Spanish nationality by residence: the 2-year LATAM route to EU citizenship — Civil Code art. 22

Spanish Nationality by Residence: governed by Article 22 of the Civil Code. General requirement: 10 years of legal, continuous and uninterrupted residence immediately preceding the application. Reduced to 2 years for nationals of origin of Ibero-American countries (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela), Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardic Jews (CC art. 22.1). A further reduction to 1 year applies for spouses of Spanish nationals (lawful marriage for 1 year), those born in Spanish territory, and others (CC art. 22.2). The process requires passing the DELE A2 and CCSE examinations (Instituto Cervantes); a complete documentary dossier filed at the Civil Registry; and waiting up to 12 months for resolution (administrative silence = deemed rejection under CC art. 22.4). For LATAM nationals with bilateral dual-nationality conventions, acquiring Spanish nationality does not require renouncing the original nationality — making this the most powerful EU citizenship pathway for Ibero-American families. Years of lawful residence under family reunification, long-term residence, and all other lawful authorisation types count toward the residence period. See also the immigration practice overview.

This service is part of our immigration and international mobility practice.

Legal framework — Civil Code art. 22

Spanish nationality by residence is governed by Article 22 of the Civil Code (Código Civil). The article establishes the general requirement of 10 years of legal, continuous and uninterrupted residence immediately preceding the application, while providing reduced periods of significant commercial importance in BMC’s immigration practice.

The residence must be habitual — not merely formal — and the applicant must demonstrate civic conduct and a sufficient degree of integration in Spanish society. Integration is assessed primarily through the Instituto Cervantes examinations (DELE A2 and CCSE) and, in some cases, through an interview before the Civil Registry.

The 3 routes side by side — 10 years, 2 years, and 1 year

The “of origin” condition in the 2-year route is the most frequently misunderstood eligibility requirement. We verify it as the first step of every LATAM nationality assessment.

The 2-year route — the most commercially relevant path for LATAM families

For BMC’s client base — which includes a significant proportion of business owners, executives and families of Latin American origin with residence in Spain — the 2-year route under Civil Code art. 22.1 is the most frequent and strategically significant. It allows Spanish nationality to be achieved within a short horizon, unlocking:

• EU citizenship and the full bundle of rights it confers: free movement, residence and work across 27 EU Member States, consular protection
• A Spanish passport — ranked among the most powerful globally (Henley Passport Index)
• Schengen free movement across 27 European countries
• Dual nationality with the country of origin, under Spain’s bilateral conventions with Ibero-American countries — no renunciation required
• Long-term estate and fiscal planning stability: Spanish tax residency, EU legal framework, asset protection within the European legal space

Critical point — the “of origin” condition. The 2-year period applies only to persons who are nationals of origin — by birth or descent — of the qualifying countries. A Colombian, Mexican, or Argentine national who acquired that nationality by residence in that country (not by birth or descent) falls under the general 10-year period. This distinction is verified in the initial eligibility assessment.

The 1-year route — specific cases

Civil Code art. 22.2 provides a 1-year residence period for:

• Those born in Spanish territory.
• Those who have not exercised their right to opt for Spanish nationality in a timely manner.
• Those who have been subject to the legal guardianship, care or fostering of a Spanish citizen or institution for two consecutive years, including those still in that situation.
• Those who are or have been lawfully married to a Spanish national and have been married for one year, or widows/widowers of a Spanish national.

Dual nationality — the norm for Ibero-American clients

Spain’s general prohibition on dual nationality is subject to significant exceptions under bilateral dual nationality conventions and on account of historical ties — covering precisely the Ibero-American countries.

In practice, a Colombian, Mexican, Argentine or Peruvian national who acquires Spanish nationality retains their country-of-origin nationality. For HNWI clients with ongoing business, property and family ties in their home country, this means that Spanish nationality adds EU citizenship, a Spanish passport and full Schengen free movement without any sacrifice of civil rights or legal identity in the country of origin.

This combination is one of the most powerful tools in international mobility and long-term estate planning for Latin American families with a European footprint: they access the EU legal and financial framework while maintaining business continuity, banking relationships, and property rights in their country of origin.

DELE and CCSE examinations — requirements, exemptions, and timing

Naturalisation requires passing two examinations administered by the Instituto Cervantes:

DELE A2 (minimum level): certifies spoken and written Spanish at the basic user level. Nationals of Spanish-speaking countries may be exempt from the DELE A2 if they provide documentary evidence — birth certificate, passport or school certificate — confirming Spanish as their first language. This exemption applies to the vast majority of LATAM clients.

CCSE (Conocimientos Constitucionales y Socioculturales de España): evaluates knowledge of the Spanish Constitution, the political system, fundamental rights and freedoms, and Spanish culture and geography. This examination is required of all applicants, including those exempt from the DELE A2.

