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SPANISH CITIZENSHIP

How to apply for Spanish citizenship for a baby born in Spain to foreign parents

Here’s everything foreign parents need to know about the process to apply for Spanish citizenship for their child born in Spain, from the requirements to the documents they'll need.

Published: 10 November 2022 10:45 CET
Updated: 19 January 2024 14:09 CET
how to apply for spanish nationality for foreign baby
Foreign parents can apply for a Spanish passport for their baby born in Spain after the child has spent a year continuously living in Spain. Here's how to do it. (Photo by Alexander KHUDOTEPLY / AFP)

One of the first questions foreign parents ask themselves when they’re about to have a baby in Spain is what nationality the child will have. 

Foreign parents from most countries who have legal Spanish residency and have a baby in Spain will not be able to get Spanish citizenship for their new-born right away.

By law, they will first inherit the citizenship of their parents unless they are from Argentina, Cape Verde, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, San Tome and Principe, Uruguay or are stateless, in which case their child can get Spanish citizenship straight after birth. You can read about it in more detail here. 

Parents from all other countries may only apply for Spanish citizenship for their child after he or she has continuously lived in Spain for a period of one year, usually from the date that their birth in Spain was registered.

This is covered in Spain’s Organic Law 4/2000, of January 11th, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 16 to 19 and 31) and the Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20th (article 186).

Keep in mind that this right to Spanish nationality after one year of residency continues throughout their life if they were born in Spain, so if you would rather wait for your son or daughter to decide later on in life if they want to be Spanish, they hold on to that right.

If your intention is for your child born in Spain to acquire Spanish citizenship as soon as possible, here’s what you have to do.

The first step is to register your baby’s birth at the Civil Registry, which can be done at the hospital or a few days later at the Registry Office.

READ ALSO: How to register your new baby in Spain and apply for a passport

Next, you will register your baby’s birth with the embassy or government of your home country and apply for a passport for them.

Most countries will grant this automatically for babies born abroad, although you will need to find out the specific process for your country. 

READ ALSO: Does having a baby in Spain mean I can become Spanish?

Apply for residency first

Once you have all the paperwork pertaining to your baby’s nationality, you will need to apply for a residency card for them, in a similar process to the one that you applied for when you moved to Spain.

This is referred to as the Autorización de Residencia para menor nacido en España (Residency Authorisation for a minor who was born in Spain).

You will need to book a prior appointment at the police station to apply for a foreign identity card such as a TIE.

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

  • The baby must not be an EU citizen or family member of an EU citizen
  • They must have been born in Spain
  • At least one of the parents must also have residency

For this, you will need:

  • their birth certificate
  • documents showing that the birth is registered in your home country such as a passport
  • your residency documents
  • padrón certificate from your town hall
  • possibly extras such as your marriage certificate and your passports
  • Anything not in Spanish or a co-official language in Spain such as Catalan must be fully translated by a sworn translator.

You will also need to fill out the form EX–01 for temporary residence or EX-11 for long-term residency.  

If you are a European citizen, you can apply for a special permit for children born in Spain to Spanish residents, which can also be applied for at the police station by taking your child’s birth certificate, their nationality documents, and your green residency card. 

The processing time should take around one month, after which you must take your child along with you when you go to collect their residency card.  

How to apply for Spanish citizenship for your baby born in Spain after one year 

After one year of legal residence in Spain, you can start the application of applying for Spanish citizenship by getting a Judicial Order from the Judge of the Civil Registry so that you can make this decision for a minor.  

In order to complete the process you will need: 

  • Your child’s birth certificate
  • Their residency card
  • Their passport from your home country
  • Residency certificates of the parents
  • Passports and birth certificates of the parents
  • Padrón certificate from your town hall
  • Pay a fee of €102

Extras that may be requested are your marriage certificate if you have one. 

Your child will not have to take the language or citizenship exam that adult applicants are required to as they are under 18 years old.  

Keep in mind, foreigners who are in Spain on a student visa will not be able to apply for Spanish citizenship for their baby born here.

One of the parents must first modify their residence permit before they can move forward.

Be aware that not all countries recognise dual citizenship, including Spain (except with only a handful of countries), so your child may be forced to give up the nationality they acquired from you when they were born.

This is not always the case, but you may want to contact a lawyer about the legal ramifications of this if you decide to move forward with Spanish citizenship for your child. 

READ ALSO: Do you really have to give up your nationality to become Spanish?

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For members

VISAS

EXPLAINED: When you can exchange visas in Spain

There are several different types of visas and residency permits you can get to be able to live and work in Spain, but what happens when your situation changes and you want to exchange your visa for a different one?

