Residence Rights of a Child Born in Spain to Non EU Parents

Foreign children born in Spain to parents legally residing in Spain and the citizenship of the Union regime does not apply, will automatically acquire the same residence authorisation as one or both of their parents . For these purposes, the father or mother may request residence authorisation for the child from the time of birth or from the moment one of their parents accesses the legal residence.

If the child born in Spain is of a father or mother recognised as refugees, they may choose between applying for the family extension of the right of international protection or a residence authorisation, depending on the best interests of the child.

In the case of a child born in Spain of a foreigner holding a residence permit for family reunification as a descendant of another resident, the former will acquire a residence permit for family reunification dependent on his or her parent.

The application for authorisation of residence should be applied using form (EX-01 if you apply for temporary residence, EX-02 if you apply for residence for family reunification and EX-11 if you apply for long-term residence). Forms should be in duplicate, duly completed and signed by the father or mother legal resident of the foreign child born in Spain and present it personally in the Immigration Office of the province in which the foreign minor has his domicile. Along with the form, the parent should attached the original and copy of the complete passport, travel title or inscription card in force and the birth certificate of the minor.

Note on the validity of foreign public documents: To check the necessary requirements regarding the legalisation and translation of foreign public documents you can consult the information Sheet of the General Secretariat of Immigration and Emigration.

The renewals of these residence authorisations will follow the procedures and the procedure established for the residency authorisations of the reunited family members .

The residence authorisations granted will enable their holders when of working age, to work without needing any other administrative procedure.

Within one month of notification of the granting of the residence permit, the parent must personally request, accompanied by the minor, the Foreigner Identity Card, in the Immigration Office or Police Station corresponding to the province where the authorisation has been processed.

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.