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Thread: Spanish Father

  1. #1
    Unregistered
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    Post Spanish Father

    Hello Patricia,

    Trust you are well.

    My question is regarding Spanish nationality. My father is a Spanish national and I have a Non-EU nationality. I am in Spain now and I have been given Tarjeta de Residencia Regimen Communitario Permanente.

    When can I apply for Spanish nationality, stating the fact that my father is Spanish?

    Thanks,
    Mike

  2. #2

    Default

    Hello Mike,

    It depends on your age and how did your father get the Spanish Nationality ( I believe by Residency, after 10 years being a legal resident ? ). If you were already of legal age ( over 18 ) when he became a Spanish citizen, you can only apply by Option if you are not more than 20. Otherwise, you will need to apply individually after 10 years being a legal resident.

    You can read more about the Spanish Nationality Application procedure here.

    Best Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
    Unregistered
    Guest

    Post

    Thanks for your reply Patricia.

    I have asked about this from the Registro Civil and there are contradicting opinions. One employee at Registro Civil told me exactly the same as you, but I made an appointment and had this chance to ask about this to the Judge directly. She said that since your father is Spanish, you can apply after one year after having the Regimen Comunitario card and the process is going to be simpler.

    I know there is a difference between Spanish by origin and other Spanish citizen, but as per the judge saying, she said as far as your father is a Spanish national, you can apply for Spanish nationality after 1 year irrespective of the age (Im 24).

    To what extent is this true? Im a bit confused. I also refer this matter to your following post, question 1.

    http://belegal.com/forums/showthread...sh-Citizenship


    Thanks,
    Mike

  4. #4

    Default

    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,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  5. #5
    Junior Member
    Join Date
    Dec 2014
    Posts
    2

    Default

    hello
    imk new here can some help me

  6. #6
    Junior Member
    Join Date
    Dec 2014
    Posts
    2

    Default born in psain

    hello
    me and my wife are lebanese and had a residence permit for one year, my wife is pregnant, if she had the birth in spain as i know the baby had to have a legal residence of one year,can i know what legal residence mean, does he have to live one continous year or 183 days , does he can travel during his legal stay and for how long to not lose the days with his mother to his original country and thow he can if he does not have passport.
    regards

  7. #7
    Unregistered
    Guest

    Post Spanish Father

    Quote Originally Posted by Patricia View Post
    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,
    -----------------------------------------------------------------------------------------------------

    Dear Patricia,

    Thanks for your message.

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

    Thanks and enjoy your holidays!
    Mike

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