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SPAIN AND THE US

How to quickly get a US passport for a child born in Spain 

What are the steps to apply for a baby's US passport from Spain? How long does it take? Here’s all the experience-based information and tips American parents in Spain should know before beginning the process.

How to quickly get a US passport for a child born in Spain 
These are the steps to follow if you need to get a US passport for a baby born in Spain. (Photo by JACK GUEZ / AFP)

You’ve left the United States and moved to Spain. Now, you’ve added a baby to this fabulous new life. You’ll want to secure their U.S. citizenship and passport straight away.

If one parent is Spanish, your child is entitled to Spanish citizenship. If your child doesn’t qualify for citizenship by birth, they’ll need an American passport to declare their nationality before being registered in Spain.

This article lays out the qualifications for a U.S. passport and the steps to get one. Fortunately, the process is fairly simple, according to people who have done it.

Does your baby qualify for a U.S. passport?
 
Your newborn qualifies for U.S. citizenship and a U.S. passport under the following conditions.
 
– They were born within wedlock to two U.S. citizen parents.
– They were born within wedlock and one of the parents is a U.S. citizen, and lived at least five years in the Unites States, two of which were ager after 14 or
– They were born out of wedlock to a U.S. citizen mother and non-citizen father.
– They were born out of wedlock to a U.S. citizen father and non-citizen mother.
 
When the parent who is a U.S. citizen is the father and the baby is born out of wedlock, there are a few additional steps required.

You’ll need to prove the blood relationship between your child and their father, attain a sworn statement from the father agreeing to give financial support until they are 18 years old and supply a written statement acknowledging paternity.

If your child does qualify for American citizenship, the next steps are pretty straightforward, although completing the required forms can be time-consuming.

What are the first steps when applying for a child’s U.S. passport from Spain?

The first step is applying for a Consular Report of Birth abroad (CRBA), which documents that your child is a U.S. citizen at birth. Any of the U.S. Consular Agencies in Spain can accept applications for Consular Reports of Birth Abroad (CRBA) and U.S. passports.

To begin, you’ll apply online. But remember, you’ll need original copies of any documents you upload; you’ll bring these to your in-person appointment at the consulate.
 
Documents you’ll need include:
 
·      Your child’s Spanish birth certificate.
·      Your marriage certificate, if married.
·      Divorce certificate, if divorced.
·      Evidence of U.S. parent’s citizenship, valid identification, and proof of physical presence in the United States.
·      Valid identification for non-U.S. citizen parent 
 
 “You will need proof of having been a long-term US resident in the past so think about what you can show (school transcripts, tax returns, etc.)” says Liz who moved from Scottsville Arizona to Málaga. Many Americans said this was the most time-intensive part.
 
Once you’ve completed and submitted your CRBA, you’re ready to make an appointment at a U.S. Consulate. The best way to make the appointment is by contacting the consulate directly, but make sure to wait for three days after submitting and paying for your CRBA. The fee is $100.00.

Remember, you must bring the original versions of every document you uploaded for your CRBA application, and your child must be present. Generally, both parents must also be present.

You can apply for your child’s passport at the same appointment. Be sure to complete the U.S. passport application prior to your appointment (including payment of a $135 fee) and bring the originals of all documents you uploaded for your passport application. Both parents must sign the application.
 
You’ll need to bring original copies and photocopies of the following documents:
 
·      One 2”x2” (5x5cm) passport picture for your child.
·      A document listing the legal guardians of your child.
·      Identification for both parents.
·      A physical copy of the completed passport application form (DS-11).
 

Important considerations:
 
For the CRBA, the U.S. parent(s) must report their physical presence in the United States, detailing each trip abroad. In other words, it’s crucial you don’t include time abroad in your list of days staying within the United States. If the dates are incorrect, the processing could be suspended until you correct the dates.

“The hardest part for us was to list every country we had ever visited, when and why.  Other than that, pretty easy. We did through the consulate in Valencia. Good luck,” says Sara, who moved from Boston, Massachusetts to Valencia.
 
It’s very important for both listed parents to attend the appointment. If only one parent can attend, you’ll need to submit a Statement of Consent. If you have sole legal custody of your child, you’ll need to bring proof, such as a court order.
 
Bring your child’s passport photo in a separate envelope (to not use it) but don’t staple it to the passport application.

How long does it take?
 
Generally, it takes approximately eight weeks to receive your child’s passport, which will be mailed to you. Be prepared to receive multiple mailings; your passport and citizenship papers will come separately. If you’ve requested both a passport book and a passport card, you’ll get 3 different mailings. If you’d like, you can pay for faster shipping.
 
