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Unregistered
06-19-2012, 01:53 AM
Hello
I am going to apply for spanish nationality on the basis of 10 years residence in Spain this month . Mine family is also residing with me. Mine older son is 20 years old and the younger one is 16 .

The confusion is ,

1. Is their any how , mine older son can also get nationality with me , because i have heard that in case that the individual(child) is studying , his age might be considered till 21 or 22 instead of 18 ??? is their any possibility like this ???
OR
2. Can i apply for my son after i get mine nationality ? because there are some articles in the nationality law , which says for example !

A. those who had been under legal tutelage or protection of a Spanish citizen or institution for two consecutive years

B. those individuals that were under the tutelage of a Spanish citizen [In this case , won't i be considered a spanish once i get the Spanish nationality] !!!

C. Foreigners under 18 years of age who are adopted by a Spanish national acquire, from the moment of adoption, Spanish nationality by origin.[6] If the adoptee is 18 years or older, he or she can apply (lit. "opt") for Spanish nationality

http://en.wikipedia.org/wiki/Spanish_nationality_law


THE POINT IS , IS THEIR ANY HOW , MY SON CAN GET NATIONALITY WITH ME OR AFTER I GET MINE ? any advice you would like to give me !


Thanks : )

Patricia
09-06-2012, 01:50 PM
Hello,

Once you obtain your nationality, your underage children can apply for nationality by option ( a very quick and straightforward process ), regardless of their residency status. The age limitation is 20 years old. After turning 20, they could only apply for citizenship after 10 years of legal residency, losing the possibility to apply by option. Therefore you 16 years old child can apply after you become a Spanish citizen but your 22 years old son cannot, initially. If your sonĀ“s current national Law did not allow his emancipation before 18, he would be granted 2 years since the emancipation takes place. That means that depending on when the legal emancipation is your son is determined by his national Law, two years should be granted on top; in the event he was declared to be emancipated at the age of 21, he would still be in time to apply for citizenship by option. The age to be considered is not the age when the father obtained the Spanish nationality, but their age at the time they apply for citizenship.

You can check this information at the Civil Code, article 20, section 2.c (http://http://noticias.juridicas.com/base_datos/Privado/cc.l1t1.html).
Regards,

Unregistered
09-14-2012, 12:50 PM
Thank you for your reply .

The issue is a little bit complicated . I completed my 10 years in May 2012 . When i went to apply for nationality into governmental office , they gave me the appointment date of November . like 6 months later .
On the other hand , my son turned 21 in july , means that when i completed my 10 years and i was eligible to apply for nationality , my son was still 20 .he also was eligible to apply with me by option ,We went there for application But due to the appointment date i ve got , he missed his age limit , however the residence permit he has got and all , it is mentioned that he is dependent on me .

Now is their any way i can prove it !! any way he can do it with me !! if i go to court or something !! Please guide me .

Kindest Regards .

Patricia
09-21-2012, 03:35 PM
Hello,

I am afraid that there is no possibility for your son to apply for citizenship together with you.

Your son can only apply for that type of nationality by option if he complies with the main requirement that is, being the son of a Spanish citizen. That means that he cannot apply until Spanish citizenship has been granted to you, that is, you need to become a Spanish citizen before your children can apply. The age of your children are considered at the time the Spanish Nationality has been granted to you and not the time when you have turned eligible ( after 10 years of legal residency ). Therefore, the conclusion is that your older son will have to wait to complete 10 years of legal residence before applying.

Your younger son will be able to take advantage of the possibility to apply for citizenship by option, depending on when you will be granted nationality. If he has not turned 20 by then, he will be able to apply. Otherwise, he will have to wait, just like your older son, to complete the 10 years. The usual timeframe for the Nationality applicationsĀ“ resolutions is normally 2-3 years, so if you start the proceedings in November and your son is now 16, he will possibly have the opportunity to apply for Nationality by option.

There are no legal grounds to take the case to the courts of Justice as the Civil Code is very clear in this respect.

Regards,