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Residence Rights of a Child not Born in Spain of Non EU Parents

Posted in: Information Topic
Author: Myra Cecilia Azzopardi
Tags: , ,

Minors not born in Spain who are children of foreigners legally residing here to whom the regime of citizen of the Union is not applicable, or who are in guardianship by a Spanish citizen or institution or by a legal resident foreigner, may obtain authorisation of residence when proof of continued residence in Spain for a minimum of two years and their parents or guardians meet the requirements of sufficient resources and accommodation required to exercise the right to family reunification .

When minors are of compulsory school age, they must prove that they have been enrolled in a teaching centre during their stay in Spain.

Documentation to be presented at the Immigration Office of the province in which the foreigner has his home address:

Application form ( official form EX-01 ) in duplicate, duly completed and signed by the father, mother or guardian.
Original and copy of the complete passport, travel title or inscription card in valid of the minor.
Documentation proving kinship with legal resident, or guardianship with citizen or institution.
Identification documentation of the applicant, which may be:
National Identity Document in the event of guardianship by a Spanish citizen.
Authorisation of residence of the father or the mother in the case of being a child under guardianship by a legal resident.
Documentation accrediting the stay in Spain for a minimum of two years.
Certificate proving having been enrolled in a teaching centre.
In the case of being the child of a foreigner who is resident under the guardianship of a Spaniard or a foreigner resident in Spain:
Documentation accrediting by any means of proof of employment and/or sufficient economic resources to meet the needs of the family.
Report on the availability of adequate housing issued by the Autonomous Community or, if this has been authorised, by the local Corporation of the place of residence.
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 residence authorisations granted will enable that when their holders reach the working age, to work without needing any other administrative procedure.

The validity of the authorisations granted for this reason will be linked, where appropriate, to that of the residence authorisation of the father, mother or guardian of the interested party. In case the authorisation derives from its guardianship by a community citizen, its duration will be five years.

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

Within one month of the notification of the granting of the residence permit, the father, mother or guardian must personally request, accompanied by the minor, the Alien 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.

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