Spain as a Route to Residency and Future Dual Citizenship for Peruvian Citizens
PART I
Spain offers Peruvian citizens a particularly favorable combination of immigration options and future access to citizenship. There is no single “special visa for Peruvians,” but there are two important legal advantages. In certain employment procedures, Peruvian citizens are exempt from one of the main obstacles involved in hiring foreign workers. In addition, Peruvians by origin only need two (2) years of residence before they can apply for Spanish citizenship, rather than the standard period of ten years.
However, it is important to distinguish carefully between studying in Spain, residence and employment, non-lucrative residence, and Spanish citizenship. These situations do not have the same legal consequences, and not all time spent legally in Spain counts toward citizenship.
1. Why is Spain particularly attractive to Peruvian citizens?
The relevant legal category is “nationals by origin of Ibero-American countries,” along with nationals of Andorra, the Philippines, Equatorial Guinea and Portugal, as well as Sephardic Jews. Peru is included in the Ibero-American group. Nationals by origin of these countries only need two (2) years of legal and continuous residence immediately before submitting their application. The standard period is ten years.
The second advantage for Peruvians concerns employment. To obtain an initial residence and employee work authorization, the general rule requires proof that the national employment situation allows a foreign worker to be hired. However, official Spanish information expressly recognizes Chile and Peru as countries with international agreements that allow this requirement to be satisfied.
These two advantages can make Spain particularly attractive to Peruvians who genuinely intend to settle there permanently.
2. First option: studying in Spain
An authorization to stay for study purposes allows a person to remain in Spain for more than ninety days to complete higher education or certain types of post-compulsory education. Higher education includes official university programs, university degrees issued directly by the institution, advanced vocational training and advanced arts education, among other programs.
Applicants must provide proof of admission to a recognized institution, payment of tuition or enrollment fees, sufficient financial resources, health insurance and a passport that is valid for at least one year. As a general rule, students must demonstrate monthly resources equal to 100% of the IPREM. When the stay exceeds six months and the applicant is an adult, criminal record certificates are also required from the countries where the applicant has lived during the previous five years.
Peruvian public documents submitted to Spanish authorities must be apostilled when required. Foreign documents that are not in Spanish must be translated by a sworn translator.
Can a student work?
Yes, but certain restrictions apply. Under the current rules, some holders of a long-term authorization to stay for study purposes may carry out employment activities that are compatible with their studies. The general limit is thirty (30) hours per week.
This can make studying an interesting option for young professionals. They can study, gain work experience and later change their status to a residence and work authorization. Once the student has obtained the relevant qualification or certificate and meets the remaining requirements, Spain’s Immigration Regulations allow certain long-term study authorizations to be changed to residence and work status. The person does not need to apply for a new visa from abroad.
However, there is one very important warning
Time spent in Spain as a student should not be confused with legal residence for the purpose of obtaining Spanish citizenship.
Spain’s National Court has confirmed that a person’s presence under a student card or an authorization to stay for study purposes does not meet the “legal residence” requirement established in Article 22.3 of the Civil Code for acquiring citizenship through residence.
A Peruvian citizen could therefore study in Spain for two years, but this does not mean that the person can automatically apply for citizenship at the end of those two years. To start counting the reduced period of two years, the person will normally need to change to an actual residence authorization.
3. Second option: residence and employment with an employment contract
This may be one of the most attractive options for Peruvian citizens.
The initial temporary residence and employee work authorization is applied for by the Spanish employer, not initially by the employee. It requires a signed employment contract with a start date that is conditional upon approval of the authorization. The employer must be properly registered with the Social Security system, must be current with tax and employment obligations, and must demonstrate sufficient financial capacity.
The particular advantage for Peruvian citizens
Hiring a non-EU citizen from abroad can normally be difficult because the employer must demonstrate that the national employment situation allows the person to be hired. In general terms, this means that the position must be difficult to fill or that the employer must show that it could not be adequately filled by workers who were already available in the Spanish labor market.
