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

  1. #1
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    Post Spanish Citizenship or Residance Permit for child born in Spain

    Hi,

    Would a baby born in Spain (Barcelona) to a Pakistani father and a Pakistani mother (They do not have resident permit) be entitled to Spanish citizenship? Now his age is 18 Month, and have a libro familia and Spainish birth certificate.Thanks

  2. #2

    Default

    Hello,

    The Law stipulates that if a person is born in SPain, he/she can apply for the Spanish nationality after a year of legal residence. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

    Best Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  3. #3
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    Post immigration

    Quote Originally Posted by Patricia View Post
    Hello,

    The Law stipulates that if a person is born in SPain, he/she can apply for the Spanish nationality after a year of legal residence. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

    Best Regards,

    Hello,
    Thanks for your reply,

    how much possibilities for pakistani parents ( they are illegal in spain ) and child born in spain .Thanks

  4. #4
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    Hello,
    Thanks for your reply,

    how much possibilities for pakistani parents ( they are illegal in spain ) and child born in spain .Thanks

  5. #5
    Junior Member
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    Aug 2012
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    Default Hello Patricia...

    Quote Originally Posted by Patricia View Post
    Hello,

    The Law stipulates that if a person is born in SPain, he/she can apply for the Spanish nationality after a year of legal residence. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

    Best Regards,
    How does this apply for a child born in Spain to Filipino citizens without papers? And does Spanish law grant residency to the child's parents?

  6. #6

    Default

    Hello Atram,

    A child born to Philippine parents is a Philippine national iuri sanguinis, that is, he gets his parentsī nationality even if born out of the country. He would have to wait for one year to apply for citizenship based on the fact that he was born in Spain.

    The childīs parents will be able to apply for legal residency once the child has a legal status in Spain ( Spanish citizenship ). As carers of the children, they will have the right to apply for residency by Family settlement.

    Please feel free to contact me by clicking on my profile if you wish to discuss your particular case.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  7. #7
    Unregistered
    Guest

    Default

    Quote Originally Posted by Patricia View Post
    Hello Atram,

    A child born to Philippine parents is a Philippine national iuri sanguinis, that is, he gets his parentsī nationality even if born out of the country. He would have to wait for one year to apply for citizenship based on the fact that he was born in Spain.

    The childīs parents will be able to apply for legal residency once the child has a legal status in Spain ( Spanish citizenship ). As carers of the children, they will have the right to apply for residency by Family settlement.

    Please feel free to contact me by clicking on my profile if you wish to discuss your particular case.

    Regards,
    How can a new born baby with parents of illegal status in Spain acquire legal stay of 1 year in Spain?

    Thanks

  8. #8

    Default

    Hello,

    The baby will have the same legal status as his/her parents, so if they are in an irregular situation the baby will also be in that situation. If the baby could access legal residency, he/she would be eligible for Spanish nationality after a year.

    In case the baby was apatrida - stateless -, that is, the parents home country did not grant citizenship to children born out of the country, the baby could then apply for Spanish nationality by Simple presuncion, that is, by assuming the baby acquired Spanish nationality by being born in Spanish territory.

    In any case, children are not obliged to have an ID until they are 14, so you have plenty of time to arrange your residency status.

    Best Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  9. #9
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    Join Date
    Oct 2012
    Posts
    1

    Default

    Respected Patrcia..
    My name is Ahmed. I would like to know that I got married with spain national. And Me and my wife are living in UK I am still waiting for my resident permit of UK I would like to ask Is it important to live for one year in spain to apply for spain passport or Is it possible that If we register in spain and come back again to UK ? And When I can apply for spanish passport I mean How long it takes to apply for Spain passport ?


    Best Regards
    Ahmed

  10. #10

    Default

    Hello Ahmed,

    Yes, you are certainly required to prove one year of legal residence ( not only living in the country, but holding the corresponding Residence card as a relative of an EU citizen ) in Spain if you wish to apply for Spanish nationality based on your marriage to a Spanish citizen.

    The process to apply for it is simple thought the resolution can take between 3 and 8 months, depending on the province where you apply. The average period of time the Nationality application takes to be resolved once you file the application, that is, after a year of having got the residence car, also varies, as it can take up to 18 months depending on the corresponding Civil Registry.

    If you wish to get more information on how to apply for the residence card of have more detailed questions, feel free to drop me an e-mail; you will find my contact details after clicking in my profile.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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