Did you know that some children born in Spain to foreign parents can acquire Spanish nationality without residency requirements? The process, known as “nationality by simple presumption,” ensures that children are not left stateless and can access the rights and protections of Spanish citizenship.
What Is Spanish Nationality by Simple Presumption?
Spanish nationality by simple presumption applies to children born in Spain whose parents’ national laws do not automatically confer their nationality due to the child being born outside their territories. This legal provision protects children from becoming stateless and allows them to acquire Spanish nationality.
Spain follows the ius sanguinis principle, meaning nationality is primarily transmitted through parental bloodlines, regardless of the place of birth. However, for children who would otherwise lack a nationality due to specific circumstances, Spanish law steps in with a safeguard through Article 17.c) of the Civil Code, granting nationality by simple presumption.
Eligibility for Nationality by Simple Presumption
Children born in Spain are eligible for this process if both parents:
- Are foreign nationals.
- Come from specific countries where nationality is not automatically conferred to children born abroad.
List of Eligible Nationalities
Parents must be from one of the following countries, either both from the same country or from a combination of the countries listed below:
- Argentina
- Bolivia
- Brazil
- Cape Verde
- Colombia
- Costa Rica
- Guinea Bissau
- Panama
- Paraguay
- Peru
- Portugal
- Sao Tome and Principe
- Uruguay
Special Cases:
- Ecuador: Only applies to children born before October 20, 2008.
- Morocco: Eligibility exists if the mother is Moroccan and the father is from one of the eligible countries.
- Palestine: Cases vary significantly based on mixed marriages and the laws of the non-Palestinian spouse’s country. Legal consultation is necessary.
- Cuba: As of January 1, 2018, children born to Cuban parents in Spain are no longer eligible due to changes in Cuban law.
Required Documents
To apply for Spanish nationality by simple presumption, you must provide:
- Literal Birth Certificate: Issued by the Civil Registry where the child was born in Spain.
- Family Census Certificate: Demonstrating the family’s residence.
- Parental Nationality Certificate: Issued by the Consulates of both parents.
- Certificate of Non-Registration: Issued by the parents’ Consulates, confirming the child has not been registered as a national of either parent.
Why Apply for Spanish Nationality by Simple Presumption?
Acquiring Spanish nationality ensures the child’s access to education, healthcare, and legal rights in Spain. It also allows the child to benefit from the freedom of movement and work opportunities within the European Union.
For families residing in Spain temporarily or permanently, securing a child’s nationality provides stability and integration into Spanish society.
Optimize Your Application for Spanish Nationality Today
Navigating the legal intricacies of nationality by simple presumption can be challenging. At Sterna Abogados, our experienced immigration lawyers specialize in assisting families with applications for Spanish nationality. We provide personalized support, ensuring your application is complete, accurate, and submitted on time.
Start the process to secure Spanish nationality for your child:
- Email: info@sternaabogados.com