Spanish Father - Continued Post

[Unregistered]

Dear Patricia,

In Reference to your previous feedback (Post: Spanish Father posted on 12-10-2014) regarding applying for the Spanish nationality in case as my father is holding Spanish citizenship and I have Regimen Comunitario Permanente card. You responded here as;

Hello Mike,

I believe that article 22.2.b) of the Civil Code is applicable here. You have a residence permit to live in Spain ( Permanent residence card as the relative of an EU citizen ) and once you have completed one year of legal residency, you will be eligible for the Spanish Nationality by residency by virtue of that norm.

In case that norm was not applied, you could take the into consideration article 22.2.f,, in case your father was Spanish by Origins.

Regards,
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My question is:

Would you please explain a bit in detail the article 22.2.b? How it would be applied in my case? I cannot find more detail on this article explained anywhere.
I will disregard article 22.2.f since my father is not a Spanish by origin.

Thank you.
Mike

[Patricia]

Hello Mike,

Article 22.2.b, allows for those who did not apply for the Nationality by option when they had the chance to do it ( for instance, those children who were under aged when his father /mother got the Spanish Nationality but did not apply for whatever reason at the time ), to do it at a later date. We mentioned that possibility as we do not know how old you were when your father got the Spanish Nationality, and on what grounds did your father get it.

Regards,

[Unregistered]

Hello Patricia,

Thanks a lot for the reply.

In my case, my father got the nationality through naturalisation (10 years residence). I could not get it since I was more than 18 years Old at the point when he received his Spanish passport. (But the moment he submitted his nationality application I was underage. Since the authorities took forever to decide, upon the day when he received his passport I was over aged and the civil registry refused to give me an appointment for my application under the Nacionalidad Por Opcion clause).

Hence, I applied for Regimen Communitario and I was granted Permanent Communitario residence status. Now its been a year that I am holding Regimen communitario status. May I ask If I still can be eligible to apply under the article 22. 2b?

I would also like to mention the fact that I came to Spain when I was underage through Family reunification procedure.

Thanks for your help!

Regards,
Mike

[Patricia]

Hello Mike

I am unable to give you an accurate reply at this point, because we need to know on what grounds was your Nationality application refused, and why did your father not file your Nationality application at the same time as his, as you were then underage.

If the Civil Registry is located in the Malaga province, we will be able to assist, otherwise, I advise you to seek local assistance.

Regards,

[Unregistered]

Hello Mike

I am unable to give you an accurate reply at this point, because we need to know on what grounds was your Nationality application refused, and why did your father not file your Nationality application at the same time as his, as you were then underage.

If the Civil Registry is located in the Malaga province, we will be able to assist, otherwise, I advise you to seek local assistance.

Regards,

Dear Patricia,

Thank you for the prompt reply.

The moment when my father applied for his nationality (along with filing the nationality application for us (meaning his children), I was 20 years old. The age of emancipation at my home country is/was 21. So from that point of view, I was underage. But the correspondent at the civil registry only took documents for my siblings under 18 and refused to take mine based on the grounds that I was overage which is not true. I was still underage.

Do you think that based on that reason, article 22.2.b is applicable here?

To tell you the truth, the civil registry processes are quite weird here since every time you go there and ask for information, they give a different reply totally contradicting to what they said earlier.

I would like to have your assistance. Is it possible to transfer to Malaga registry or anyhow you guys could represent me?

I appreciate your advice.

Many thanks,
Mike

[Patricia]

Hello Mike

We would need to study the related documentation to check whether we can offer some help.

Please send us an email through the contact form on our website to continue discussing the particular case.

Regards,

[Shani]

Dear Patricia,

My Father Spanish Citizen On 10 Year Legal Residence. When My Father Apply Own Nationality At The Time My Age was 16 Year(Minor) And My Father Submit My Pakistani Birth Certificate With Along Own Documents And Nationality Application. My Father Put My Name In Own Nationality Application. When My Father Application Approved At The Time My Age Was 17 Year And 8 Month(Minor). But When My Father Take Oath(Become Spanish Citizen) At The Time Unfortunately My Age Was 18 Year And 4 Month(Adult)....

((::::::MY QUESTION::::::))
Now My Age 19 Year And I Am Lived In Pakistan.
Can I Apply Spanish Citizenship Through Spanish Embassy And How Much Time To Complete This Procedure???

[Patricia]

Hello Shani

First of all, I would ask the authorities what happened with the Nationality application your father processed for you when you were still under-aged, as both Nationalities should have been granted.

Otherwise, you are still within the allowed time to apply for the Spanish Nationality by Option, as the article 20 1a and 2c of the Civil Code indicates (http://noticias.juridicas.com/base_datos/Privado/cc.l1t1.html#a20). This can be applied for at the Spanish consulate.

Regards,

[Shani]

Spanish Embassy in Pakistan tell me that when father/mother take Oath for spanish citizenship at the day age of child should be under 18 and then son/daughter could apply citizenship by option(before reach 20birthday) But when my father take Oath at the day i was over 18... Now Can i apply spanish citizenship by option before 20birthday??? Now i am 19 year old. i am worried. Even you are inform me that you still eligible for spanish citizenship by option

[Shani]

Dear Patricia,


i am not under parental authority of spanish citizen because when my father take Oath at the day i was over 18... but you are inform me that you still eligible
Nationality by option in previous post.