case of persons granted asylum or refuge is sufficient within 5 years and 2 years are required for nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal or Sephardic.
The period of residence shall be reduced in the following cases:
1) A one year for those born in Spain.
2) In a year which has been subject to legal guardianship, foster care or a English person or institution for two consecutive years, even if they continue in this situation at the time of the request.
3) In a year of continuous legal residence English for spouses, provided they were not legally separated or in fact.
4) a year for not exercising its right on time to acquire the nationality by option.
5) One year to the widow or widower of English, if at the time of death were not actually or legally separated.
6) a year to foreign-born, whose father or mother, grandfather or grandmother who had been originally English.
7) The natives of Latin American countries are not required to renounce their original nationality for the English as they are granted the right to hold dual nationality. Citizenship by choice
What is it and who can buy it?
is another way to acquire English nationality, which may choose:
1) All those who are or have been subject to the guardianship of a English.
2) Those whose father or mother was born originiriamente English and in Spain.
3) Those whose parentage or identification of his birth in Spain takes place after reaching the age of majority
4) Those who have been adopted to be older. When
Expires:
The option will expire after 20 years of age.
Exceptions:
Except for those who have given their parentage or birth in Spain, after reaching adulthood.
1) For those who have been adopted to be over 18 years.
In these two cases the option will expire two years from the date of determination of parentage or birth in Spain, or from the establishment of adoption.
2) The right of option for those whose parents had been originally English and born in Spain, not subject to age limit.
Nationality by naturalization
and to whom does it apply?
This is a unique way of acquiring nationality, should be sent to the Ministry of Justice provided that there is public interest or humanitarian exceptional to justify it. One example is the resolution adopted by the Council of Ministers on 12 March 2004 which approved the grant of the English nationality of victims and family members (injured spouse, descendants and ascendants in the first degree of consanguinity of the deceased) of courre attack in Madrid on 11/03/2004
who concedes or deny it and how to obtain?
The grant or refusal for the Council of Ministers by Royal Decree of the Government of Spain and its decision is discretionary.
Possession of state citizenship
What and who can acquire it?
The continued possession and use of English nationality for at least 10 years, in good faith and based on a title registered at the Civil Registry, it is because of consolidation of nationality but set aside the title originated.
The applicant must have maintained an active attitude in the possession and use of English citizenship, meaning that they have behaved considering himself English, both in the enjoyment of their rights and in fulfilling their duties in relation to bodies the English state.
English Nationality simple assumption worth
What and who can apply?
This possibility is provided for those born in Spain of foreign parents to the national legislation of the countries of their parents do not give you citizenship, so before they are stateless English law granted citizenship to the value of mere presumption.
loss of English nationality
How English nationality is lost?
English nationality is lost by emancipated that habitually resident abroad:
1) voluntarily acquire another nationality or
2) using only foreign nationality had assigned before the emancipation.
loss occurs once within three years from, respectively, from the acquisition of foreign nationality or the emancipation.
may prevent loss if within the deadline stated their desire to retain English nationality to the civil registrar.
The acquisition of the nationality of Latin American countries, Andorra, Philippines, Equatorial Guinea or Portugal, it is not enough to produce, as above, the loss of English nationality.
need an act of express waiver by the applicant to English nationality.
Around If they lose English English nationality emancipated expressly waive it, if they have another nationality or habitual residence abroad. Spain is not lost if you find in war.
also lose their nationality, provided these are not English in origin, when: Enter
voluntarily join armed forces or occupy political office in a foreign country against the express prohibition of the Government.
Over a period of 3 years using only the nationality to which he would waive declared acquire English nationality.
If the acquisition of English citizenship had been obtained through misrepresentation, concealment or fraud shall invalidate such acquisition through final decision to declare it so. The action for annulment must be exercised by the Public Prosecutor's own motion or on complaint, within fifteen years. Recovery
English nationality
can recover English nationality?
Yes, as long as it meets the following requirements:
legal resident in Spain. This requirement shall not apply to immigrants or children of immigrants. (In other cases it may be waived by the Minister of Justice in exceptional circumstances)
declare before the civil registrar his desire to recover English nationality. Register
recovery in the Civil Registry. When
requires the prior authorization of the Government to recover English nationality?
is necessary both to recover and to acquire, if any, of English nationality, the prior authorization granted at the discretion of the Government to:
1) Those who for a period of three years using only the nationality to which they had declared resign to obtain English nationality.
2) Those who voluntarily enter the armed service or exercising political office in a foreign country against the express prohibition of the Government.
3) When the final ruling stating that the person guilty of misrepresentation, concealment or fraud in the acquisition of English nationality.
Who can apply?
English nationality can apply for any of the above causes, the following persons:
1) The applicant, by itself, where over 18 or is emancipated.
2) The more than 14 years assisted by his legal representative.
3) The legal representative of the under 14 or disabled. In this case the option requires authorization from the civil registrar of the address of the respondent, after consulting the Public Prosecutor.
Policy
apply Article 11.1 º 2 º 3 º of the English Constitution
Articles 17 to 28 of the Civil Code.
Articles 1, 2, 15, 16, 18, 63 and 67 of the Civil Registration Act of June 8, 1957
Decree of November 14, 1958, by approving the Civil Register Regulations: Article 220
337 Source: http://www.gestioneshispanoargentinas.info/
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