legal residence in Spain, child born in Spanish territory

[Evita]

Hello,
my cousin is from Syrian Arab republic, but she and her husband got temporary residence permit in Slovak republic (member of EU) for 2 years for the purpose of business. On september, they are going to Spain because of the business and because of the same reason they will maybe stay in Spain for a longer time. The problem is, that my cousin is pregnant and the child will born on Spanish territory.

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 (child will obtain syrian citizenship by birth).

My question to you - how can this child(born in Spain, whose parents are Syrians with temporary residence permit in Slovak republic = member of EU) get a legal residence in Spain? Is it automatically by birth or do we need to ask for permission?

Thank you for your reply.

[Patricia]

Hello Evita


If your relatives have a temporary residence permit in Slovakia, they cannot use their residence status in an EU country to access a Spanish residence permit in an easier way than usual, as they are just temporary residents. In case they were long term residents, it would be different.

However, they can apply for a work and residence permit for Spain via the Spanish embassy in Slovakia. I believe the best program for them is the Self Employed work and residence permit application, as they want to set up a business.

The baby that is born on Spain will only be able to apply for the Spanish Nationality once he/she has held a valid residence permit for at least one year. If the parents get the permit, the baby will have the same status. Initially the baby will get the same nationality a their parents; Syrian.

If you need to discuss the particular case, please feel free to send us an email via our contact form.

Regards,