Spanish nationality for Argentines: requirements and routes

If you are Argentine and want the Spanish passport, you have an important advantage over most foreigners: Argentina is an Ibero-American country, so the period to apply for nationality by residence is reduced from the general ten years to only two. In addition, many Argentines do not even need to live in Spain, because they can access nationality as children or grandchildren of Spaniards thanks to the Ley de Memoria Democrática. In this guide we explain the two major routes, the requirements of each one and the Argentine documentation you will have to prepare.

Two very different paths to nationality

First of all, it is worth understanding that there are two completely different routes which should not be confused, because the requirements have nothing to do with each other.

• Nationality by residence: it is for those who live legally in Spain. It requires having legally and continuously resided for a minimum period (two years in the case of Argentines) and meeting a series of additional requirements.
• Nationality through the Ley de Nietos (Ley de Memoria Democrática): it is for descendants of Spaniards and does not require residing in Spain. It can be processed from Argentina, at the consulate.

The key difference is simple: the residence route rewards those who have already settled in Spain; the Ley de Nietos recognises a bond of origin with Spain through your parents or grandparents, wherever you live. We look at them separately below.

Nationality by residence: only 2 years

Since Argentina is an Ibero-American country, its nationals can apply for Spanish nationality by residence after only two years of legal and continuous residence in Spain, instead of the ten years that are generally required. It is one of the greatest benefits for Latin Americans and greatly shortens the process.

That said, those two years must be of legal residence: the years in which you have held a valid residence authorisation count. Time in an irregular situation does not count. For this reason, the first step for most Argentines is to obtain and maintain a residence authorisation for at least two years before being able to apply for nationality.

Requirements you will have to meet

In addition to the two-year period, the law requires:

• Legal and continuous residence for those two years, right before the application.
• Passing the CCSE and DELE A2 exams of the Instituto Cervantes (except for exemptions). The CCSE assesses constitutional and sociocultural knowledge of Spain; the DELE A2, knowledge of the language. As an Argentine, it is very common to be exempt from the DELE for having Spanish as a mother tongue, although the CCSE remains mandatory.
• Proving good civic conduct and having no criminal record, both in Spain and in Argentina.

Argentine documentation

You will have to provide documents issued in Argentina and legalise them with the Hague Apostille:

• Criminal record certificate issued by the Registro Nacional de Reincidencia.
• Updated Argentine birth certificate.

Both documents must be apostilled in order to be valid in Spain. It is advisable to request them in good time, because they usually have a limited validity and may expire during processing.

The Ley de Nietos: nationality without residing in Spain

Many Argentines are descendants of Spanish emigrants, and for them there is a route that does not go through residence. The Ley de Memoria Democrática, popularly known as the "Ley de Nietos", allows children and grandchildren of Spaniards to opt for Spanish nationality of origin without needing to live in Spain or to meet residence periods.

This is the big difference with the previous route: while nationality by residence requires two years settled in Spain, exams and a residence authorisation, the Ley de Nietos is processed directly at the Consulate of Spain in Argentina and is based on proving the family bond with a Spanish ancestor. There is no need to move, nor to pass the CCSE or the DELE.

Those who obtain nationality by this route acquire it as nationality of origin, which has relevant legal effects. The procedure requires gathering documentation that proves the line of descent (birth certificates of your Spanish parents and grandparents, among other documents), so it is advisable to carefully reconstruct the family tree before requesting an appointment.

Dual nationality: you do not lose the Argentine one

A very frequent doubt is whether you have to renounce Argentine nationality. The answer is no. Spain and Argentina signed a dual nationality agreement in 1969, so that Argentines do not lose their nationality when acquiring the Spanish one.

In practice, this means that you will be able to keep your Argentine passport and, at the same time, enjoy all the rights as a Spanish and European Union citizen. It is an important advantage compared to nationals of countries that do require renouncing their nationality of origin.

Common residence routes for Argentines

If your path is that of residence (because you do not have Spanish ancestors or you prefer to settle in Spain), you will first need an authorisation that allows you to accumulate those two legal years. The routes most used by Argentines are:

• Digital nomad residence: very popular among the many Argentine professionals who work remotely for companies outside Spain. You can consult the details in our guide to the digital nomad residence.
• Residence and work: as an employee or self-employed, when you have a job offer or set up your own business.
• Arraigo: for those who have already spent some time in Spain and can prove social, employment or family ties.

Remember that Argentines are exempt from the Schengen visa for short stays of up to 90 days. This makes it easier to come to Spain as a tourist, but it is not equivalent to being able to reside: to stay and start adding up years towards nationality you need a valid residence authorisation.

How to apply and how long it takes

Nationality by residence is applied for electronically and, once granted, is sworn or promised before the Registro Civil. Resolution times can vary quite a lot depending on the Administration's workload; we explain it in more detail in our guide on how long Spanish nationality takes.

For the Ley de Nietos route, the processing is done before the consulate and its timeframes and documentary requirements are different, so it is advisable to get specific information at the consular office that corresponds to you.

Frequently asked questions

How many years of residence do I need as an Argentine?

Only two years of legal and continuous residence in Spain, compared to the general ten years, because Argentina is an Ibero-American country.

Do I have to renounce my Argentine nationality?

No. Thanks to the dual nationality agreement between Spain and Argentina of 1969, you keep your Argentine nationality when acquiring the Spanish one.

How does the Ley de Nietos differ from nationality by residence?

Nationality by residence requires living legally in Spain for two years, passing exams and proving good conduct. The Ley de Nietos (Ley de Memoria Democrática) does not require residing: it allows children and grandchildren of Spaniards to opt for nationality of origin by proving the family bond, even from Argentina.

Do I need a visa to travel to Spain?

For tourist stays of up to 90 days you are exempt from the Schengen visa. However, to reside and accumulate time towards nationality by residence you need to obtain a residence authorisation.

Which Argentine documents do I have to apostille?

For the residence route, mainly the criminal record certificate from the Registro Nacional de Reincidencia and the birth certificate, both with the Hague Apostille.

Notice: this guide is informative in nature and immigration and nationality regulations may change. Always confirm the updated requirements and timeframes with official sources (Ministry of Justice, Ministry of the Interior and the Consulate of Spain that corresponds to you) or consult a professional before starting your procedure.