Both examinations are exempt for applicants under 18 and for persons with disabilities that prevent them from sitting the tests. DELE and CCSE certificates have no expiry date once obtained.

Timing matters. The CCSE in particular can have a waiting list of 2–4 months at peak times. We coordinate examination scheduling as part of the overall nationality timeline to ensure certificates are ready before the application is filed.

Democratic Memory Law — window closed October 2025

Law 20/2022 on Democratic Memory (Ley de Memoria Democrática) created a special nationality route for grandchildren of Spaniards exiled or persecuted during the Civil War and the Franco regime, without any residence requirement. The initial two-year window ran until October 2024; the Government extended it by one year until 22 October 2025.

As of May 2026, the application window has closed. No further extensions have been announced. Applications filed before 22 October 2025 remain in process and will be resolved during 2026 and beyond. Those who did not file within the deadline cannot access this route; we advise those with Spanish ancestry on whether alternative routes — nationality by option (CC art. 20), by descent, or other special provisions — may be available.

Why nationality applications fail — common refusal grounds

1. Gaps in legal residence. The most frequent substantive ground for refusal. Any period of expired authorisation, irregular status, or failure to renew before the authorisation lapsed breaks the continuity of the residence period and must either be excluded from the count or, in some cases, addressed through regularisation before the nationality application is filed.

2. Incomplete or missing empadronamiento histórico. The certificado de empadronamiento histórico must cover every year of the claimed residence period, issued by every municipality where the applicant has been registered. Moving between municipalities requires obtaining certificates from each. Gaps in empadronamiento are interpreted as gaps in habitual residence.

3. Outdated criminal record certificate. The apostilled criminal record certificate from the country of origin must be dated within 3 months of the application submission. Obtaining and apostilling a foreign criminal record certificate typically takes 4–8 weeks from LATAM countries. We initiate this process well in advance.

4. Document deficiencies — apostilles and translations. Birth certificates, criminal records, and other public documents from non-EU countries must be apostilled in the issuing country and translated by a sworn Spanish translator. Certificates from some LATAM countries have specific format requirements for the Civil Registry.

5. Administrative silence. If a supplementary document request is issued during the 12-month resolution period and not responded to adequately, or if the file was incomplete at submission, the application lapses by administrative silence (deemed rejection under CC art. 22.4). A recurso de alzada before the Ministry of Justice is the first step of the appeal, followed by a contencioso-administrativo before the Audiencia Nacional if the administrative appeal is unsuccessful.

Illustrative scenario — Colombian family, 2-year route

Illustrative scenario — no real client, no outcome stated as guaranteed

A Colombian couple, both nationals of origin, have been legally resident in Spain for two years under work authorisations (one as an EU Blue Card holder since month 0; the other under a family reunification authorisation since month 6). Both are continuously empadronados. Neither has criminal convictions in Spain or Colombia. Both are native Spanish speakers and are exempt from the DELE A2.

Nationality file preparation: The CCSE examination was sat and passed by both applicants in month 20. Apostilled Colombian birth certificates (both) and apostilled Colombian criminal record certificates (issued within 3 months of the planned application date) were coordinated through a Colombian notaría in month 22. The empadronamiento histórico covering the full 2-year residence period in Madrid was obtained from the ayuntamiento in month 23. The complete nationality dossiers for both applicants were submitted to the competent Civil Registry in month 24 from the date of each applicant’s first residence authorisation.

Dual nationality: Neither applicant is required to renounce Colombian nationality. Spain’s 1979 bilateral dual-nationality convention with Colombia means both will hold Spanish and Colombian nationality simultaneously upon naturalisation. Both children (born in Spain) are processed under the 1-year route and their files are submitted simultaneously with their parents’.

This is a simplified illustrative scenario. Actual timelines and outcomes depend on the specific facts of each case.

Integration with family reunification and long-term residence

Spanish nationality is the culmination of a residence strategy that should be planned from the first immigration authorisation. We advise on the interaction between the nationality path and:

• Family reunification: reunified spouses and dependants begin their own residence clocks from the date of their reunification authorisation. For LATAM families, coordinating the sponsor’s and reunified family members’ nationality applications means the whole family can naturalise in a coordinated process.
• Long-term residence: the 5-year long-duration residence authorisation is an intermediate milestone in the 10-year general path; for LATAM families on the 2-year route, it is not a mandatory step but is useful as a bridge permit of indefinite duration.
• Absence periods: the Civil Code requires that the residence be “immediately preceding” the application. Extended absences in the years just before filing must be planned carefully to avoid breaking continuity.

The 2-year Ibero-American route to Spanish nationality, combined with the dual-nationality conventions and the EU citizenship bundle, represents one of the most powerful legal instruments available to LATAM families with a long-term European horizon. Proper planning from the first residence authorisation is the key to realising it.