Spanish citizenship by residency has received a significant clarification from a recent court ruling, directly impacting dual nationals of the United States and Latin American countries. This judgment resolves confusion created by Spain’s Ministry of Justice, which had begun rejecting some applications under the two-year fast-track route.
The court confirmed that dual nationals who are recognized as nationals by origin in their Latin American country remain eligible for the reduced residency period of two years.
Why this ruling on Spanish citizenship matters
In early 2025, Spain’s Ministry of Justice started denying two-year Spanish citizenship applications from individuals who held both U.S. and Latin American passports. Officials argued that those born in the United States and registered as U.S. nationals first were not nationals by origin of their Latin American country.
The court has overturned this interpretation, affirming that nationality by origin is determined by the laws of the Latin American state and not by the order of passports or place of birth.
What is nationality by origin in Spanish citizenship applications
Nationality by origin in Latin American countries generally follows jus sanguinis, meaning it is based on descent. If your parents or grandparents were nationals by origin of a Latin American country, you too are considered a national by origin under that country’s law.
This status remains valid even if you registered or documented the nationality years later. Administrative timing does not alter the fact that you are a national by origin. For example, a person with Bolivian parents or grandparents is Bolivian by origin even if they registered their nationality as an adult.
Can you apply for Spanish citizenship with a U.S. residence permit
Yes. The court ruling clarified that applicants may reside in Spain on their U.S. passport and still apply for Spanish citizenship on the basis of their Latin American nationality by origin. Residence status linked to the U.S. passport does not prevent using Latin American nationality when applying for citizenship.
Who qualifies for the two-year Spanish citizenship fast-track
Nationals by origin of Ibero-American countries are entitled to apply for Spanish citizenship after just two years of continuous and legal residence in Spain. This includes nationals of Latin American countries with Spanish or Portuguese heritage. Dual U.S.–Latin American citizens who can prove nationality by origin are included in this group, even if they were born in the United States.
Does birthplace or passport order affect Spanish citizenship eligibility
No. Being born in the United States or obtaining a U.S. passport first does not block eligibility. What matters is whether the law of your Latin American country recognizes you as a national by origin. If it does, you qualify for the reduced residency period of two years.
Are language exams required for Spanish citizenship
If you are a national by origin of a Spanish-speaking Latin American country, you are exempt from the Spanish language exam (DELE). However, other requirements, such as the constitutional and sociocultural knowledge test (CCSE), may still apply. Applicants should confirm which exemptions are relevant to their situation.
How to prove nationality by origin for Spanish citizenship
To establish nationality by origin, applicants must provide clear documentary evidence. This may include the birth certificates and passports of parents or grandparents, the applicant’s own birth certificate linking them to the ancestor, an official certificate from the Latin American country confirming nationality by origin, and legalized or apostilled documents with sworn translations into Spanish where required.
What if nationality was acquired by naturalization
Nationality obtained solely through naturalization or residency in a Latin American country does not qualify for the two-year fast-track. The benefit applies only to nationals by origin. Applicants who cannot prove nationality by origin must follow the standard ten-year residency route, unless another exception applies to their case.
Under Article 22 of the Spanish Civil Code, the general rule for obtaining Spanish citizenship by residence is ten years. However, this period is reduced to two years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and individuals of Sephardic origin.
Importantly, this benefit applies only to nationals by origin of those countries, as recognized by their domestic laws. Nationality acquired solely through naturalization or residency in a Latin American state does not grant access to the two-year fast-track. In such cases, applicants must meet the standard ten-year residency requirement, unless another exception under the Civil Code applies.
Common mistakes in Spanish citizenship applications
Some of the most frequent errors leading to delays or denials include relying on a nationality acquired exclusively by naturalization, failing to provide complete proof of family ancestry, assuming that passport order matters, omitting required apostilles or sworn translations, or not maintaining continuous residence for the required two years of legal residency prior to the application for the Spanish citizenship.
What to do if your Spanish citizenship application is denied
If an application is denied due to an incorrect interpretation of nationality by origin, applicants have the right to appeal. The process begins with administrative reconsideration, and if necessary, a court appeal. The recent ruling shows that Spanish courts are prepared to correct administrative errors and confirm the rights of applicants who meet the legal requirements.
Conclusion: Spanish citizenship and the two-year fast-track
The court ruling has clarified an important aspect of Spanish citizenship by residency. Dual U.S.–Latin American nationals who are nationals by origin under the laws of their Latin American country can apply for Spanish citizenship after two years of residence, regardless of birthplace or the order in which they obtained their passports. The key to success lies in gathering thorough documentation that proves nationality by origin and ensuring residence requirements are fully met.
Applying for Spanish citizenship can be complex, especially when proving nationality by origin. Consulting an immigration expert ensures your eligibility is correctly assessed, your documents are properly prepared, and your chances of success are significantly improved.
