What do you do with your first citizenship if you plan to get a new one? How does the law work in Serbia, Hungary, Spain and Portugal?

For many people who are considering moving and obtaining a second citizenship, the question arises ‘what about the first citizenship’? Depending on the country, the laws and requirements for going through the process of obtaining a second citizenship can vary greatly. In this article we will look at how things are with renouncing first citizenship in Serbia, Hungary, Spain and Portugal.

Serbia 

Legal framework: Law of the Republic of Serbia on Citizenship.

In Serbia, when acquiring citizenship by naturalisation, renunciation of the previous citizenship is a mandatory requirement. This requirement is not mandatory if the legislation of the country of the first citizenship establishes the loss of citizenship upon admission to the new citizenship. However, if the law on citizenship of the first country does not provide for renunciation of citizenship or it is impossible to fulfil such conditions, the person will still be admitted to Serbian citizenship. 

Hungary

Legal framework: LV of 1993 Act on Hungarian Citizenship.

The Hungarian Citizenship Act sets out various requirements for acquiring citizenship through naturalisation. The main requirements are legal residence on the territory of Hungary for 8 years and knowledge of the Hungarian language. The country allows the possibility of having two or more citizenships, which means that you do not have to renounce your first citizenship when you obtain a Hungarian passport. Hungarian law supports multiple citizenship, which makes the naturalisation process more flexible and attractive for immigrants.

Spain

Legal framework: Royal Decree No. 1004/2015 approving the Ordinance regulating the procedure for Spanish citizenship by residence.

 In most cases, in order to become a Spanish citizen, it is necessary to renounce previous citizenship. However, there are exceptions for citizens of Latin American countries, Andorra, the Philippines, Equatorial Guinea and Portugal. Citizens of these countries have the right to retain their first citizenship after obtaining Spanish, due to historical and cultural ties.

For citizens of other countries, renunciation of first citizenship is mandatory. This rule aims to support integration and loyalty to Spain. The naturalisation procedure in Spain also requires the applicant to have lived in the country for 10 years (or less in the case of marriage or other exceptions) and to demonstrate sufficient knowledge of Spanish language and culture.

Portugal

Legal framework: Portuguese Law No. 37/81 on Citizenship.

Portugal, like Hungary, allows its new citizens to retain their first citizenship. Portuguese law does not require renunciation of former citizenship, making it a popular country for naturalisation for those interested in retaining all their rights in the country of first citizenship. The process of obtaining Portuguese citizenship usually includes residence in the country for five years, knowledge of the Portuguese language and integration into the local society.

Renunciation of first citizenship is an important aspect to consider when planning to acquire a new citizenship in a European Union country. Hungary and Portugal offer flexible conditions for naturalisation, allowing the retention of the first citizenship. Spain and Serbia, on the other hand, have stricter requirements and in most cases require renunciation of previous citizenship. The choice between these countries depends on personal circumstances and goals.

Authors: Yaroslavna Zadesenskaya, Levan Pogosov

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