Many of our clients ask us if it is possible to apply directly for nationality without first obtaining a legal residence and are children born in Spain entitle to Spanish nationality in Spain. To clarify this issue, we have made this news article.
In this post we cover the following: (click any section to see its content)
ARE CHILDREN BORN IN SPAIN ENTITLE TO SPANISH NATIONALITY:
MY CHILD WAS BORN IN SPAIN:
Is Spanish nationality is automatically recognized?
This is correct in in certain cases; a minor born in Spain to foreign parents may be granted nationality with the value of simple presumption but when does this direct recognition of Spanish nationality occur?
This nationality with the value of simple presumption is granted when the minor is born in Spain and neither of the parents’ nationalities recognizes that foreign nationality. This Spanish nationality will be recognized directly if the parents have not recognized or registered the minor as a foreign national at the corresponding consulate.
This recognition of Spanish nationality for these children born in Spain is given so that the minor has a nationality and is not stateless.
This is the case for children born in Spain to Colombian, Argentine, or Brazilian parents, for example.
Here you must bear in mind that the fact that in certain cases this Spanish nationality with the value of simple presumption is recognized for children born in Spain does not mean that all minors born in Spain are Spanish.
In addition to everything we have mentioned, you should also bear in mind that there are several ways to acquire Spanish nationality. In the Civil Code, we find nationality with the value of simple presumption, nationality by option, and nationality by residence.
In cases where children of foreign citizens are not granted Spanish nationality with the value of simple presumption, the doubt that you convey to us is “my child was born in Spain, can I apply for Spanish nationality for them by residence directly?”. This is partly true and correct, but you must keep something in mind, and that is that just like any other foreigner, they must meet a series of requirements.
SPANISH NATIONALITY FOR CHILDREN:
In cases where a minor born in Spain is not recognized as Spanish, because they already have the nationality of one of their parents, this does not mean that they lose the possibility of applying for Spanish nationality. In this case, they can apply for Spanish nationality by residence.
Let’s start from the beginning in this case.
We have already mentioned in other articles that the Civil Code establishes several ways to acquire Spanish nationality by residence:
- One year of residence will be sufficient for:
a) The person born in Spanish territory.
b) The person who has not exercised the right to opt in a timely manner.
c) The person who has been legally subject to the guardianship, curatorship with full powers of representation, custody, or foster care of a Spanish citizen or institution for two consecutive years, even if they continue to be in this situation at the time of the application.
d) The person who at the time of the application has been married to a Spaniard for one year and is not separated legally or de facto.
e) The widow or widower of a Spaniard, if there was no legal or de facto separation at the time of the spouse’s death.
f) The person born outside of Spain to a father or mother, grandfather or grandmother, who were originally Spanish.
As you can see, one year of legal residence will be sufficient for the person born in Spain.
WHAT IS REQUIRED TO OBTAIN SPANISH NATIONALITY FOR CHILDREN:
Here, as with any foreign citizen who obtains Spanish nationality by residence, it is important:
- On the one hand, that they have legal residence in Spain
- And on the other hand, that they meet the established period of time, in this case one year of legal and continuous residence at the time of application.
In this sense, what we want to make clear is that it is necessary to first process a legal residence for the minor who was born in Spain and once that year of legal and continuous residence is covered (from the granting of their residence permit), then process their application for Spanish nationality by residence.
In this case, and so that the minor can access this legal residence, it is necessary that at least one of the parents has legal residence in Spain. Here, what is processed for the minor is an Authorization of Residence for a minor born in Spain.
It is therefore important to make it clear that this is not only a year of staying in Spain.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (Spain citizenship by investment)
- Non-Lucrative visa Spain (Spain visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
DIGITAL ENTRY INTO EUROPE FROM NOVMEBER 2023:
Do you need legal assistance in Spain?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency or Non-Lucrative Residency, Spain or Residency through Investment. This followed by 5 years as a permanent resident and means you can then obtain Spanish Citizenship with a Spanish Passport.