The birth of a child in Spain and residence permit.

The birth of a child in Spain and residence permit.

Question: My child was born in Spain and received a Spanish birth certificate when I was there on a tourist visa. My Russian husband and I both returned to Russia after the birth of the baby. Whether it is possible to issue to the child the Spanish citizenship by the birth right, and after that to receive PERMANENT RESIDENCE to me. How to properly arrange this procedure?

Answer: Since you are citizens of another state, your child can not automatically obtain Spanish citizenship even if he was born in this country. Similarly, in the case of the birth of children, tourists, students studying in Spanish universities, as well as illegal immigrants, can not apply for citizenship. According to the Spanish Civil Code, citizenship by descent can only be obtained in two cases: if at least one of the parents is a Spanish citizen or a resident living in the country legally for at least a year.

But it is possible to arrange a residence permit in Spain for your family in a general regime, for example, without the right to work. There are other options for obtaining residence permit, which depend on your ability to invest in the Spanish economy. Also you can find an employer ready to hire you and get the appropriate permits and place an appropriate temporary residence.

For the subsequent registration of residence permit for your child, you must first apply for Russian citizenship in our consulate. Only after this, you can request for him a similar to your kind of residence in Spain. For its registration, the Spanish birth certificate issued to you in the maternity home, the passport, the residence permit of the parents and a document confirming registration in Spain are issued. Do not forget that the certificate has a limited validity (only three months). You can request this document, including through the Internet.

A year after you get a residence permit for a child, you have the right to qualify for a Spanish citizenship in the Registro Civil (analogue of our registry office). Only if one of the child’s parents is not a resident but a Spanish national, the parents are entitled to request Spanish nationality immediately after birth and registration.

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