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Unregistered
05-28-2012, 06:33 PM
Hi,

Would a baby born in Spain (Barcelona) to a Pakistani father and a Pakistani mother (They do not have resident permit) be entitled to Spanish citizenship? Now his age is 18 Month, and have a libro familia and Spainish birth certificate.Thanks

Patricia
06-05-2012, 12:06 PM
Hello,

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. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

Best Regards,

Unregistered
06-06-2012, 05:14 PM
Hello,

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. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

Best Regards,


Hello,
Thanks for your reply,

how much possibilities for pakistani parents ( they are illegal in spain ) and child born in spain .Thanks

Unregistered
06-16-2012, 01:35 PM
Hello,
Thanks for your reply,

how much possibilities for pakistani parents ( they are illegal in spain ) and child born in spain .Thanks

atram
08-27-2012, 07:55 AM
Hello,

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. However, depending on their nationalities, some children born in Spain to foreign parents can be granted the Spanish nationality as their parents nationality is not granted naturally, and as being declared apatridas ( without nationality ) the Spanish one will be applied, which seems to be the case for pakistan.

Best Regards,

How does this apply for a child born in Spain to Filipino citizens without papers? And does Spanish law grant residency to the child's parents?

Patricia
08-28-2012, 10:39 AM
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,

Unregistered
10-17-2012, 06:14 PM
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
10-18-2012, 03:08 PM
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,

mannan901
10-20-2012, 11:48 PM
Respected Patrcia..
My name is Ahmed. I would like to know that I got married with spain national. And Me and my wife are living in UK I am still waiting for my resident permit of UK I would like to ask Is it important to live for one year in spain to apply for spain passport or Is it possible that If we register in spain and come back again to UK ? And When I can apply for spanish passport I mean How long it takes to apply for Spain passport ?


Best Regards
Ahmed

Patricia
10-22-2012, 10:42 AM
Hello Ahmed,

Yes, you are certainly required to prove one year of legal residence ( not only living in the country, but holding the corresponding Residence card as a relative of an EU citizen ) in Spain if you wish to apply for Spanish nationality based on your marriage to a Spanish citizen.

The process to apply for it is simple thought the resolution can take between 3 and 8 months, depending on the province where you apply. The average period of time the Nationality application takes to be resolved once you file the application, that is, after a year of having got the residence car, also varies, as it can take up to 18 months depending on the corresponding Civil Registry.

If you wish to get more information on how to apply for the residence card of have more detailed questions, feel free to drop me an e-mail; you will find my contact details after clicking in my profile.

Regards,

Eliza
10-24-2012, 03:42 PM
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

Unregistered
05-08-2013, 07:51 PM
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????

Patricia
05-10-2013, 11:56 AM
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 (http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/bornabroad/)

Regards,

Patricia
05-10-2013, 12:12 PM
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 (http://extranjeros.empleo.gob.es/es/informacioninteres/informacionprocedimientos/Ciudadanosnocomunitarios/hoja065/index.html).

Regards,

Karolina
06-17-2013, 07:44 PM
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!

Patricia
06-24-2013, 03:11 PM
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 (http://www.mjusticia.gob.es/cs/Satellite/es/1215197983408/EstructuraOrganica.html).


Regards,

Unregistered
04-08-2014, 12:20 AM
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?

czar
06-17-2014, 01:24 PM
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?

Patricia
06-17-2014, 02:22 PM
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,

Unregistered
08-03-2014, 10:53 AM
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

Patricia
08-05-2014, 04:07 PM
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,

Ramiz
09-09-2014, 07:31 PM
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.

Patricia
09-11-2014, 01:53 PM
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 (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja058/index.html) ), that will prove his legal residency that will eventually allow you to apply for his Spanish Nationality.

Regards,

leems
09-26-2014, 10:21 PM
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

Patricia
09-30-2014, 12:27 PM
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,

Unregistered
01-18-2015, 07:25 PM
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!

