The interest of foreign citizens in Spain in terms of place of residence is constantly growing. Therefore, it is not surprising that the number of children born to the newly-made inhabitants of the Kingdom also increases proportionally from year to year.
But do all children born in the country have the right to be considered a citizen of Spain?
In this article, we will consider this issue from 3 points of view, when the child was born:
– from residents of Spain (not members of the EU, EEA and Switzerland)
– from an international couple, where one of the parents is a Spanish citizen
– from non-residents of Spain
1. Children born to residents of Spain (not EU members)
In this case, the child is entitled to preferential treatment of Spanish citizenship, but not immediately. By law, he first joins the residence of one of the parents, who legally resides in the country, and only then has the right to apply for citizenship.
It is important to follow these steps:
– registration of birth in the civil status office at the location in the period from 24 hours to 8 days after childbirth in order to obtain a birth certificate;
– registration of a child at the Consulate of his country of residence and registration of a passport for a newborn;
– registration of a residence permit in Spain for one of the parents.
!!! However, it is not necessary that both have a Spanish residence. One of a pair is enough.
After 1 year of legal residence of the child in the country, resident parents can apply for citizenship for him, but only with the mutual consent of both parties. You can do this later at any time before the onset of his majority.
After 18 years, he himself will have to apply for citizenship, if his parents, for certain reasons, have not done so earlier. This is the most time-consuming and time-consuming process, since it requires passing language proficiency exams, providing a police clearance certificate, etc.
this rule does not apply to persons who have a student visa. Therefore, if the couple are both students, they cannot apply for citizenship to their child. To begin with, one of them must modify the residence permit and then begin the process of filing documents.
2. Children born in a couple where one of the parents is a Spanish citizen
In this case, you do not need to go through the above procedures. The child receives Spanish citizenship upon birth. And even if the fact of birth was recorded outside Spain, but one of the parents is Spanish, the child has the right to apply for citizenship.
3. If both parents do not have a residence permit in Spain (for example, immigrants from the former USSR), but the child was born in Spain
In this case, he has the right to obtain citizenship one year after the legalization of his stay in Spain. Those. if the parents arrived on a tourist visa and decided to give birth in Spain, then the child has the right to apply for citizenship a year after receiving a residence permit, according to an accelerated procedure for children born in Spain.
If you have any questions on this topic or need a full consultation, please contact us. We will be happy to help with all questions and resolve any issues you may have.