The complexities of Spanish nationality for children born in Spain to foreign parents is a topic of significant interest and confusion. Many believe that being born in Spain automatically grants Spanish nationality to a child. However, the reality is more nuanced, and understanding the legal framework is important.
The Misconception of Automatic Spanish Nationality
There exists a widespread misconception, not only among foreigners but also among Spaniards, that children born in Spain are automatically Spanish citizens. This belief is incorrect. While there are circumstances under which a child born in Spain can acquire Spanish nationality, it is not a universal rule.
The Legal Framework: Jus Sanguinis and Jus Soli
Spanish nationality law primarily operates on the principle of jus sanguinis, meaning “right of blood.” According to this principle, a child’s nationality is determined by the nationality of their parents, regardless of the place of birth. Consequently, a child born to Spanish parents is Spanish, whether born in Spain or abroad.
However, Spanish law also accommodates the jus soli principle in exceptional cases. This “right of soil” grants nationality to children born on Spanish territory when the child’s nationality cannot be determined or to prevent statelessness. This exception is particularly relevant for children born to parents from countries whose nationality laws do not automatically confer nationality to children born abroad.
Common Scenarios and Exceptions
The application of jus soli in Spain is selective, aimed at preventing statelessness or situations where a child’s nationality cannot be easily ascertained. This mechanism becomes crucial for children of parents from countries with restrictive nationality laws.
For instance, the following countries do not automatically confer citizenship to children born abroad: Argentina, Brazil, Cape Verde, Colombia, Costa Rica, Cuba, Guinea-Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe, Uruguay
The process involves registering the birth in Spain and proceeding with a nationality application under the “presumption of nationality” principle, requiring proof that the child does not hold the nationality of the parents’ country.
The process of obtaining Spanish nationality for children born in Spain
For Children from Listed Countries
Parents from countries that do not automatically confer citizenship to children born abroad need to present specific documents to apply for their child’s Spanish citizenship through Nationality by Presumption. These documents include:
- Certificates of Nationality: Verification from the parents’ home countries confirming their nationality.
- Consular Certificate: A document asserting that the child does not possess the nationality of either parent, crucial for children from listed countries.
- City Registry Documentation: Proof of the child’s inclusion in the parents’ city registry, obtainable from the local town hall.
- Legalized Birth Certificate: The child’s birth certificate, legalized by the Spanish embassy or consulate, verifying the birth within the jurisdiction of the country where the child was born.
- Marriage Certificate: If applicable, to substantiate the legal union of the parents.
- Birth Certificates of Parents: Issued by the consulate, affirming the parents’ nationalities.
- Passports: Copies of the passports of both parents.
- Family Book: A document including the child, which solidifies the family unit within Spanish legal frameworks.
For Children from Unlisted Countries
When parents hail from countries not specifically listed, or their national laws do not recognize children born abroad as citizens, a different set of documents is required, focusing on residency rather than nationality by presumption:
- Residency Proofs: Documentation proving the parents’ legal residency in Spain is essential for the application process.
- Civil Registry Entry: Registering the child in the Civil Registry is necessary to obtain a passport for the child, reflecting the parents’ nationality.
- Residence Permit Application: As underage children of legal residents, parents must apply for a residence permit on behalf of their child.
- Application for Spanish Nationality: After a year of holding the residence permit, parents can apply for Spanish nationality for their child. This application is streamlined for minors, exempting them from exams required for adults.
General Process for Applying for Spanish Citizenship by Birth
Regardless of the parents’ origin, the process entails several steps, including:
- Birth Registration: The child’s birth must be registered at the Civil Registry Office, immediately securing a legal acknowledgment of the child’s birth in Spain.
- Passport Application: Register the child’s birth with the embassy or government of the parents’ home country and apply for the child’s passport.
- Applying for Residency: With all nationality paperwork in order, parents must then apply for a residency card (TIE) for their child, following the same procedures as when they applied for their residency in Spain.
Special Considerations
- European Citizens: If one parent is a European citizen, a special permit for children born in Spain may be applied for, streamlining the process further.
- Documentation Translation: All documents not in Spanish or a co-official language of Spain must be translated by a sworn translator, ensuring that all paperwork is comprehensible to Spanish authorities.
Implications for Parents
For parents living in Spain without legal residence, their child’s acquisition of Spanish nationality can have profound implications. It can facilitate a path to legal residency through a family reunification process, offering a five-year residency permit with work authorization. This is especially significant for parents in irregular situations, providing a legal avenue for regularization based on their child’s Spanish nationality.
The benefits of Spanish Nationality
Multilingual and Educational Benefits for Children
An often overlooked advantage of obtaining Spanish nationality for children born in Spain to foreign parents is the access to a multilingual environment and a high standard of education. Spain is known for its robust educational system, providing children with the opportunity to learn multiple languages—Spanish, along with regional languages, and often English—from a very early age.
Furthermore, Spain offers access to world-class universities and higher education institutions, where tuition fees are significantly more affordable compared to countries like the US or the UK. This educational advantage positions children for a future of expanded opportunities, both academically and professionally.
EU Citizenship and Rights for Children with Spanish Nationality
One of the most significant benefits of securing Spanish nationality for children born in Spain is the concurrent acquisition of European Union citizenship. This status extends the child’s rights far beyond the Spanish borders, allowing them to live, work, and travel freely within the EU.
This expansive right opens up a vast array of educational, professional, and personal development opportunities across Europe, ensuring that children with Spanish nationality are well-placed to capitalize on the freedoms and privileges that come with being a citizen of the European Union.
Related article: What are the benefits of obtaining Spanish nationality?
Acquiring Spanish Citizenship for Children: A Visual Guide
The following diagram outlines the various conditions under which a child born in Spain can acquire Spanish citizenship, navigating through scenarios based on parentage and legal residence.
Child Born in Spain
├── 1.Born to a Spanish parent
│ └── Automatically Spanish (Ius Sanguinis)
│
├── 2. Born to foreign parents, one of whom was also born in Spain
│ └── Eligible for Spanish nationality (excluding diplomatic/consular officials’ children)
│
├── 3, Born in Spain to foreign parents, where neither nationality nor their country of nationality allows for citizenship if born abroad
│ └── Eligible for Spanish nationality (to prevent statelessness)
│
├── 4. Born in Spain and parentage cannot be determined
│ └── Eligible for Spanish nationality (to prevent statelessness)
│
└── 5. Residing legally in Spain for one year (children born to foreign parents)
├── Parents obtain a passport from their country for the child
├── Apply for a residence permit in Spain
└── After one year, parents can apply for Spanish nationality on behalf of the child
└── Minor children exempt from language and culture exams
Conclusion
The path to Spanish nationality for children born in Spain to foreign parents is embedded in a complex legal framework, balancing between jus sanguinis and jus soli principles. It underscores Spain’s commitment to preventing statelessness among children born within its territory.
For affected families, understanding these laws and their implications is crucial, potentially opening doors to legal residency and a stable future in Spain. For those navigating these waters, professional legal advice is highly recommended to ensure a successful outcome.