If you have questions, don’t be shy about contacting your consulate. “It’s a simple process. Visit the US embassy website for any information you need. You can call or email any questions you have,” says Sarah, who moved from San Francisco to Barcelona.

Congratulations on your multinational family!

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AMERICANS IN SPAIN

EXCLUSIVE: What the new Spain-US social security deal means for Americans

The Local speaks to the Spanish government and tax experts to understand what the new social security and pensions agreement between the United States and Spain means for American workers, digital nomads and pensioners in Spain.

EXCLUSIVE: What the new Spain-US social security deal means for Americans

In early April, the United States and Spain announced a new social security and pension agreement.

The first update to the bilateral agreement between the two countries since 1986 was announced by US Ambassador to Spain, Julissa Reynoso, and Spain’s Minister of Inclusion, Social Security, and Migration, Elma Saiz.

The official agreement is unpublished so The Local spoke with a representative from Spain’s Ministry of Inclusion, Social Security, and Migration as well as international tax experts to understand the agreement in more detail.

Key aspects of the agreement

The Ministry told The Local Spain that the agreement is a step towards, bolstering mobility between Spain and the United States by improving pension calculations and social security protections.

The agreement has to do with the accumulation of benefits and affects working Americans living in Spain. There are two main components; the first affects which system people pay into (Spanish or American) and the second maximises the amount people can collect from social security.
 
Regarding paying into social security, the new agreement extends the “posting period” from three years to five years, with the possibility of extending it to seven years.

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This is meaningful for US employees who are working in Spain and means that they can now pay into the US social security system, rather than the Spanish social security system for longer.

Whereas the employee contributions in Spain and the United States are similar, 6.4 percent in Spain and 6.2 percent in the United States, the rate that employers pay differs greatly. In the United States the employer pays 6.2 percent into social security, whereas in Spain they pay 31 percent.
 
Why does this matter? “Previously when Americans moved to Spain, US employers were cutting the amount that they paid in salary because the cost of employment went up so much”, Louis Williams, Co-Founder and CEO of Entre Trámites, told The Local Spain.

It’s also made employers hesitant to grant digital nomads an Employer of Record (EOR) which would allow American workers to be on a Spanish contract.

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In terms of collecting benefits, the representative from Spain’s Ministry of Inclusion, Social Security, and Migration says, “In the calculation of the Spanish pension there have been technical modifications that will benefit especially those people who developed their last working life in the United States, without this harming those who have worked in Spain immediately before requesting the benefit.”

In other words, under the new agreement, after calculating a person’s benefits under each country’s system, the recipient will be awarded the most beneficial of those two calculations.

Impacts for self-employed workers and digital nomads

According to the Ministry, “The agreement allows self-employed workers to temporarily move to the other State while maintaining their legislation, a possibility that was previously restricted only to employed workers.”
 
This has big implications for people who avoid moving to Spain because of the complicated social security contributions scheme, as they’ll now be able to continue paying US social security taxes (rather than Spanish) for up to seven years.
 
“The interesting thing is if this is extended to digital nomads because it would make the digital nomad visa more attractive,” says Williams.

“Why? Because if you’re posted by an employer (who can now avoid high Spanish social security taxes) you’re eligible for Beckham’s Law.” The law, which does not extend to autonomous works, can cap tax liabilities at 24 percent.
 
Being posted could make life much simpler, according to Elliott Locke, ACSI, co-founder of abroaden, a financial wellbeing and education start-up for people living abroad headquartered in Barcelona.

“The calculus is harder for freelancers given the different legal structures and methods for freelancing between the two countries. In many ways, if an American moves here to work remotely, it could be beneficial for them to have their US-based employer hire them on a local contract through an employer-of-record,” Locke told The Local.
 
In short, the new agreement could make it more attractive for U.S. companies to post employees in Spain, making them eligible for Beckham’s law and allowing autonomous workers to pay into the U.S. social security system, making it more beneficial and easier to be a digital nomad in Spain.

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Who benefits from the new agreement?
 
The people who will feel this new agreement the most are employers, digital nomads, retirees who have paid into both systems over the years, and finally, civil servants. “Spain has incorporated as possible beneficiaries of the Agreement those people who have contributed to the civil servant’s regime (passive class regime), who were excluded in the previous Agreement,” says the Ministry.
 
When can we expect the new agreement to come into force?

Don’t hold your breath; this is Spain after all, but we can expect the agreement to come into force within the next two years.

The deal has to pass through Congress before approval, which is likely why it has not yet been published. If things move quickly, people could expect to benefit within a year.

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