Patricia
01-28-2015, 01:40 PM
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,

Sebastian
02-10-2015, 06:28 PM
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

GaoDa
03-25-2015, 08:24 PM
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

Patricia
04-01-2015, 12:22 PM
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,

Rosa
05-23-2015, 09:56 PM
Hello Patricia,
My mother is born in Spain, she has an official document from Registro Civil.
What is the procedure for her to obtain her Spanish nationality?

dinhvantuan1984
05-23-2015, 10:48 PM
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
05-26-2015, 01:26 PM
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,

Patricia
05-26-2015, 01:29 PM
Hello Patricia,
My mother is born in Spain, she has an official document from Registro Civil.
What is the procedure for her to obtain her Spanish nationality?

Hello Rosa,

Your mother will be requested to have been a legal resident in Spain for one year prior to filing her Nationality Application.

By clicking here (http://www.mjusticia.gob.es/cs/Satellite/Portal/es/areas-tematicas/nacionalidad/nacionalidad/como-adquiere-nacionalidad/residencia), you will find all the information about the documentation required for the Nationality application.

Regards,

kahrori
01-18-2016, 02:51 AM
Hi Patricia;
I am pakistani student here in spain, can our child get citizenship here still or the law is changed, mother is pakistani as well.if so, do we need to wait for a year or we can apply straight?
Thanks

Patricia
01-18-2016, 04:07 PM
Hello Kahrori

As the child has been born in Spain, he will be eligible for the Spanish nationality after being a legal resident in Spain for one year. What is your current status in Spain? As the child will get the same type of permit as you and if you are a student visa holder, you need to be aware it is considered Stay situation and not actual residency.

Regards,

Unregistered
02-09-2016, 11:18 AM
Hello,
Please give me some advice. My son was born in 2000 in Spain and has a Libro de Familia. I was working on contract with Ericsson at the time. Both my wife and i are South African. We left spain about 6 months after my son was born. Would my son be in a position to apply for Spanish citizenship? We were told that he needs to do this before his 16th birthday at the time?

Jaina
03-07-2016, 05:55 PM
Dear Patricia,

I would like to ask for your kind advice. My boyfriend originally from Morocco is illegally living in Spain (expired visa). We want a baby and settle in Spain. Please kindly advice how can we proceed in this situation?

As I understood, the baby will have Czech citizenship and get the same legal status as his/her parents. For me as EU Citizen is not a problem, but what about my boyfriend? Will not be there any problem to fuse the family with respect to his illegal stay?

Thank you very much for your response.

Jana

Patricia
03-11-2016, 12:01 PM
Hello Jana

We have already been in contact with regards to the marriage in Spain process.

In case that your partner was still in an irregular situation when the baby is born, it won´t have any effect on the family situation, as you are an EU citizen and can easily access a residency status.

I recommend you to take a decision whether to register as Law partners or marry, so your partner can apply for his residency permit and settle in Spain with you.

Regards,

Unregistered
03-21-2016, 02:51 PM
How would a child born in spain to a Nigerian parents who presently reside in Nigeria gain a citizenship for their children, and themselves?

Patricia
03-22-2016, 03:30 PM
Hello

The fact of giving birth in Spain does not grant a right to reside in Spain per se. Nevertheless, it helps qualify the child for the Spanish Nationality after one year holding a residence status.

If parents and child are in Nigeria, they need to start a work and residence application from Nigeria, via the Spanish consular office, should they meet the requirements of a Specific type of permit application.

Regards,

Unregistered
04-25-2016, 05:31 AM
Hi Patricia, just want to check if a filipino child was born in spain with a filipino mother and father on tourist visa, will the child get automatic spain residency after getting a birth certificate and family book? Will he be able to give residency to the parents on tourist visa? If the child did not stay in spain for one year, can the child still apply for citizenship!

regards,
bella

Patricia
04-25-2016, 02:11 PM
Hello Bella,

No, residency is not granted on the grounds of Spanish birth, otherwise we would get tons of people to give birth to their children in Spain!.

