Why Spain’s Citizenship Agreement With Romania Is Good For Other Foreigners

One of the first questions foreign parents want to ask themselves when having a baby in Spain is what nationality is their child.

Foreign parents from most countries legally residing in Spain and having babies in Spain cannot obtain Spanish citizenship immediately for their newborns.

By law, you first inherit your parents’ citizenship unless you are from Argentina, Cape Verde, Costa Rica, Cuba, Guinea-Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe, or Uruguay. Their children can get Spanish citizenship as soon as they are can read more about it here.

Parents in all other countries can normally apply for Spanish citizenship for their child only if they have lived in Spain continuously for one year from the date the Spanish birth was registered.

this is spanish Basic Law 4/2000 on the Rights and Freedoms of Foreigners in Spain and Their Social Integration, 11 January (Articles 16 to 19 and 31) Rules of Basic Law 4/2000 approved by Royal Decree 557/2011 of 20 April (Article 186).

Please note that if you were born in Spain, this right to acquire Spanish citizenship after one year of residence is for life.

If a child born in Spain intends to acquire Spanish citizenship as soon as possible, it should:

The first step is to register the baby’s birth at the civil registry office. This can be done at the hospital or after a few days at the registry office.

Also read: How to register a baby and apply for a passport in Spain

Then register the baby’s birth with the embassy or government of your home country and apply for a passport.

Most countries automatically allow this for babies born outside the country, but you’ll need to find the process specific to your country.

Also read: Does having a baby in Spain mean I’m Spanish?

Apply first

Once you have all the documents regarding your baby’s nationality, you will need to apply for your baby’s residency card, using a process similar to the one you applied for when you moved to Spain.

this is, Autorización de Residencia para menor nacido en España (Residence permit for minors born in Spain).

To apply for a foreign ID card such as a TIE, you must make an appointment in advance at a police station.

According to the Spanish government website, the prerequisites for this are:

  • Baby must not be an EU citizen or family member of an EU citizen
  • they must have been born in spain
  • At least one parent must also have residency.

This requires:

  • their birth certificate
  • Documents proving that the birth is registered in the home country, such as a passport
  • your residence card
  • Padron certificate from city hall
  • Extras such as marriage certificate and passport
  • Anything other than the co-official languages ​​of Spain, such as Spanish or Catalan, must be fully translated by a sworn translator.

You must also complete forms EX-01 for temporary stays and EX-11 for long stays.

If you are a European citizen, you can apply to a resident of Spain for a special permit for children born in Spain. This can also be applied for at the police station with the child’s birth certificate, nationality document and green residence card.

The procedure will take about a month, but after that, you will need to go get a residence card with your child.

How to Apply for Spanish Citizenship for a Baby Born in Spain After 1 Year

After one year of legal residence in Spain, you can start applying for Spanish citizenship by obtaining a judicial order from a civil registry judge so that you can make this decision for minors. increase.

To complete the process, you will need:

  • child’s birth certificate
  • their residence card
  • home country passport
  • parents’ residence card
  • Parents’ passports and birth certificates
  • Padron certificate from city hall
  • pay a fee of €102

An additional requirement may be if you have a marriage certificate.

Your child is under the age of 18 and does not need to take the language or citizenship exams required by adult applicants.

Foreigners in Spain on student visas cannot apply for Spanish citizenship for babies born here.

One of the parents must first change the residence permit before proceeding.

Please note that not all countries, including Spain, allow dual citizenship (with some exceptions). Children may be forced to give up the nationality they acquired at birth.

This may not always be the case, but if you do decide to obtain Spanish citizenship for your child, we recommend that you contact an attorney regarding the legal implications of this.

Also read: Do I really have to give up my nationality to become Spanish? Why Spain’s Citizenship Agreement With Romania Is Good For Other Foreigners

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