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Spanish Citizenship for Americans

Most Americans become Spanish through years of legal residence, a Spanish parent, or a spouse. Here is how each route works, what the exams involve, what happens to your US citizenship, and how you end up holding a Spanish passport.

An American woman holding a Spanish passport and a US passport at a sunlit table in a Madrid apartment
Updated October 21, 20264 min read7 sections
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This guide is what worked for us and the people we've helped — it is not immigration or legal advice, and we are not immigration or legal professionals. Rules change, every situation is different, and the cost of getting it wrong (denied visas, double taxation, fines, missed deadlines) is real.

Before you act on anything here, speak with a qualified immigration or legal professional — an immigration lawyer (abogado de extranjería), a cross-border tax accountant, or a licensed gestor — who can review your specific facts. Use this guide to know what questions to ask, not as a substitute for paid advice.

1. By residence — you live in Spain legally and continuously for the required number of years, then apply. This is the route most Americans use.

2. By descent (de origen) — you were born to a parent who was Spanish when you were born. You may already be Spanish and only need to register your birth.

3. By option or special laws — certain children and grandchildren of Spaniards can claim citizenship through windows the law opens and closes.

4. By naturalisation letter (carta de naturaleza) — granted at the government's discretion in exceptional cases. Rare, and not something you can plan around.

The rules come from the Spanish Civil Code (articles 17–26). Official information is on the Ministry of Justice nationality page.

10 years is the standard rule, and it applies to US citizens. The years must be legal, continuous and immediately before you apply. Time as a tourist does not count.

1 year applies in some cases, for example if you have been married to a Spaniard for a year and live together, were born in Spain, or are a widow or widower of a Spaniard. Your legal residence still has to reach one year.

2 years applies to nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and to people of Sephardic origin. This matters if you hold a second nationality such as Mexican or Colombian alongside your American one.

Does student time count? Time on a student stay has been treated differently from residence over the years; check with a lawyer before counting student years toward your total. Residence permits such as the Non-Lucrative Visa, the Digital Nomad Visa or a work visa count.

Long trips abroad can break 'continuous' residence. Keep trips short and keep proof such as boarding passes and your padrón history.

Two exams from the Instituto Cervantes: the DELE A2 Spanish language exam (or higher) and the CCSE, a multiple-choice test on the Spanish constitution, culture and society. You can book both on the Instituto Cervantes exams site. People from Spanish-speaking countries skip the DELE.

Main documents: passport, your residence card (TIE), a US birth certificate with an apostille and an official Spanish translation, an FBI background check with apostille and translation, a Spanish criminal record certificate (the ministry usually checks this itself), your padrón certificate, and proof of income and integration.

Fee: pay the nationality fee using Modelo 790 code 026 (around €104 — confirm the current amount).

Apply online on the Ministry of Justice electronic office using a digital certificate, or ask a lawyer or gestor to file for you. Waits of one to three years are common.

A Spanish parent when you were born? You are likely Spanish from birth. You don't apply for citizenship; you register your birth at the Spanish consulate that covers your US state, using your parent's Spanish documents and your apostilled birth certificate.

Spanish grandparents? The Democratic Memory Law (Ley 20/2022) opened a temporary route for some grandchildren of Spaniards. That window has now closed to new applications. People who filed in time still have their files processed.

The 'option' route (Civil Code article 20) lets some people claim citizenship if a parent was originally Spanish and born in Spain, or if they were under a Spanish parent's legal custody. There are age limits, so check early.

Gather your family's Spanish birth and marriage records from the civil registry (Registro Civil). Old records can take months to locate.

Spain does not have a dual nationality treaty with the US. People who become Spanish by residence must formally declare that they give up their previous nationality when they swear the oath.

In practice, the United States does not treat that declaration as giving up US citizenship. US citizenship can only be lost through a formal process in front of a US official. Many Americans keep both passports, but get legal advice if keeping your US citizenship matters to you.

People who are Spanish by descent do not have to give up their US citizenship.

Remember: US citizens are taxed by the US wherever they live. Becoming Spanish does not end US tax filing — see Spain Tax Residency.

Once approved, you have 180 days to swear the oath of allegiance (jura) at the civil registry and register as Spanish. Miss it and the approval lapses.

Next, book a police appointment to get your DNI (national ID card) and then your Spanish passport on the DNI and passport appointment site.

Update your bank, employer, Social Security and health card with your new DNI number, and get a new digital certificate. Our services checklist walks through each one.

A Spanish passport is an EU passport: you can live and work anywhere in the European Union.

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