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Thread: Spanish Citizenship or Residance Permit for child born in Spain

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  1. #1

    Default

    Hello Vasu,

    When a child is born in Spain to foreign parents, he/she is not entitled for the Spanish Nationality right away.

    The baby will have the same status as his/her parents and the same duration; in this case a relative of student visa status, that does not involve residency and cannot lead to the Spanish nationality after one year of legal residence. If your wife is able to shift to a residence permit, and gets a resident´s status, you will be able to apply for the baby´s Spanish Nationality once he has completed one year of legal residency.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  2. #2
    Junior Member
    Join Date
    Aug 2017
    Posts
    1

    Default

    Hello,

    We're an Iranian couple who arrived two months ago in Spain on Type-D visas. She is pregnant and due to deliver in February, and we're wondering if baby will receive Spanish citizenship.

    We've received contradictory advice. Some says at least one parent has to be Spanish or baby won't receive Spanish citizenship if parents' country bestows automatic citizenship on the children of its citizens wherever they're born (Iran is one of those countries).

    But other sources say persons born in Spanish territories can apply for citizenship after a year of residency inside Spain, even if their parents are not Spanish.

    Would you please tell us your opinion? We've had so much contradictory feedback, we don't know who to believe anymore. And we find it amazing that such a seemingly simple question could possibly have so many different responses. In the US, there's only ONE AND ONLY ONE response. Anyone born in US is automatically an American, end of story. No ifs or buts. Does not depend at all on who parents or where they came from or their legal status.

    As explained: parents are legal residents of Spain, holding Type-D residency. Arrived here two months ago.

  3. #3

    Default

    Hello Alex

    Any applicant born in Spain can apply for the Spanish nationality after having been legally residing in Spain for one year, regardless his/her parents´nationality. The process is called Spanish Nationality application By Residence.

    The Official information cam be found here.

    Regards
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  4. #4
    Ajay
    Guest

    Default Eligible to work after my son gets his Spanish Passport

    Hi there,

    We both are Indian nationals, my wife she's got the temporary residence for two years, the right to live and work in Spain.

    In my case I've just got the temporary residence for a year to live but can't work as I'm dependant on my wife.

    My son who's 3+ yrs old have got his two year residence and just last month we've applied for his Spanish Passport that will take a couple of years I believe to get it in our hands.

    My question to you is the day when my son gets his Spanish Passport, from that moment am i eligible to work legally in Spain.

    Thank you for your time. I look forward to hearing from you.

  5. #5

    Default

    Hello Ajay


    Once your son is a Spanish National you can apply for the residence permit by Family Settlement ( Arraigo Familiar ) and that type of permit will allow your work.

    Regards
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  6. #6
    RobParikh
    Guest

    Default Unmarried American Father having Child with Colombian Mother

    Hello.. thanks for the useful information.

    I am an American who is having a baby with Colombian woman. We are planning to be in Spain at the time of birth.

    1. Will the child be eligible for Spanish citizenship based on the mother being Colombian?
    2. Since I am American and would need to register the birth, would the child obtain Colombian citizenship based on #1
    3. We will both be on tourist visa admission into Schenghen

    Thanks for any help you can provide.

    -Rob

  7. #7

    Default

    Hello RobParikh,

    The baby can get the Spanish Nationality as Colombia is not recognizing children born abroad to Colombian citizens, but the US does, so if you register his birth, the authorities may consider the child is an US citizen. Anyway, the Civil registry studies each case in particular and may as well grant the Spanish Nationality. It is worth a try.

    Regards,

    Patricia
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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