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

  1. #11
    Junior Member
    Join Date
    Oct 2012
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    1

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    Hello Patricia,

    I am an American married to a American who was a student in Spain for five years. My husband has just changed his visa status because he received a work contract. After 2 years pursuing the student spousal visa, I have been in Spain for one year. We have now been told I must leave when my NIE expires, as there is no way I can legal stay here with my husband (as he will be in his 1st year of residency). Is there any possible way around this? We did everything legally and followed all the rules. I'm shocked that I will not be able to live in the same country as my husband, because he got a job. Please help.
    Best Regards, Eliza

  2. #12
    Unregistered
    Guest

    Question A son born in Spain

    Hi,
    I am an English national, born and raised in the UK. I am now living in Spain, I live with my partner who is originally from Columbia but has full Spanish citizenship. We are having a baby, he is due very soon, as far as I can see he will have no problem obtaining Spanish citizenship also, but what about a UK Passport. Ive been told because I am British/English this will entitle him to as UK passport, is this true and how do I go about obtaining one for him if it is correct????

  3. #13

    Default

    Hello,

    You can certianly apply for the child´s Spanish nationlaity as being born to a Colombian parent and born in Spain. As you know, Colombia does not assign citizenship to those biorn out of the country, so your child can apply for the Spanish nationality based on that.

    If you read the information the British Border Agency offers, you wil also find that your child will also be eligible for British citizenship.:

    A child will have an entitlement to be registered under section 3(2) of the British Nationality Act 1981 if:

    they were born outside the United Kingdom; or
    they were born after 21 May 2002 outside any of the British overseas territories; and
    they were born to parents, one or both of whom are British citizens by descent; and
    the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death); and
    the parent who is British by descent lived in the United Kingdom at any time before the child's birth for a continuous period of three years*; and
    during the period they were living in the United Kingdom the parent was not absent for more than 270 days; and
    the application is made before the child's 18th birthday.


    You can complete the information in the corresponding section of the UKBA website: Children born abroad to parents who are British by descent and who have lived in the United Kingdom in the past

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  4. #14

    Default

    Hello Eliza,

    Those relatives holding a Student relative visa can apply for family reunion if the student shifts to a salaried work and residence permit, without the need to leave the country for that. You can find all the information on the Ministry of Home Affairs website, Extranjeria section:

    Modificación de la situación de estancia por estudios, investigación formación o prácticas a la situación de residencia y trabajo por cuenta ajena inicial.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  5. #15
    Junior Member
    Join Date
    Jun 2013
    Posts
    1

    Default

    Dear Patricia,

    Im a non eu citizen currently expecting a baby with a spanish citizen( we are not married). Im currently studying in poland and we would like that the baby gets born in spain. I have a few questions for you

    1) if baby gets born in spain will he/she get the citizenship right away even though we are not married?
    2) if baby will get the citizenship, do i have the right as the mother to get some kind of residence permit in spain? We intend to get married and me move to spain right after i finish my studies
    3) will the baby be able to travel after birth, how long does the passport take to get for the baby
    4 ) in any case the baby is born in poland, will he/ she be able to get spanish citizenship since the father is spanish

    Any kind of advice would be greatly appreciated in what would be the easiest way for me to move and work in spain. The pregnancy was unexpected and im very overwhelmed with the whole process. I also have been thinking of maybe getting polish citizenship but im sure that would be more difficult for me. The whole issue is that i have to be in poland after the baby is born in order for me to finish my studies!
    Thank you in advance!

  6. #16

    Default

    Hello Karolina,

    Please read my replies:

    1. The baby will get the Spanish citizenship by birth and origins, as his father has Spanish nationality and is born in Spain; there is no need of the baby´s parents to be married.

    2. If your intention is to get married I suggest you do it at the earliest to be in a regular situation in Spain when you give birth. If you wait until the baby is born, you will be allowed to be in Spain, that is, there are very little possibilities of deportation unless you commit a crime or offense, though you would be in an irregular situation until you applied for any of these permits: Arraigo Familiar ( Family Settlement ), that is the permit you will get as being the mother of a Spanish citizen, or , if you get married , the Residence card as a relative to an EU citizen. Both can be applied at the corresponding Oficina de Extranjeros when you are in Spain.


    3. You can apply for the baby´s passport any time after his/her birth has been registered at the Civil Registry. Normally, the passports are issued on the same they are applied for at the Police Station.

    4. Yes, as long as his father registers him/her as his son/daughter at the Spanish Civil Registry, it doesn´t matter where the baby was born. However the registration process will take longer and it is processed by the Central Civil Registry. You can read useful information about how to register a baby born out of Spain to Spanish parents here.


    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  7. #17
    Unregistered
    Guest

    Default baby born to romanian parents without residency

    if a baby is born in Sapin to Romanian parents without residency, does;t he get the Spanish citizenship because of the fact he/she was born in Spain?
    Doesn't the law of the land apply?

  8. #18
    czar
    Guest

    Default Father Syrian National and Mother Filipiina

    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 parents´ 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 child´s 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,
    Hello Patricia

    With regards to the quote stated above, I may have the same case. I am Filipina married to Syrian national and we are planning to travel to Spain. My question would be , if I am a tourist and will deliver a baby in Spain, will our baby be eligible of citizenship?

  9. #19

    Default

    Hello Czar,

    Children born to Syrian parents are granted the Syrian Nationality naturally ( iuri sanguinis ) so your child would not get the Spanish Nationality by just being born in Spain. Though he would be eligible after one year of legal residency.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  10. #20
    Unregistered
    Guest

    Default

    can it be possible to get Spanish citizenship for a child whose parents came on a holiday in Spain and had him /her there before going back to the country of residence and what is the procedure

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