Spanish nationality for minor children
Spanish nationality for children born in Spain
Many parents believe that if their child is born in Spain, they automatically acquire Spanish nationality. This is not the case. A child born in Spain does not automatically obtain Spanish nationality, nor will they be granted residence unless it is formally requested by their parents. For this reason, it is essential to complete all the necessary legal procedures.
Does Spain give citizenship by birth?
Spanish law does not generally grant automatic citizenship simply because a child is born in Spanish territory. In most cases, children born in Spain must first obtain legal residence and later apply for nationality if they meet the legal requirements.
In situations where children cannot acquire Spanish nationality at birth (see our section on Spanish nationality for further details), it is especially important for parents to understand the difference between being born in Spain and actually qualifying for Spanish nationality under immigration and nationality law.
Importance of applying for residence at birth
Applying for residence for a newborn child is a key step. Residence status allows the child to live legally in Spain and is an essential requirement for applying for Spanish nationality at a later stage. The application should be submitted as soon as possible after birth to avoid future complications and to ensure the child has a clear and valid legal status.
Giving birth in Spain citizenship: what parents need to know
Giving birth in Spain does not automatically mean the child becomes Spanish, but it can open the door to a future nationality application if the correct residence process is followed from the beginning.
Having legal residence also facilitates access to Spanish nationality by residence once the child reaches one year of age. In addition, it grants the child the same rights as any other legal resident in Spain, including access to education and public healthcare.
Requirements to obtain Spanish nationality for children born in Spain
To ensure that a child born in Spain can obtain Spanish nationality, certain legal requirements must be met.
Meeting these requirements is essential to guarantee access to Spanish nationality. This process allows the child to access the rights and benefits of Spanish nationality, facilitating their integration into society.
What Spanish legislation does allow, in many cases, is a path to nationality for children born in Spain after a period of legal residence, especially when the residence application has been properly submitted from birth.
Requirements:
✅Legal Residency of Parents: One of the parents must have legal residency in Spain at the time of the child’s birth.
✅ Residency Application for the Newborn: The parent with legal residency must apply for residency for the newborn child.
✅ Application for Nationality: Children born in Spain can apply for Spanish nationality by residency upon reaching one year of age, but this is only possible if their residency was applied at birth.
Spanish nationality for children born outside Spain
If your child was born outside Spain, it may still be possible to pass on Spanish nationality to your minor child.
Requirements for children NOT born in Spain:
Children of foreign nationals born outside Spain may also obtain Spanish nationality if certain conditions are met. The main requirements include:
- Parents must have legal residence in Spain.
- The child must not be an EU citizen or a family member of an EU citizen.
- Proof of continuous residence in Spain for at least two years.
- Parents or legal guardians must demonstrate sufficient financial means or employment to support the child.
Application process and required documentation
Document preparation:
You must provide identification documents for the child, birth certificates, and documentation proving continuous residence and the financial means of the parents.
Residence application:
The first step is to apply for the child’s residence permit in Spain.
Submission of the application:
The nationality application must be submitted at the Civil Registry corresponding to the parents’ place of residence. It’s essential to ensure that all required documentation is complete and correctly prepared.
Why choose us to help you?
At Sterna Lawyers, we have a team of immigration law specialists who will guide you through every step of the process of obtaining Spanish nationality for your children. We understand the importance of this procedure and are here to assist you with any questions or specific circumstances you may have.
Our firm offers:
- Tailored legal advice based on your specific case.
- Full management of the nationality application process.
- Assistance with the preparation and submission of all required documentation.
Book a consultation with a nationality lawyer for minors
📞 Contact us today to schedule a consultation. We are committed to making this process as smooth as possible and ensuring that your children obtain their Spanish nationality efficiently and securely.
Frequently asked questions about long-term residency in Spain
Spanish Nationality for Children Over One Year Old Born in Spain
If your child was born in Spain and you did not apply for residence at birth, it is still possible to apply for Spanish nationality. However, additional requirements must be met.
Children born in Spain may apply for Spanish nationality by residence once they reach one year of age. However, it is essential that they have lived legally in Spain during that time.
Legal residence is typically proven through a residence card that should have been requested at the time of birth.
How Does the Parents’ Residence Status Affect the Process?
If your child was born in Spain and residence was not requested at birth, applying for Spanish nationality is still possible, but additional requirements will apply.
Children born in Spain can apply for nationality by residence after one year, provided they have maintained legal residence in the country during that period.
This legal residence must be demonstrated through a valid residence permit, which ideally should have been obtained at birth.
Spanish Nationality for Children of EU Citizens
If your child was born in Spain and residence was not requested at birth, it is still possible to apply for Spanish nationality, although additional requirements must be met.
Children born in Spain may apply for Spanish nationality by residence after one year of age, as long as they have lived legally in Spain during that time.
Legal residence must be demonstrated through a residence card that should have been applied for at birth.