For Peruvian citizens, the administrative regulations recognize the existence of an international agreement that allows this condition to be considered satisfied. This is a considerable advantage.
It does not mean that a Peruvian citizen will automatically receive a work authorization, but it removes one of the main obstacles in the standard procedure.
The employee will still need to meet other requirements. These include holding a valid passport, having no criminal record, possessing the necessary professional qualifications when applicable, and having a genuine employment contract. The employer must also demonstrate sufficient financial capacity and compliance with Spanish employment conditions.
Procedure: First, the employer submits the authorization application electronically in Spain using form EX-03. The authorities have a statutory period of up to three months to issue a decision. Once the application has been approved, the employee has one month from the date on which the employer is notified to apply in person for a visa at the Spanish Consulate responsible for the employee’s place of residence.
At the consular stage, the employee must submit several documents. These include a passport that is valid for at least one year, a criminal record certificate, a medical certificate and proof of payment of the visa fee. Once the visa has been granted, the employee enters Spain and is registered with the Social Security system. The employee then applies for a Foreigner Identity Card, known as the TIE.
Peruvian public documents used in the procedure must be apostilled when required. Documents issued in other languages must be translated into Spanish by a sworn translator.
Effect on a future citizenship application: Unlike time spent in Spain under a study authorization, time spent under a residence and work authorization constitutes legal residence. A Peruvian citizen by origin can therefore begin counting the required period of two years from the start of this residence, provided that the residence is continuous and immediately precedes the application.
4. Third option: living in Spain on passive income
The following option is available to retirees, pensioners, investors and financially independent people who do not need to work in Spain:
Temporary non-lucrative residence: This authorization allows a person to reside in Spain without carrying out employment or professional activities. In principle, it must be applied for from the country where the applicant legally resides.
The main applicant must demonstrate monthly financial resources equal to 400% of the IPREM, which is 600 x 4 = €2,400.00. An additional 100% of the IPREM is required for each accompanying family member. The applicant must also have medical insurance that is valid in Spain, have no criminal record, provide a medical certificate and hold a passport that is valid for at least one year.
Financial resources may be demonstrated using different forms of evidence. In practice, a strong application may be based on pensions, annuities, rental income, dividends, interest, investments or sufficient financial assets. The applicant must be able to provide documentary evidence that the funds are genuinely available and that no employment or professional activity in Spain will be necessary. The authorities accept property titles, financial documentation and bank certificates, among other forms of evidence.
The initial residence authorization is valid for one year from the date of entry into Spain. The applicant must apply for the TIE within one month of entering the country.
The main advantage for a Peruvian citizen: Non-lucrative residence is genuine residence, not simply authorization to stay in the country. A Peruvian citizen by origin who legally maintains this residence for two years may therefore, in principle, complete the minimum period required to apply for Spanish citizenship.
For a retired person or someone with sufficient assets, this may be one of the simplest routes:
Peru → non-lucrative residence → two years of legal residence → application for Spanish citizenship.
Citizenship is not granted automatically after two years. Completing the two years allows the person to submit an application, which must then be evaluated by the Ministry of Justice.
5. The main benefit: Spanish citizenship after two years
Article 22 of the Spanish Civil Code establishes a general residence requirement of ten years for citizenship applications. This period is reduced as follows:
| Situation | Required period of residence |
|---|---|
| General rule | 10 years |
| Refugees | 5 years |
| Nationals by origin of Ibero-American countries, including Peru | 2 years |
| Married to a Spanish citizen, provided that the applicable conditions are met | 1 year |
| Born in Spain and other special circumstances | 1 year |
In every case, the residence must be legal and continuous, and it must immediately precede the application. The applicant must also demonstrate good civic conduct and a sufficient level of integration into Spanish society.
This means that simply being physically present in Spain for two years is not enough. The person must hold an actual residence status throughout that period.
