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Citizenship for Ibero-American Nationals

Simplified pathways to Spanish citizenship for nationals of Ibero-American countries.

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Spanish Citizenship for Ibero-American Nationals: A Comprehensive Guide

Spain offers a unique pathway to citizenship for nationals of Ibero-American countries, allowing them to apply for Spanish nationality after a significantly reduced residency period compared to other foreign nationals. Below is a detailed guide covering the legal framework, eligibility criteria, procedures, costs, and country-specific considerations.

1. Legal Framework and Eligibility

1.1. Reduced Residency Requirement

Under Article 22 of the Spanish Civil Code, nationals of Ibero-American countries are eligible to apply for Spanish citizenship after 2 years of legal and continuous residence in Spain. This is a significant reduction from the standard 10-year residency requirement for most other foreign nationals.

1.2. Who Qualifies as an Ibero-American National?

The term "Ibero-American" refers to nationals of countries with historical, cultural, and linguistic ties to Spain. These include:

  • Latin American countries (e.g., Argentina, Mexico, Colombia, Peru, etc.)
  • Andorra
  • The Philippines
  • Equatorial Guinea
  • Portugal

Additionally, individuals from countries where Spanish or Portuguese is an official language may also qualify under this provision.

1.3. Other Eligibility Criteria

To apply for Spanish citizenship, Ibero-American nationals must meet the following conditions:

  • Be at least 18 years old (or emancipated if younger).
  • Have resided legally and continuously in Spain for at least 2 years.
  • Hold a valid residency permit during the 2-year period.
  • Demonstrate good conduct and integration into Spanish society.
  • Have no serious criminal record in Spain or their country of origin.

2. Standard Procedures for Applying

2.1. Step-by-Step Process

  1. Legal Residency in Spain

    • Obtain a valid residency permit (e.g., work visa, student visa, family reunification visa).
    • Reside continuously in Spain for at least 2 years. Short absences (e.g., vacations) are allowed but should not exceed 3 consecutive months or 6 months in total over the 2 years.

  2. Prepare Required Documentation Applicants must gather and submit the following documents:

    • Application form (Modelo de solicitud de nacionalidad española por residencia).
    • Valid passport from the country of origin.
    • Residency card (TIE) proving legal residence in Spain.
    • Certificate of criminal records from the country of origin (translated and apostilled).
    • Certificate of criminal records in Spain (issued by the Spanish Ministry of Justice).
    • Empadronamiento certificate (proof of address) from the local town hall.
    • Proof of integration:
      • DELE A2 or higher (Spanish language proficiency exam) unless the applicant is from a Spanish-speaking country.
      • CCSE (Conocimientos Constitucionales y Socioculturales de España) exam, which tests knowledge of Spanish culture, history, and laws.
    • Proof of income or financial stability (e.g., employment contract, bank statements).
    • Marriage certificate (if applicable) or proof of family ties to Spanish citizens.

  3. Submit the Application

    • Applications are submitted online through the Spanish Ministry of Justice's platform (Sede Electrónica del Ministerio de Justicia).
    • Alternatively, applications can be submitted in person at Civil Registries (Registro Civil) in Spain.

  4. Application Review

    • The Ministry of Justice reviews the application, which may take 1-3 years to process.
    • Applicants may be called for an interview to assess their integration into Spanish society.

  5. Resolution and Oath of Allegiance

    • If approved, the applicant must swear allegiance to the Spanish Constitution and renounce their previous nationality (except in cases where dual nationality agreements exist, as explained below).
    • The applicant is then issued a Spanish nationality certificate and can apply for a Spanish passport and DNI (national ID card).

3. Costs Involved

3.1. Application Fees

  • DELE A2 Exam: €85-€130 (varies by testing center).
  • CCSE Exam: €85.
  • Criminal Record Certificates: Costs vary depending on the issuing country and translation/apostille fees.
  • Application Fee: Free (no fee is charged for submitting the nationality application itself).

3.2. Additional Costs

  • Translations and Apostilles: Documents issued outside Spain must be translated into Spanish by a sworn translator and apostilled. Costs vary by country.
  • Legal Assistance: Hiring a lawyer or gestor to assist with the process can cost between €500-€2,000, depending on the complexity of the case.

4. Country-Specific Considerations

4.1. Dual Nationality Agreements

Spain has dual nationality agreements with most Ibero-American countries, allowing applicants to retain their original nationality after acquiring Spanish citizenship. These countries include:

  • Argentina
  • Bolivia
  • Chile
  • Colombia
  • Costa Rica
  • Cuba
  • Dominican Republic
  • Ecuador
  • El Salvador
  • Guatemala
  • Honduras
  • Mexico
  • Nicaragua
  • Panama
  • Paraguay
  • Peru
  • Uruguay
  • Venezuela

For nationals of these countries, renouncing their original nationality is not required.

4.2. Language Proficiency Exemption

Applicants from Spanish-speaking countries are exempt from taking the DELE A2 exam but must still pass the CCSE exam.

4.3. Criminal Record Certificates

Obtaining a criminal record certificate from the country of origin can be time-consuming. Applicants should start this process early and ensure the document is properly apostilled and translated.

5. Tips for a Successful Application

  • Start Early: Begin gathering documents and preparing for the CCSE and DELE exams well in advance.
  • Ensure Continuity of Residency: Avoid long absences from Spain during the 2-year residency period.
  • Seek Legal Advice: Consider consulting an immigration lawyer or gestor to ensure all documents are in order and the application is correctly submitted.
  • Monitor Application Status: Use the Ministry of Justice's online platform to track the progress of your application.

6. Post-Citizenship Considerations

Once granted Spanish citizenship, applicants can:

  • Apply for a Spanish passport and DNI.
  • Enjoy the rights and privileges of EU citizenship, including freedom of movement within the EU.
  • Vote in Spanish elections.
  • Access public services and benefits as a Spanish citizen.

7. Conclusion

The process of obtaining Spanish citizenship for Ibero-American nationals is streamlined compared to other foreign nationals, thanks to the reduced residency requirement and dual nationality agreements. By meeting the eligibility criteria, preparing the necessary documentation, and following the outlined procedures, Ibero-American nationals can successfully acquire Spanish citizenship and enjoy the benefits of being part of the Spanish and European community.