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Travel Authorisation For Minors - Update 2019

Edit December 2019. According to the latest Instrucción, this travel authorisation is NOT needed for foreign minors, residing in Spain. Valid as of 1.9.2019.

Quote, translated, from the FAQs on the Ministry’s website, re the travel authorisation for minors:

Q4.- Is it applicable to foreign minors residing in Spain when they leave the national territory?

A4.- Foreign minors shall be governed by the provisions of their national legislation. Therefore, authorization to exit will NOT be necessary of Spain, unless the specific legislation of a State so provides.
Nor will this authorization be necessary for minors foreigners who are visiting or in transit in Spain.

For information, the Embassies of Romania, United Kingdom, The United States, Germany, Argentina, Ireland, Switzerland and Uruguay have informed this Ministry that its national laws do not provide for the need to issue this type of authorization.

At CAB Spain, we do not feel that this new Instrucción is a step forward with regards to the protection of foreign minors residing here, but rather a step backwards. We are aware that regulation is up to the country that is responsible for the issuing of the travel documents, but in situations of abduction by the parent without legal custody, a travel authorisation, to be presented at the border control when leaving Spanish territory, could have been an effective protective measure.

CAB Spain advises that to prevent delay or any problems at the Spanish borders, that parents should consider using the travel authorisation.

For Spanish minors, the following is still valid. In addition to their own valid passport or ID card, all children travelling:
alone; or
with adults who are not their legal guardian; or
with only one parent
may need an extra (official) document signed by their parents, second parent or legal guardian(s) authorising them to travel.

There are no EU rules on this matter, each EU country decides whether or not it requires such documents. Check, before the child travels, the requirements of the country you are travelling both from and to.

For Spanish nationals leaving other countries that are not Spain, could contact their consulates in those countries.  They may also just wish to use the information below.

Info from the Spanish Government for Spanish minors, new Instruction in force as of 1.9.2019.

An example of a Travel Authorisation form. Nowadays most offices will fill out the required fields on their computers, to be included in a letter-type of document. The form can be downloaded or printed out.

Travel Authorisation

 

Info from the Police in Spain: (this info was valid for all minors residing in and leaving Spanish territory in the situation described below, until 1.9.2019)
When a minor travels abroad on his/her own or with just one of the parents, you need to arrange for a Travel Authorisation for Minors, to obtain from the Policia Nacional or Guardia Civil. Documents to bring when you have the Authorisation drawn up: his/her passport and the passport of the parent authorising the journey abroad (the non travelling parent).  If you have a Libro de Familia, bring that as well, if not, some other document that proves you are actually his/her parent, like a birth certificate. Need to bring Residency certificates too.
On the trip itself, advisable to bring copy of the passport of the parent giving authorisation (the one that is not coming on the trip).

And if you are divorced, bring the divorce settlement so they can check who has legal custody of the minor.

For travels within Schengen area, signature of just one parent is enough…. outside Schengen however, they need signatures from both parents to be able to draw up the travel authorisation for a minor – just came into force yesterday, 14th of July 2014.

 

Also for information on countries where entrance with just a Spanish DNI is allowed Please note that the ´port of entry´ has the final say as to what documents need to be presented, so best check with your airline as well.

 

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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