Many of our clients ask, if my child was born in Spain, can I apply for their Spanish nationality?
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If my child was born in Spain, can I apply for their Spanish nationality?
- MY CHILD WAS BORN IN SPAIN »
- SPANISH NATIONALITY FOR CHILDREN »
- CITIZENSHIP THROUGH RESIDENCE »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
MY CHILD WAS BORN IN SPAIN:
A child born in Spain to foreign parents can be recognized with nationality by simple presumption, but when does this direct recognition of Spanish nationality occur?
Nationality by simple presumption is granted when a child born in Spain is not recognized with any foreign nationality by their parents’ countries. This permits Spanish nationality to be directly recognized in cases where the parents have not registered the child as a foreign national with the corresponding Consulate.
This recognition of Spanish nationality for these children born in Spain ensures that the child has a nationality and is not stateless.
This is something which applies to children born in Spain to Colombian, Argentinian, or Brazilian parents, for example.
It is important to note that just because Spanish nationality by simple presumption is recognized for some children born in Spain, this does not mean that all children born in Spain are Spanish.
There are various ways to acquire Spanish nationality, as outlined in the Civil Code. These include nationality by simple presumption, nationality by option, and nationality by residence.
For those cases where children of foreign citizens are not granted Spanish nationality by simple presumption, the question arises: “My child was born in Spain, can I apply for Spanish nationality for them by residence?” This is mainly true, but it is important to understand that, certain requirements must be met.
SPANISH NATIONALITY FOR CHILDREN:
In cases where a child born in Spain is not recognized with Spanish nationality, because they already hold the nationality of one of their parents, it does not mean they cannot apply for Spanish nationality. In this case, they can apply for Spanish nationality by residence.
The Spanish Civil Code establishes various ways to acquire Spanish nationality by residence:
- “To be granted nationality by residence, the residence period must have lasted ten years. Five years are sufficient for those who have obtained refugee status, and two years for nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal, or Sephardic Jews.
- A one-year residence period is sufficient for:
– Those born in Spanish territory.
– Those who did not exercise their right to opt.
– Those who have been under the legal guardianship, custody with full powers, care, or fostering of a Spanish citizen or institution for two consecutive years, even if they continue in this situation at the time of application.
– Those married to a Spanish citizen for one year and are not legally or de facto separated.
– Widows or widowers of Spanish citizens, if not legally or de facto separated at the time of the spouse’s death.
– Those born outside Spain to a Spanish parent or grandparent who was originally Spanish.”
As you can see, only one year of legal residence is required for those born in Spain.
CITIZENSHIP THROUGH RESIDENCE:
Any foreign citizen seeking Spanish nationality by residence, should be aware:
- That the child has recognized legal residence in Spain.
- That the child meets the required period, in this case, one year of legal and continuous residence at the time of application.
Therefore, it is necessary first to obtain legal residence for the child born in Spain. Once the child has completed one year of legal and continuous residence (from the granting of the residence permit), you can apply for Spanish nationality by residence.
In this case, for the child to obtain legal residence, at least one of the parents must have legal residence in Spain. What is processed for the child is a Residence Authorization for a child born in Spain.
Thus, it is important to clarify that it is not a matter of one year of stay in Spain from the child’s birth, but of legal residence, meaning the child must have a previously recognized residence authorization.
The benefit of being born in Spain regarding Spanish nationality by residence lies in the reduction of the required prior residence period. This benefit is especially noticeable for children with nationalities such as Moroccan, Chinese, American or United Kingdom.
A child of any one of these nationalities born in Spain will only need one year of legal and continuous residence, while a child of any one of these nationaliteis not born in Spain needs ten years of legal and continuous residence to obtain Spanish nationality by residence.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (residence in Spain by investment)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCE OR CITIZENSHIP IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
