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

  1. #21

    Default

    Hello,

    Those individuals born in Spain are eligible for the Spanish Nationality after one year of legal residency.

    Immediate Spanish Nationality just by birth in Spain is only possible in case the child was stateless; that is, that his/her parents´ Nationality did not recognize children born our of their countries, or that one of the parents had Spanish Nationality.

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

  2. #22
    Ramiz
    Guest

    Default Spain citizenship

    Dear Patricia, Thank you very much for all your feedback. I'm not EU citizen and I'm currently studying in Spain and have NIE. My child will be born in Spain in a month. Are we able to get a Spanish citizenship for her? Or get citizenship after she is 18. My country embassy is giving her baby certificate but not passport and one way certificate for traveling back home. By considering that can we still get citizenship for baby? THANK YOU FOR YOUR CONSIDERATION.

  3. #23

    Default

    Hello Ramiz,

    You do not mention your nationality.

    If your county of origin does not recognize children born out of the country as nationals, the child is considered stateless in Spain and therefore, as being born in Spain, will have a right to apply for the Spanish Nationality. However, if your country recognizes them as nationals by iuri sanguis, that is, then even if they are born out of the country but the baby´s parents are nationals, the nationality is transferred and therefore the baby is considered a national of your country. In that case, the Spanish nationality can only be granted for the baby after one year of legal residency.

    Your status as an student is considered "stay"" rather than residency, but you can get a residence card for your baby ( residencia menores nacidos en España ), that will prove his legal residency that will eventually allow you to apply for his Spanish Nationality.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  4. #24
    leems
    Guest

    Default dear madam/sir

    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

  5. #25

    Default

    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,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  6. #26
    Unregistered
    Guest

    Default

    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!

  7. #27

    Default

    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,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  8. #28
    Sebastian
    Guest

    Default Dear Patricia

    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

  9. #29
    Junior Member
    Join Date
    Mar 2015
    Posts
    1

    Default

    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

  10. #30

    Default

    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,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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