Question
We have given birth to our first child in Spain in two weeks ago. I Have heard that we can obtain a Spanish passport for the baby after one year who lives in Spain legally.
The parents (both of us) we are not eligible nationality by simple presumption. So does she have to stay in the Spain without having NIE or any other passport to get Spanish passport end of the year?
Answers
These are the answers of some Facebook group members:
“You must register child as resident. And child must have residency for a determined period to gain Spanish nationality. If both parents are not Spanish then she’s not automatically Spanish because they were born here. You register her as resident as dependent of your residency. So apply for passport from your home country for the baby. You will need it to prove residency for baby anyway.
But you can’t get a Spanish passport for children born in Spain, if foreign parents they take their own nationality. If you are entitled to home country passport anyway get it as you can do so immediately. To get Spanish will take time spent as resident and to do so baby needs a passport. It would be totally different if one parent was Spanish”
“You must apply for home country passport, then register as resident. As of residency date, after one yr you could apply for Spanish Nationality, but could have to renounce her first, depending on where you are from.“
“My friend has a baby here and had to get the baby a US passport, then apply for residency for her, then later she will apply for the spanish passport when enough time has passed”
“Apply your home country passport get libro de familia from registro and birth certificate now apply reagrupación de familia and get her residency after 1 year legally stayed in spain she is eligible for spanish nationality apply and wait for 1 or 2 years to get answer.”
In conclusion, since both parents are not eligible for Spanish nationality, they must first obtain the origin nationality by applying for a passport from their home country. Then register the child as a resident in Spain to prove residency. This is necessary for the child to be eligible for Spanish nationality after one year of residing in Spain as a resident. Depending on the origin country, Spanish authorities may require renouncing the child’s first nationality.
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