Spanish nationality for minor children

Do children born in Spain automatically become Spanish citizens?

Many parents assume that if their child is born in Spain, they automatically gain Spanish nationality. However, this is not the case. A child born in Spain does not automatically acquire Spanish nationality, nor does birth in Spain grant them residency status unless the parents apply for it. Completing the necessary procedures is essential to ensure your child’s legal status. 

For cases where children cannot access Spanish nationality at birth, specific criteria apply (see the section on Spanish nationality for detailed scenarios). 

Spanish Nationality for Children Born in Spain

If your child was born in Spain, they can apply for Spanish nationality under certain conditions. This process, commonly referred to as nationality by residence, becomes available after they have resided legally and continuously in Spain for one year. However, this is only possible if their residency was granted shortly after birth. 

  1. At least one parent must have legal residency in Spain at the time of the child’s birth. 
  1. The parent with legal residency must apply for a residency permit for the child immediately after birth. 
  1. Once the child has completed one year of legal and continuous residence in Spain, they can apply for Spanish nationality. 

The key here is to act promptly and ensure all necessary applications and registrations are done within the required timelines. This includes registering the child at the local registry and obtaining their residency card. 

Spanish Nationality for Children NOT Born in Spain

For children born outside Spain, Spanish nationality can still be obtained under specific circumstances. This process applies to foreign minors whose parents have legal residency in Spain. 

    1. The child must not be a citizen of the European Union or a family member of an EU citizen. 
    1. Continuous residence in Spain for at least two years is required for eligibility. 
    1. The parents or legal guardians must demonstrate stable employment or sufficient economic resources to support the child. 

For minors who enter Spain through family reunification processes, it is particularly important to start their residency applications as soon as possible to ensure the path toward nationality. 

Steps to Apply for Spanish Nationality for Minor Children

  1. Apply for Residency: 
    1. For children born in Spain, apply for their residency immediately after obtaining their birth certificate. For those born abroad, ensure they have a valid residency permit. 
  2. Continuous Residence: 
    1. Maintain the required period of residence: one year for children born in Spain and two years for those born abroad. 
  3. Gather Documentation: 
    1. Birth certificate. 
    2. Proof of parents’ legal residency and employment or financial stability. 
    3. Residency card of the child. 
  4. Submit the Application: 
    1. The application for Spanish nationality can be submitted at the local Civil Registry or via telematic means for quicker processing. 

Frequently Asked Questions about Spanish Nationality for Minor Children (FAQs)

No, the minimum residence requirement must be met. However, applications should be prepared in advance to ensure timely submission

Yes, children born in Spain only need one year of legal residency to apply for nationality, compared to two years for those born abroad. 

Delays in registration and residency applications can complicate the process of acquiring nationality later. Acting quickly ensures smoother proceedings. 

Why Choose Us?

Navigating the process of obtaining Spanish nationality for your child can be challenging. At Sterna Abogados, we specialize in immigration and nationality law, offering personalized guidance every step of the way. Whether your child was born in Spain or abroad, our team ensures your case is handled efficiently and professionally.