Spanish citizenship by residency just received an important clarification from a Spanish court that affects dual nationals of the United States and Latin American countries.
Why this court ruling on Spanish citizenship matters
In recent months during 2025, Spain’s Ministry of Justice began denying some two-year fast-track applications for Spanish citizenship from people who held both a U.S. passport and a Latin American passport. The Ministry argued these applicants were not “nationals by origin” of their Latin American country because they were born in the U.S. and obtained the U.S. passport first. A recent court judgment has corrected that interpretation and re-opened the door for eligible dual nationals to use the two-year route.
Download the PDF: RESOLUCION NACIONALIDAD ESPANOLA DOBLE NACIONALIDAD
The three key clarifications for Spanish citizenship
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You can reside in Spain with your U.S. passport and still rely on your Latin American nationality for the two-year fast-track to Spanish citizenship. Residence documentation tied to the U.S. passport does not disqualify you from invoking your Latin American nationality at the citizenship stage.
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“Nationality by origin” does not depend on which passport you received first or where you were born. If the law of your Latin American country grants nationality by descent (for example, through parents or grandparents), you are a national by origin—even if you formalized or documented that nationality later in life.
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Language-exam relief: If your Latin American nationality is by origin and the country is Spanish-speaking, you do not need the Spanish language exam to apply for Spanish citizenship via residency. (Note: other requirements, like the civics test, still apply depending on your circumstances.)
Who can use the two-year fast-track to Spanish citizenship?
The two-year residency route is available to nationals of Ibero-American countries (Latin American states with Spanish or Portuguese heritage), among others. If you are a national by origin of such a country, you may apply for Spanish citizenship after two years of legal, continuous residence in Spain. The court confirmed that dual U.S.–Latin American nationals can still rely on the Latin American side for eligibility.
Does a U.S. birthplace or first U.S. passport block eligibility?
No. The court rejected the idea that being born in the U.S. or receiving a U.S. passport first negates nationality by origin. What matters is the law of the Latin American country: if that law recognizes you as a national by origin through your parents or grandparents, you qualify on that basis.
What “nationality by origin” means in practice for Spanish citizenship
“By origin” is determined by your foreign country’s rules, typically jus sanguinis (bloodline). If, for example, Bolivian law recognizes you as Bolivian by origin because a parent or grandparent is Bolivian, you are Bolivian by origin even if you registered the nationality at age 12, 18, or later. Administrative timing does not change the underlying status.
The passage of the ruling that stands out
“The controversial issue lies in the fact that the applicant was born in the United States and is the child of parents who are also U.S. citizens. He holds U.S. nationality, which he presented in order to obtain his residence permit in Spain. However, he also holds Bolivian nationality, which was taken into consideration to exempt him from the language test (DELE), in accordance with the provisions of Article 6.5 of Royal Decree 1004/2015, of November 6, approving the Regulation governing the procedure for acquiring Spanish nationality by residence, and Article 10.2 of Order JUS/1625/2016, of September 30, on the processing of procedures for granting Spanish nationality by residence.
Nevertheless, to apply the reduced residence period of two years, Article 22.1 of the Civil Code requires that the person concerned be a national by origin of Ibero-American countries. This matter has been clarified and his Bolivian nationality by origin has been proven, since the applicant’s mother is Bolivian by origin, as was his grandmother, the mother of his mother. Therefore, the reduced period of one year is applicable to him.” (This last one year seems to be a mistake from the judge, should be two).
How to prove nationality by origin for Spanish citizenship
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Certified proof of your parent(s) or grandparent(s)’ nationality (birth certificates, passports, or national registry extracts)
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Your own birth certificate linking you to the qualifying ancestor
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Official confirmation or certificate from your Latin American country that you are a national by origin (not by naturalization)
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Proper legalization/apostille and sworn translations into Spanish where required
If your Latin American nationality is by naturalization or residency
You cannot use a nationality acquired solely by naturalization or residency to claim the two-year fast-track. The benefit attaches to nationality by origin under your country’s law. If you have no ancestral tie recognized “by origin,” the standard ten-year route may apply (or other reduced periods if you qualify on separate grounds).
Can I live in Spain with my U.S. passport and still apply as Latin American?
Yes. The ruling confirms there is no conflict between residing in Spain on a U.S. passport and invoking your Latin American nationality by origin when applying for Spanish citizenship. Keep your residence status valid and continuous, then file the citizenship application supported by proof of your Latin American nationality by origin.
Do I need the Spanish exam?
If you are a national by origin of a Spanish-speaking Latin American country, you are generally exempt from the language exam requirement. Other tests or requirements (such as the civics/constitutional knowledge test) may still apply; check the specifics for your case and exemptions.
Step-by-step preparation for the two-year Spanish citizenship route
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Confirm eligibility: Verify your Latin American nationality is “by origin” under that country’s law.
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Maintain residence: Complete two years of continuous, legal residence in Spain.
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Gather evidence: Ancestral documents, nationality certificates, criminal records, padrón history, and proof of lawful stay.
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Exams and exemptions: Determine whether any tests apply to you and claim applicable exemptions with documentary proof.
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File a complete application: Consistency between identity documents (names, dates, places) is crucial.
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Track decisions and deadlines: If denied, consider administrative reconsideration and, where justified, court appeal.
Common mistakes that lead to delays or denials
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Relying on a Latin American nationality obtained only by naturalization, not by origin
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Incomplete proof of the family link establishing nationality by origin
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Assuming the order in which you obtained passports matters (it doesn’t)
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Skipping required legalizations/apostilles or sworn translations
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Letting residence lapse or failing to show two years of continuous residence
What to do if your Spanish citizenship case is denied
If your decision misapplies “nationality by origin,” you may challenge it. Start with administrative remedies and, where appropriate, pursue a court appeal. The recent judgment shows courts will correct denials that conflict with the law and with the applicant’s rights.
Bottom line on Spanish citizenship after the ruling
Dual U.S.–Latin American nationals whose Latin American nationality is by origin can rely on that status for the two-year fast-track to Spanish citizenship, even if they were born in the U.S. and received their U.S. passport first. Documentation—especially proof of “by origin”—is the key to success.
Consider consulting a legal expert for personalized guidance. If you need expert help when applying for Spanish citizenship, please contact us at info@sternaabogados.com.