The child will have to obtain a residence permit and then after one year being a resident ( proved by a residence card ), his parents can apply for the Spanish nationality of the child. I can´t tell you how to get a residence permit for the baby if his parents are not residents. You can approach the social services Dept. of the town hall and check whether they can help.

The Philippine nationality is an advantage when it comes to the Nationality application, as it requires only two years of legal residency in order to be eligible for the Spanish Nationality application. For most cases, 10 years are required.

Regards,

annagreen
05-28-2016, 02:52 PM
Hello Patricia,

It seems you are helping a lot of people with your work - I hope you can with us, and thank you in advance.

I will be having a baby in August, in the UK. The father is Spanish, but has unfortunately reacted very badly to the pregnancy, hence my reason for returning to the UK during pregnancy and to have the baby, with support from my family etc. I had not planned to leave Spain before this happened, but felt that for this period it was the best option.

I am currently a little concerned about the situation for us (baby and I) wanting to return to Spain some months down the line, if the UK exits the EU. I know that this is all very uncertain until it happens, but could you give me a rough idea of what would happen in the case that a baby was born (outside Spain) but to a Spanish father/foreign national mother (non-EU national if Brexit happens)? What would the residence/legal status/options for baby and mother then be?

Again, thanks so much for any advice you have.

Anna

Unregistered
07-25-2016, 08:52 PM
Hi Patricia,

My wife is pregnant now and her catsalut is about to expired. We are undocumented filipino here in Spain. Is it possible for her to renew her catsalut? The last time we've been to health center for renewal, they said she needed to submit her Nie and Seguro. Thanks a lot!

Regards,
Jam

Patricia
07-26-2016, 11:41 AM
Hello Jam

I recommend you to ask the officers at Catsalut to provide with the list of requirements to renew the health card. As you are in an irregular situation you have no real Ss cover, as you are supposed to obtain a residence permit to get the right to it. Otherwise, you need to hire private medical care. Free health care is provided to pregnant women and children below 18 anyway, so you just need to check how to renew the card this time.

Regards,

Tarek
08-22-2016, 04:35 PM
Hi Patricia, I'm Tarek from cairo, I'm a heart surgeon and my children are moving to Valencia for permanent eduction and professional tennis tournaments. My wife is pregnant. What's our odds of getting citizenship or residency for me, my wife, our children and the baby?
Thanks...

Unregistered
09-03-2016, 04:20 PM
hy
this is ali from spain barcelona i 29years old my father is spanish national can iget residend perment card base of my father? nd also i got rejected 2007 due to over age of famly visa my mother nd 2sisiters is also in spain plz reply if u can

Patricia
09-07-2016, 11:31 AM
Hello Ali

As you are over 21 years old you cannot apply for a residence card as the relative of an EU citizen unless you were dependent on your father for health reasons. You can apply for a residence card under regimen general in the event you meet the requirements. Please click here (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/index.html)to check the different options available.

Regards,

Unregistered
09-07-2016, 07:55 PM
Dear sir/ madam

my age is 29 my name is khuram my father is spanish national i am in spain living with them ... Can i apply for any residency card behav of my father i know i am over age


reply please

Patricia
09-09-2016, 01:19 PM
Hello Khuram

As you are over 21 and not dependent in your father for health reasons, ( correct me if I am wrong ), you cannot apply for a residence card as the relative of an EU citizen. Family Settlement option is not viable either unless your father is originally Spanish. If he got his Spanish Nationality based on long term residency, the Family settlement residence permit is not possible in your case. You should then seek residency regardless the fact your father is now a Spanish National.

Regards,

Unregistered
09-20-2016, 11:20 AM
Hello Khuram

As you are over 21 and not dependent in your father for health reasons, ( correct me if I am wrong ), you cannot apply for a residence card as the relative of an EU citizen. Family Settlement option is not viable either unless your father is originally Spanish. If he got his Spanish Nationality based on long term residency, the Family settlement residence permit is not possible in your case. You should then seek residency regardless the fact your father is now a Spanish National.

