Spanish Citizenship or Residance Permit for child born in Spain

[leems]

I just want to know something, my friend want to born thier baby in spain,
father was from the Philippines and mother was from perú, how much possibilities
for Filipino father and perúvian mother, they are illegal. kindly regards. lee

[Patricia]

Hello Lee,

Children born to Peruvian parents can be considered stateless if the parents refuse to register the baby at the Peruvian consulate in Spain, so there is a possibility for the child born in Spain to Peruvian parents to apply for the Spanish Nationality by naturalization based in the statelessness; However if the father is from the Philippines, the child is considered a Philippine national, as this country considers children born to Philippine parents as Philippines by birth, and in this case the child is not considered stateless for the Spanish authorities.

Nevertheless, I recommend your friend to make an inquiry at the closest Civil registry. In any case, the child is eligible for the Spanish nationality after one year of legal residency, if he is born in Spain.

Regards,

[Unregistered]

Hi Patricia,

Could you please tell us, what would be the case for a baby born in Spain, from Serbian parents legally living in Spain less then a year (having residence permits)?

Many thanks!

[Patricia]

Hello,

The baby will be born Serbian ( you can register the baby at the corresponding consular office and obtain his passport ) , but as he gets the same right to reside in Spain as you, after the baby turns one year, you will be able to apply for his/her Spanish Nationality.


Regards,

[Sebastian]

Baby Girl born in Spain, polish parents living over 2 years, with resident Cards. Is it possible to apply for Spanish passport for a baby?


Thanks

Sebastian

[GaoDa]

Hi Patricia,

Please could you help me with a few questions?
If two unmarried Brazilian nationals give birth to a child in Spain and then move to the UK using a Brazilian passport, can the child apply later for Spanish citizenship as an apatrida? If the couple split, could the mother as an illegal immigrant in the UK apply from overseas for the child's Spanish citizenship - from your other answers it sounds as though she has to travel to a Spanish police station to apply in person. Also if the child is eventually granted EEA status, can the mother apply for Derivative Right of Residence under the Chen case, while in the UK illegally?

I can't find answers elsewhere, so any help you can offer would be greatly appreciated.

Thanks in advance,
GaoDa

[Patricia]

Hello GaoDa,

A child born to Braziian parents in Spain, if the parents do not register the child at the Brazilian Civil Registry, will be considered of Spanish origins. Therefore, the baby will be able to obtain the Spanish nationality, and his parents could obtain a residence permit by Family Settlement in Spain ( applied for from Spain, pesonally ), as the parents of a Spansih citizen.

I am unaware of the British Law in this case, should my wish to settle in the UK, as we spacialze in Spanish Law. I recommend you to make an enquiry at a British Immigration Law forum to find the answers to your last question.

Regards,