Spanish Citizenship or Residance Permit for child born in Spain

[Unregistered]

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,

How can a new born baby with parents of illegal status in Spain acquire legal stay of 1 year in Spain?

Thanks

[Patricia]

Hello,

The baby will have the same legal status as his/her parents, so if they are in an irregular situation the baby will also be in that situation. If the baby could access legal residency, he/she would be eligible for Spanish nationality after a year.

In case the baby was apatrida - stateless -, that is, the parents home country did not grant citizenship to children born out of the country, the baby could then apply for Spanish nationality by Simple presuncion, that is, by assuming the baby acquired Spanish nationality by being born in Spanish territory.

In any case, children are not obliged to have an ID until they are 14, so you have plenty of time to arrange your residency status.

Best Regards,

[dinhvantuan1984]

Hello,

The baby will have the same legal status as his/her parents, so if they are in an irregular situation the baby will also be in that situation. If the baby could access legal residency, he/she would be eligible for Spanish nationality after a year.

In case the baby was apatrida - stateless -, that is, the parents home country did not grant citizenship to children born out of the country, the baby could then apply for Spanish nationality by Simple presuncion, that is, by assuming the baby acquired Spanish nationality by being born in Spanish territory.

In any case, children are not obliged to have an ID until they are 14, so you have plenty of time to arrange your residency status.

Best Regards,

Dear Patricia,

I and my wife are both Vietnameses and we've been staying legally in Barcelona since 2012. Last October we have a daughter. She was born in Spain, she's got the birth certificate and Family book both were issued by Spanish organization but we haven't done the NIE for her. Can I apply for the Spanish citizenship from this October or apply for her NIE first and then wait 1 year from the date her NIE is issued to apply for the Spanish citizenship?

Thank you in advance for your answer

Best regards,

[Patricia]

Hello dinhvantuan1984 ,

You first need to get her a residence card to prove she has been a resident for one year prior to applying for the Spanish Nationality by Residency as born in Spain. I believe she has a Vietnamese Passport. If she was considered Stateless, she would already be eligible.

Regards,