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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Latin American nationals enjoy one of the most significant immigration advantages available anywhere in Europe: a reduced citizenship timeline of just 2 years of legal residence in Spain, compared to the standard 10-year requirement for most nationalities. This privilege is enshrined in Article 22 of the Spanish Civil Code, which recognises countries with special historical ties to Spain.
For citizens of Argentina, Mexico, Colombia, Peru, Chile, and other Latin American republics, this is a structurally faster path to a Spanish — and therefore EU — passport.
The Article 22 Special Treatment
Article 22 of the Spanish Civil Code establishes the residency periods required to apply for Spanish nationality by residence. The general rule is 10 years of legal continuous residence. Article 22 reduces this to just 2 years for nationals of countries with historical ties to Spain — including all Ibero-American countries (Latin America), Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardim of Spanish origin. This is not a discretionary benefit; it is a structural rule applied to citizens of qualifying countries.
What Counts as the 2 Years
The 2 years must be legal, continuous, and immediately prior to the application. Time on a tourist visa does not count. Years held under a residency permit (NLV, Digital Nomad, work, family reunification, study) do count, although study time is treated more strictly. The clock starts when your first residency permit is granted, not when you arrive. Time on undocumented status does not count. Long absences within the 2 years can break continuity — the rule of thumb is that no single absence should exceed 6 months and total absences should not exceed 10 months across the period.
The Two Tests You Must Pass
Beyond residency, two language and integration tests must be passed: the DELE A2 (Spanish language at A2 level) — though this is generally waived for native Spanish speakers, which most Latin American applicants are — and the CCSE (knowledge of the Spanish Constitution and society). Both are administered by the Cervantes Institute. The CCSE is a 25-question test on Spanish institutions, history, and culture; the standard pass mark is 60%. Latin American applicants normally face only the CCSE in practice, given the Spanish-language exemption.
The Application Itself
The nationality application is filed online through the Ministry of Justice portal once the 2 years are complete and tests passed. Documents include: TIE (your residency card), birth certificate (apostilled and translated), criminal record from your country of origin (apostilled and translated, valid 6 months), CCSE certificate, and DELE A2 (or exemption proof). Processing times are notoriously variable — currently averaging between 12 and 24 months for a decision. Once granted, the oath of allegiance is taken before the Civil Registry, after which the Spanish DNI and passport can be issued.
Dual Nationality with Latin American Countries
Latin American applicants do NOT have to renounce their original nationality on naturalising as Spanish — Spain has bilateral treaties with most Ibero-American countries permitting dual nationality. This is a critical advantage: your existing passport remains valid, you keep property, voting, and civic rights at home, while gaining Spanish-and-EU rights. Confirm with your home-country authorities that they recognise the dual relationship; in nearly all Latin American republics they do.
Frequently Asked Questions
Does NLV time count toward the 2 years?
Yes. Time on the Non-Lucrative Visa, Digital Nomad Visa, work permit, family reunification, or study permit all counts as long as the residence card is valid throughout the period. The 2 years run continuously from the first residency grant.
What if I leave Spain for several months during the 2 years?
Short absences are tolerated. The administrative practice is similar to NLV renewal rules: no single absence over 6 months, total absences under 10 months across the 2 years. Longer absences may break continuity and require restarting the count.
Is the 2-year rule the same for Sephardic Jews?
Sephardic Jews of Spanish origin previously had a separate, faster route under Law 12/2015. That specific route closed in 2019, but qualifying Sephardim retain a privileged residency-based path under Article 22 with the 2-year rule, alongside other historical-tie nationalities.
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.Related 2026 guides
Reviewed by: Maria Luisa de Castro, Expert in Off-plan Property Investment, CostaLuz Lawyers. Last updated: May 2026.
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