Regards,

my father was apply my resident in 2007 and that time i was under 18 but infortunatly i got rejected in pakistan my paper is passed here in spain i hav finger later now m coming spain with my family on visit visa its mean i just apply just arraigo after 3years? other wisse i dnt hav any optition?

Maxi
06-14-2017, 02:25 PM
Quick questions (1) My friend,his girlfriend is also pregnant and her residents permit is 5years without European union. ( she is not Spanish, but Ghanaian and does not have spanish passport which means she is not Spanish citizen just a resident holder) can that help him get a resident permit too if they have the baby?

(2) My girlfriend has 5years Spanish residents which is European union, but she is just a resident permit holder (not yet a citizen of Spain. But we both Ghanaians ) And she is pregnant like I said in the first mail. Can that help me get a resident permit?

Vasushankar
07-13-2017, 12:55 PM
Hi Patricia,
My name is vasu, right now I'm in poland on temporary residence status and my wife is in Spain on students visa. My question is if we plan a pregnancy here in Spain do we get a Spanish nationality along with our child.
Your reply would be much appreciated.
Kind regards,
Vasu

Patricia
07-28-2017, 11:44 AM
Hello Vasu,

When a child is born in Spain to foreign parents, he/she is not entitled for the Spanish Nationality right away.

The baby will have the same status as his/her parents and the same duration; in this case a relative of student visa status, that does not involve residency and cannot lead to the Spanish nationality after one year of legal residence. If your wife is able to shift to a residence permit, and gets a resident´s status, you will be able to apply for the baby´s Spanish Nationality once he has completed one year of legal residency.

Regards,

alex-investor
08-05-2017, 06:17 PM
Hello,

We're an Iranian couple who arrived two months ago in Spain on Type-D visas. She is pregnant and due to deliver in February, and we're wondering if baby will receive Spanish citizenship.

We've received contradictory advice. Some says at least one parent has to be Spanish or baby won't receive Spanish citizenship if parents' country bestows automatic citizenship on the children of its citizens wherever they're born (Iran is one of those countries).

But other sources say persons born in Spanish territories can apply for citizenship after a year of residency inside Spain, even if their parents are not Spanish.

Would you please tell us your opinion? We've had so much contradictory feedback, we don't know who to believe anymore. And we find it amazing that such a seemingly simple question could possibly have so many different responses. In the US, there's only ONE AND ONLY ONE response. Anyone born in US is automatically an American, end of story. No ifs or buts. Does not depend at all on who parents or where they came from or their legal status.

As explained: parents are legal residents of Spain, holding Type-D residency. Arrived here two months ago.

Patricia
08-08-2017, 02:57 PM
Hello Alex

Any applicant born in Spain can apply for the Spanish nationality after having been legally residing in Spain for one year, regardless his/her parents´nationality. The process is called Spanish Nationality application By Residence.

The Official information cam be found here (http://www.mjusticia.gob.es/cs/Satellite/Portal/es/ciudadanos/tramites-gestiones-personales/nacionalidad-residencia).

Regards

Ajay
08-14-2017, 01:42 PM
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
08-16-2017, 02:23 PM
Hello Ajay


Once your son is a Spanish National you can apply for the residence permit by Family Settlement ( Arraigo Familiar (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja037/index.html)) and that type of permit will allow your work.