6. Main requirements for applying for citizenship
Once the relevant residence period has been completed, the application for citizenship through residence is submitted to the Ministry of Justice, preferably online. The documents normally required include the TIE, a complete and valid passport, previous passports when relevant, a birth certificate, a criminal record certificate from the country of origin, and evidence that the applicant has completed the relevant integration tests. Foreign certificates must be legalized or apostilled and translated when necessary.
The administrative fee currently published for an application for citizenship through residence is EUR 104.05. This amount may be changed through the national budget.
Language advantage for Peruvians by origin: Nationals of countries where Spanish is an official language are exempt from taking the DELE A2 examination to demonstrate their knowledge of Spanish. The Ministry of Justice requires proof of this status through a passport or certificate of citizenship.
However, applicants will normally still need to take the CCSE test, which covers constitutional and sociocultural knowledge of Spain.
7. Does a Peruvian citizen have to renounce Peruvian citizenship to become Spanish?
One of the most important advantages is that the Civil Code exempts nationals by origin of Ibero-American countries from the general requirement to declare that they renounce their previous citizenship when acquiring Spanish citizenship. In general terms, a Peruvian who legally acquires Spanish citizenship may therefore retain Peruvian citizenship.
In practice, the person may become both a Peruvian citizen and a Spanish citizen.
Spanish citizenship also provides citizenship of the European Union and the rights associated with it under European Union law. This includes the right to reside and work in other member countries under conditions similar to those applicable to local citizens. The person must establish residence and, of course, pay the taxes required in each member country.
8. What happens if Peruvian citizenship was obtained through descent?
There is a very important legal distinction in this situation. The Peruvian Constitution states that Peruvians by birth include both people born within Peruvian territory and people born abroad to a Peruvian father or mother whose births are entered in the relevant registry, either through a Peruvian consulate or RENIEC in Peru.
The Peruvian Ministry of Foreign Affairs even allows adults born abroad to be registered as Peruvian when one of their parents is Peruvian by birth.
A person who was born in the United States, Canada or Europe, for example, but obtains Peruvian citizenship by registering the birth as the child of a parent who is Peruvian by birth, is therefore in a very different legal position from someone who later becomes Peruvian through naturalization.
Spain requires a person to be a “national by origin of an Ibero-American country” to qualify for the period of two years. If Peruvian law recognizes the person as Peruvian by birth, there is a solid legal basis for considering that person a Peruvian national by origin for the purposes of Article 22 of the Spanish Civil Code.
Peruvian citizenship obtained through descent should therefore, in principle, provide access to the benefit of two years when it legally constitutes Peruvian citizenship by birth. However, the person must be able to provide proper evidence of this status.
9. What if the person became Peruvian through naturalization?
The answer is different. The Peruvian Constitution expressly distinguishes between:
• Peruvians by birth
• People who acquire Peruvian citizenship through naturalization
Article 22 of the Spanish Civil Code does not simply refer to “Peruvian citizens.” It refers to “nationals by origin” of Ibero-American countries.
A person who was born with another citizenship and later became Peruvian through naturalization should not assume that the reduced period of two years automatically applies.
The Cervantes Institute uses the same distinction for the DELE exemption. The exemption for nationals of Spanish speaking countries requires the citizenship to be held by origin rather than acquired later.
Consequently:
A Peruvian by birth or through descent that is legally recognized as citizenship by origin has a solid basis for relying on the period of two years.
A person who is Peruvian solely through naturalization should not assume that the same benefit applies. The required period will need to be determined according to the person’s original citizenship and other personal circumstances.
This distinction can be decisive for people who were not born in Peru, obtained Peruvian citizenship and later intend to use it as a route to Spanish citizenship.
10. Practical examples
Case A: A Peruvian born in Lima with a Spanish job offer. A Spanish company hires him. Because he is Peruvian, the employment application may benefit from the international agreement concerning the national employment situation. He obtains residence and work authorization, maintains legal residence for two (2) years and can then apply for Spanish citizenship.
