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
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
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
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,
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,
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
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,
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
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????
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
Regards,
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.
Regards,
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!
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.
Regards,
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?
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?
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,
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
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,
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.
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,
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
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,
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!
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,
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
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
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,
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?
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,
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,
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, you will find all the information about the documentation required for the Nationality application.
Regards,
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
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,
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?
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
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,
How would a child born in spain to a Nigerian parents who presently reside in Nigeria gain a citizenship for their children, and themselves?