Spanish Citizenship or Residance Permit for child born in Spain

[Ajay]

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.

[Patricia]

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

[RobParikh]

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

[Patricia]

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

[RobParikh]

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

Hi Patricia,

Thanks so much for your reply. BTW.. we are unwed so I'm not sure if that has an impact on registration. If possible, I would prefer to have the baby acquire Spanish nationality based on his Colombian mother but I would also like to confer him (already know the sex of the baby!) US Citizenship as well by registering him with a local consular office.

Since we are unwed, can she simply claim him as her child so that Spanish nationality can be conferred to him automatically? And then later after this is completed, register his birth under my name and nationality as well?

How long does it take from the point of birth to the point is receiving a Spanish Passport for the baby?

Can we as parents subsequently be entitled to permanent residence in Spain? Subsequently, can my Colombian fiancee then apply on a fast track for Spanish citizenship? If so, how long does that take/

Thanks so much for your assistance.

BTW.. do you assist with all of the above if we need assistance with registrations etc. while in Spain?

[Patricia]

Hello Rob

You may proceed how you mention and then see how it goes; as I mentioned, they study each particular case. I recommend to register his birth indicating the names of both his parents from the beginning.

Regarding how ling it takes, I can´t quite a number; it depends in each CR.

Any parent of a Spanish child can apply for a Family settlement residence permit. This procedure does not take long to be processed.

Please feel free to contact us by email to discuss the case further and determine whether we can offer legal assistance.

Regards,

[Unregistered]

Hi Patricia,

After reading so many answers to same questions I still have a doubt. My wife and I are Colombians-canadians I know in that case if a baby is born he will be automatically Canadian and he won’t be given the Spanish citizenship, given this 2 scenerios which will be best.

1. We as a couple will be on a working holiday visa which is granted for only a year, if the baby is born during this time, will the working holiday visas be cancelled or the baby will be able to get legal residency during this time?

2. We as a couple will be irregular living in Spain after having the baby which are the options to optain legal residency and give the baby that year of legal residence so he can apply for Spanish citizenship?

Thanks!