Case B: A retired Peruvian woman with a pension and investments. She obtains non-lucrative residence by demonstrating sufficient financial resources and medical insurance. After two years of legal and continuous residence, she can apply for Spanish citizenship.
Case C: A Peruvian completing a two year master’s degree. His student status allows him to study and to work within the applicable limits. However, those two years do not automatically count toward citizenship. Once he changes his authorization to residence and work status, the residence period relevant under Article 22 begins.
Case D: A US citizen whose father is Peruvian by birth. If he registers his birth and legally acquires the status of Peruvian by birth, there may be a basis for later using the preferential rules that apply to Peruvian nationals by origin in Spain.
Case E: A US citizen who becomes Peruvian through naturalization after living in Peru. Acquiring Peruvian citizenship through naturalization does not mean that the person can assume that Spanish citizenship will be available after only two years. Spanish law requires Ibero-American citizenship by origin.
Conclusion
Spain offers Peruvians a particularly favorable immigration situation, but the strategy should be planned from the beginning.
For someone who wants to study, a study authorization provides access to education and a limited ability to work. However, it is not the best option when the main objective is to begin accumulating the two years required for citizenship immediately.
For someone with a genuine job offer, the residence and employment route provides an important advantage. Peruvian citizens, together with Chilean citizens, benefit from international agreements in relation to the national employment situation.
For retirees, investors and financially independent people, non-lucrative residence may be particularly attractive. It allows a person to reside legally in Spain without working, and this period can count toward citizenship.
Finally, the right to apply for citizenship after two years should only be considered available to people who can demonstrate that they are Peruvian by origin. Peruvian citizenship obtained through descent and recognized by Peru as citizenship by birth may provide this benefit. Peruvian citizenship acquired later through naturalization should not automatically be treated in the same way.
When planning immigration properly, the question should not simply be, “Which visa can I obtain?” The better question is, “Which residence status will allow me to achieve my long-term goals regarding employment, tax stability and possible dual citizenship within the shortest period permitted by law?”
Next week, we will publish Part II of this report. We will explain the Spanish citizenship procedure itself, the requirements, how the application is handled, which documents are needed from the country of origin and from Spain, and how to prove residence.
Frequently Asked Questions About Spanish Residency and Citizenship for Peruvians
No. Time spent in Spain under an authorization to stay for study purposes is not considered legal residence for a citizenship application. The period of two years will normally begin only after the student changes to an actual residence authorization.
Yes. The Spanish employer must apply for the initial residence and work authorization. Peruvian citizens benefit from an international agreement that removes the usual requirement to prove that the position could not be filled through the Spanish labor market. All other requirements still apply.
Certain students with a long term study authorization may work for up to thirty hours per week, provided that the employment is compatible with their studies. After completing the relevant qualification, they may also be able to change to residence and work status without applying for a new visa from outside Spain.
Yes. Non-lucrative residence is considered legal residence and can count toward the period required for a Peruvian citizen by origin to apply for Spanish citizenship. The residence must remain legal and continuous.
The main applicant must demonstrate monthly financial resources equal to 400% of the IPREM. Based on the amount used in the article, this is €2,400 per month. An additional 100% of the IPREM is required for each accompanying family member.
Peruvian citizens by origin are normally exempt from the DELE A2 language examination because Spanish is an official language in Peru. However, they will generally still need to take the CCSE test on Spanish constitutional and sociocultural knowledge.
Possibly. A person born abroad to a Peruvian parent may be recognized under Peruvian law as Peruvian by birth after the birth is properly registered. If the person can prove that Peruvian citizenship is held by origin, there is a solid legal basis for applying the reduced period of two years.
Not automatically. Spanish law grants the reduced period to nationals by origin of Ibero-American countries. A person who acquired Peruvian citizenship later through naturalization should not assume that the same rule applies. The required residence period will depend on the person’s original citizenship and individual circumstances.
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