Question
Question for dual citizens (Colombian/United States): I plan to enter Spain with my US passport and a Spanish student visa in a few months, could I after a couple years apply for residency with my Colombian passport or does it have to be with the same passport I entered (US)? Thank you!
Answers
These are the answers of Spainguru’s Facebook group members:
“I don’t think it matters which passport you use but my understanding is that the Spanish student visa only counts for 1/2 time towards citizenship so instead of 2 years you will need 4”
“They do not count at all.”
“They don’t care which passport you use (I have two and no one checks which one I use). Everything is tied to your NIE number which is independent of your passport.”
“Years on a student visa are classed as estancia, not residence.”
“Yes, you could, it does not matter which passport you used upon arrival but be aware that a Spanish student visa does not qualify as residency, it is estancia. You will not start the two-year clock until you have valid residency.”
“Please talk to immigration experts, don’t rely on Facebook to plan your future. If you are talking about Arraigo Social then there are very specific requirements.”
“From what I’ve read I think it does really matter which passport you come in on- as the other poster notes, you’d want to use the Colombian one to be able to reside 2 years on a visa and then ideally get citizenship.”
“Its definitely better with the Colombian one though and could matter (legally no, but timeframe possibly). I just did my jura yesterday and process was straight forward.”
“Consider a non lucrative visa instead of a student visa.”
Conclusion
For dual citizens (Colombian/United States) considering residency in Spain after studying on a student visa, the consensus suggests that the specific passport used for entry is less important than the type of visa and subsequent legal status in Spain.
Student visas are categorized as estancia and not direct pathways to residency. Having a Colombian passport offer advantages in terms of residency and citizenship application processes due to agreements between Spain and Latin American countries, making the legal residence requirement much shorter (2 years versus 10 years of an American passport holder)
It is recommended to consult with immigration experts for personalized advice and to explore all visa options, including non-lucrative visas, that might better align with long-term residency and citizenship goals in Spain.