Regards

RobParikh
11-03-2017, 02:54 AM
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
11-03-2017, 02:14 PM
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
11-04-2017, 01:49 AM
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
11-08-2017, 01:51 PM
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
09-12-2018, 11:46 PM
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!

cris
09-24-2018, 05:58 PM
Dear Patricia, and to whom it may concern:

My name is Cris:
-I was born in Spain
-I have my Spanish citizenship
-my parents are not Spanish citizen
-I have a Spanish ID but not a Spanish passport (my passport, not my ID, was taken from me when I traveled back to my parents country Lebanon, does it mean I lost my Spanish Citizenship?)
-my age is 25 and I am currently in Lebanon for 24 years
-I have all the necessary doc where I was born and lived in Spain

Question is can I recover my Spanish citizenship if it is canceled, and do Spanish allow dual citizenship (Spanish and Lebanese) or do I have to discard my Lebanese passport or citizenship?

best regards
Cris

Patricia
09-25-2018, 04:04 PM
Hello Cris,

If you have been able to keep your Spanish ID ( and renew it ), there´s no reason why you would be unable to apply for your Spanish passport. We would need to understand that bit of information where you mention the passport was taken from you. You may have lost your citizenship due to the lack of use of it, as you have lived 24 years out of 25 in Lebanon and not used your Spanish citizenship. Therefore, this is a question that has to be made to the Civil Registry so they check their records. There are situations that allow the applicant recover the Spanish nationality but that depends on the cause of the loss, and as we still don´t have this information, I can´t advise now.

Dual citizenship is not allowed for Lebanese citizens. it is only allowed for nationals from Portugal, Navarra, Philippines, Equatorial Guinea, Latin American countries and basically Spanish former colonies.


If you wish, drop us an email and explain your case in detail so we can advise further.

Regards,

Unregistered
09-26-2018, 01:03 PM
Dear Patricia:

thank you for your concern, information given was useful will be in touch in the near future, thank you immensely and no my ID in not renewed never knew about any of that before I turn 25 hope I am not late.

best regards
Cris

AndresI
03-04-2019, 11:00 AM
Dear Patricia, thank you for your time and answering many people questions, my situation its a little bit particular:

I am Venezuelan, and my woman its Chinese, and we are in illegal situation in Spain. She its pregnant. If we have the baby in Spain, what nationality will have the baby?.
Can the baby be Spanish from birth?, or it will get one of our nationalities directly?.

Thank you very much.

Unregistered
03-29-2019, 11:25 AM
Hello Patricia,

We am planning to take up a Spanish Residence Visa through investment. If we were to have a child in Spain and live there for the better part of the year, I believe the child will be eligible to take up Spanish Nationality. Is that correct?

Once the child does become a Citizen of Spain, how long would it take for the Parents to become Citizens?

Thank you

Patricia
03-29-2019, 01:06 PM
Hello,

A child born in Spain to foreign parents will be eligible for the Spanish nationality after one year holding a residence permit.

You, as parents, cannot apply for the Spanish nationality based on the fact your child is Spanish, but can apply for the Spanish nationality after ten years holding a residence permit. In the event you are a national from Latin American countries or former Spanish colonies, this ten year period can be reduced.

Please feel free to contact us if you need further information or wish to discuss your particular case.

Regards,

MelissaInSpain
08-30-2019, 08:28 AM
Hello Patricia!

I am applying for social arraigo. My son was born here (both foreign parents) and we have lived here since (he's 5). How/when do I get his residency if I am approved?

Thank you in advance for any help.

Patricia
09-02-2019, 01:08 PM
Hello Melissa

I recommend you to also file his application based on Arraigo social together with your application. If you have already filed yours, file his application while yours is in process,indicating they are both related so they are both approved at the same time.

Regards,

MelissaInSpain
09-04-2019, 06:08 PM
Patricia,

You have been so helpful already. Can I ask how I file them together? Do I just file a separate application just like mine? Since he's a child, how would I include how he is supported financially or must I do this since my application shows my income? Essentially, what would be different on his application compared to mine? Thank you so much in advance.

Melissa

Patricia
09-09-2019, 01:43 PM
Hello Melissa

You need to prepare two application forms and file them together ( though at the time to apply for an appointment a the immigration office you will need to apply for two separate appointments). The financial documents will be common to the two application files. Your son´s application will also include his birth certificate.

Regards