By Marta Lasalas
The Law on Legal Transition and on the Constitution of the Republic provides the possibility of holding “dual nationality” and does not require the forfeit of Spanish nationality in order to have Catalan nationality. Article 9 of the Bill provides that: “The attribution of Catalan nationality does not require the forfeit of Spanish nor any other nationality”.
Point two of said Article stipulates that “the Government will pursue negotiations, as quickly as possible, with the Spanish State, in order to conclude a treaty on nationality”.
Furthermore, Article 9 sets out that anyone who has Spanish nationality registered with a local authority in Catalonia since before 31 December 2016 is deemed to have “Catalan nationality of origin“.
Likewise, the law provides for other circumstances where persons who are not in the above case may request Catalan nationality: those born in Catalonia; those who are residents outside Catalonia but who have been residents in a Catalan municipality for at least five years; or children of a Catalan national.
The Bill stipulates that this option must be exercised before the pertinent authorities of the Civil Register “within three years of the Bill being passed”.
Furthermore, “persons born or adopted when under age by a Catalan parent after the Bill is passed will also be deemed to have Catalan nationality”.
Finally, Catalan nationality may be attributed to those born in Catalonia of foreign parents “where the legislation applicable to them does not grant them a nationality or their parents do not have a nationality”; and to those “born in Catalonia whose parents are not known”.
Article 8 stipulates the conditions for acquiring Catalan nationality further to five years legal and continued residence in Catalonia and for under age children of those who have acquired Catalan nationality by virtue of this article. Point four of this article stipulates that misrepresentation of personal information may lead to the loss of nationality.
The second final provision stipulates that requests for nationality must be finalized prior to the call for elections to the Constituent Assembly and that it is necessary to have Catalan nationality in order to take part in the elections to a Constituent Assembly.