Published: 30 April 2024 14:20 CEST
EXPLAINED: When you can exchange visas in Spain

There are many different reasons you may want to exchange the type of visa or residency permit you have. Perhaps you’re on a student visa and have completed your studies, but still want to be able to stay in Spain. Or maybe you’ve been on a one-year non-lucrative visa, but can no longer afford not to work and want to exchange it for one where you’re allowed to work. 

Read on to find out which visas are possible to exchange and which are not. 

Student Visa to Digital Nomad Visa 

The simple answer is yes, it is possible to exchange your student visa for the new Digital Nomad Visa (DNV) that first became available last year. This will, however, depend on your individual circumstances and what job you plan on doing.

Firstly, in order to apply for DNV you must either have a degree from the field you want to work remotely in or have three years’ work experience in that industry. If you’ve just finished your studies this could be possible, but if you were studying something different, it could prove difficult.

If you are an older student, you could definitely have three years’ work experience in the industry you want to work in or you may have gained the experience working part-time in Spain while on your student visa.

Secondly, you must make sure you have worked for the company that hired you for a remote role for a minimum of three months before you apply for the DNV. The main caveat is that the company has to be registered outside of Spain as you are not eligible for the DNV if more than 20 percent of your income comes from inside Spain. This means that you will have to secure a remote job in another country while still on your student visa, making sure that you stick to the 30 hours a week you’re allowed to work.

Non-Lucrative Visa to Work Permit or Self-Employed

Being in Spain on the Non-Lucrative Visa or NLV can prove to be expensive because you’re not allowed to work, but have to prove you have a significant amount of savings or passive income. If you want to stay in Spain, beyond the initial year, you may be considering a different residency permit. Luckily, you can exchange it for a work permit or self-employed permit in a process called residence modification.

During your last few months on the non-lucrative visa, you are able to apply for jobs in Spain, which may give you the possibility of being granted a work permit. There are many prerequisites, including having lived in Spain for a year and being offered a pre-employment contract.

You could also decide to become self-employed at set up your own business. In order to do this you will need to meet the requirements that current legislation requires for opening and operating your chosen business. You will also need to sign up to the autónomo system, pay your own social security fees and submit your taxes five times a year.

READ ALSO: Should I change my non-lucrative visa for another residency permit in Spain?

Student Visa to Work Permit or Self-Employed

If you’re living in Spain on a student visa, then it’s relatively straightforward to exchange it for a work permit or become self-employed, if you want to be able to stay longer. The main requirement is that you have to have lived in Spain for three consecutive years, before you exchange it. This means, it’s really only possible for those who are doing a long-term course, such as a degree at a Spanish university. If you’re simply here for a year doing a language course, then it won’t be possible.

If you have been here for three years on a student visa, you have two options – the first is to find a job and become an employee by getting a work permit and the second is to become self-employed. If you opt for the first, the easiest way is to get a job offer and apply for the permit that way. Because you’ve already had a student visa and been here three years, it will be easier for companies to hire you as they won’t have to prove that there isn’t anyone from Spain or the EU that can do it first or that they have a shortage of professionals who can carry it out.

If you want to exchange it for a self-employment permit, you will have to present a business plan in order to get approval and prove you have the correct qualifications and experience to carry it out. If approved, then you will typically sign up to the autónomo system.

Student Visa to Entrepreneur Visa

Student visas are the easiest visas to modify in Spain, meaning you have many different options to exchange them if you want to stay longer. The Entrepreneur Visa – Visado de Emprendedor is another option that will allow you to stay for a period of three years (with the option of exchanging or extending). It is, however, slightly more complicated to exchange to than simply getting a work permit or becoming self-employed.

The Entrepreneur Visa is especially for those who want to set up a business considered to be innovative with a special economic interest for Spain. Unlike becoming just an autónomo, you must agree to be able to create employment opportunities for locals in the future. You could also in theory exchange your NLV for an entrepreneur visa too, provided you can prove that you haven’t done any work while you’ve been living in Spain for the year on your NLV.

Non-Lucrative Visa to Digital Nomad Visa

Unfortunately, this exchange is not possible. The main issue is that you’re not allowed to work while on a NLV and the requisites of the DNV are that you must have worked for the company that hired you for a remote role (or your clients if you’re self-employed) for a minimum of three months before you apply.

If this is the case then you’ll be admitting that you were working while on your NLV, which could get you into trouble. This means will have violated the terms of your visa and will be highly unlikely to be granted another one. You may also face penalties and fines, depending on your circumstances.

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