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Path to Spanish Citizenship for South Americans

Spain offers a unique pathway to citizenship for South Americans, providing an opportunity to regularize their status and eventually become Spanish citizens. This process is particularly accessible through the application of Article 124 of Royal Decree 557/2011, which outlines different forms of "Arraigo" (rootedness or ties) that allow individuals to obtain legal residency. For South Americans, Spain also offers a shortened period for obtaining citizenship, making the country an attractive destination for those looking to build a new life in Europe.

Understanding Article 124 - The "Arraigo" Pathways

Article 124 of Royal Decree 557/2011 provides several pathways for foreigners who have been living in Spain without legal status to obtain residency through "Arraigo." 

This legal mechanism is particularly beneficial for South Americans due to their cultural and historical ties to Spain. There are four main types of Arraigo:

  1. Arraigo Laboral (Labor-Based Residency):
    • Requirements:
      • Continuous residence in Spain for at least two years.
      • Proof of having worked for at least six months during this period.
    • Special Considerations for South Americans: Many South Americans may find it easier to prove their employment and integration due to cultural similarities and existing networks in Spain.
  2. Arraigo Social (Social-Based Residency):
    • Requirements:
      • Three years of continuous residence in Spain.
      • A valid work contract and proof of integration (such as family ties or a positive social report).
    • Special Considerations for South Americans: Given the close cultural connections, South Americans may have stronger family ties and social networks in Spain, facilitating the fulfillment of these requirements.
  3. Arraigo Familiar (Family-Based Residency):
    • Requirements:
      • Being the parent of a minor Spanish citizen or the spouse/partner of a Spanish citizen.
    • Special Considerations for South Americans: This pathway is especially relevant for those with family members who are Spanish citizens, offering a direct route to legal residency.
  4. Arraigo para la Formación (Training-Based Residency):
    • Requirements:
      • Two years of continuous residence in Spain.
      • Commitment to undertake an approved training program.
    • Special Considerations for South Americans: This option allows individuals to gain valuable skills and qualifications while securing legal residency.

Fast-Tracking to Spanish Citizenship: The Two-Year Rule

For citizens of certain countries, including most South American nations, Spain offers a significant advantage: the ability to apply for Spanish citizenship after just two years of legal residency. This is much shorter than the standard ten-year requirement for other non-EU nationals.

  • Countries Eligible for the Two-Year Rule: Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardic Jews.
  • Requirements:
    • Legal Residency: The applicant must have spent two continuous years legally in Spain. This residency can be obtained through the Arraigo pathways mentioned above.
    • Good Conduct: The applicant must have a clean criminal record in both Spain and their country of origin.
    • Integration: The applicant must demonstrate integration into Spanish society, typically by passing the DELE Spanish language exam and the CCSE test, which covers Spanish constitutional and cultural knowledge.

Steps to Apply for Spanish Citizenship

  1. Prepare the Necessary Documents:
  2. Submit Your Application:
  3. Processing Time:
    • The application process can take between one to three years depending on your individual case. During this period, you may be required to provide additional documentation or information.
  4. Approval and Oath of Allegiance:
  5. Obtain Spanish Documentation:
    • Spanish Passport: Apply for a Spanish passport at your local office after citizenship is granted.
    • National ID (DNI): Obtain your Spanish National ID card (DNI).

Conclusion

For South Americans, Article 124 of Royal Decree 557/2011 offers a viable route to legal residency in Spain through various Arraigo mechanisms. Coupled with the special provision allowing citizenship after just two years of legal residence, this pathway provides an attractive opportunity for those looking to establish a long-term life in Spain. By fulfilling the necessary requirements and navigating the application process, South Americans can achieve Spanish citizenship relatively quickly and enjoy the benefits of being an EU citizen.

Disclaimer

This article is intended for informational purposes only and should not be considered a substitute for professional legal advice from a qualified immigration attorney. It aims to provide a general overview of relevant topics, but it may not cover all aspects or be entirely accurate. For personalized legal advice and to address specific circumstances, you should consult directly with a licensed attorney. The author assumes no responsibility for any errors or misunderstandings that may arise from the use of the information provided.