# spanish nationality for the child of foreign parents/ taking Spanish Citizenship



## sara deeba (Sep 10, 2013)

hi everyone
Its Sara here. I came to spain on family reunion visa as my husband had residence card of spain valid for two years. I came in Spain in the last week of june, 2013. Unfortunately, my husband's residence card of spain expired in the same month and he submitted his case in ministry for renewal of his residence card which was rejected due to some technical error. Now since he did not had the residence card, the government refused to give me residence card which I was supposed to get on my husband's basis. Although he has appealed in the court, but it will take time. I got pregnant right away after coming in Spain and am three months pregnant now. I want to know that would the government of Spain give my child Spanish nationality since he/she would be born there. I had come there with high hopes but now the scenerio is totally changed due to rejection of my husband's case. Would my child be eligible to get spanish passport when we both the parents have become illegal here. Although I have got the medical card and am getting free medical treatment here so far, I am extremely worried for our future here in Spain. Please help me sort out this issue and give me appropriate guidance in this regard if any one out there can.
I would be highly oblidged.
Best Regards
Sara


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## gus-lopez (Jan 4, 2010)

No, the child will be classed as foreign , even though born here. He/She will legally be entitled to full medical care, as you are both pre & post natal.
If you remain in Spain until the child is 18 , He/She will then have the opportunity to chose to take Spanish nationality but only for a 2 year period.


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## xabiaxica (Jun 23, 2009)

gus-lopez said:


> No, the child will be classed as foreign , even though born here. He/She will legally be entitled to full medical care, as you are both pre & post natal.
> If you remain in Spain until the child is 18 , He/She will then have the opportunity to chose to take Spanish nationality but only for a 2 year period.


only for two years?

are you sure?

my elder daughter is considering taking Spanish nationality when she turns 18 (we'll also have been here 10 years by then) - that would seem to be a bit of a waste of time if it's only for two years :confused2:


edit - just realised that you mean they would have two years in which to apply!! DUH!


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## gus-lopez (Jan 4, 2010)

Yes I suppose I could have written it a bit better. 
Personally if I was your daughter I would as 2 sets of papers are better thn 1 ! 
You can travel anywhere in the EU on the spanish tarjeta . It's far easier to do anything , in some areas, if t is assumed you are a spaniard .What is there to lose ?


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## 90199 (Mar 21, 2010)

*Citizenship Spain*

We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.

Any one else been down this road?


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## kurt85 (May 7, 2013)

Hepa said:


> We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.
> 
> Any one else been down this road?[/QUOTE
> 
> ...


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## zenkarma (Feb 15, 2013)

xabiachica said:


> my elder daughter is considering taking Spanish nationality when she turns 18 (we'll also have been here 10 years by then) - that would seem to be a bit of a waste of time if it's only for two years


Don't forget the OP is a non-EU national.

This seems to be a common ruse these days, to get into an EU country on a temporary ViSA, have a child and then claim nationality in the EU country on the basis of the child's country of birth. Slipping in through the back door so to speak.

This isn't the first time I've heard of this, non-EU nationals are doing it in the UK too.

Something else they need to stamp out in my opinion.


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## xabiaxica (Jun 23, 2009)

zenkarma said:


> Don't forget the OP is a non-EU national.
> 
> This seems to be a common ruse these days, to get into an EU country on a temporary ViSA, have a child and then claim nationality in the EU country on the basis of the child's country of birth. Slipping in through the back door so to speak.
> 
> ...


the thing is, in Spain, they CAN'T claim nationality just because the baby was born here


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## xabiaxica (Jun 23, 2009)

gus-lopez said:


> Yes I suppose I could have written it a bit better.
> Personally if I was your daughter I would as 2 sets of papers are better thn 1 !
> You can travel anywhere in the EU on the spanish tarjeta . It's far easier to do anything , in some areas, if t is assumed you are a spaniard .What is there to lose ?


precisely

except that you're supposed to give up British nationality (in our case) when you take Spanish


we all three are considering it, but she is so very Spanish now that I'd be surprised if she didn't ASAP - with my blessing


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## 90199 (Mar 21, 2010)

kurt85 said:


> Hepa said:
> 
> 
> > We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.
> ...


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## xabiaxica (Jun 23, 2009)

Hepa said:


> *If in the unlikely event that the U.K. or for that matter Spain leaves the E.U., I wondered what the consequences might be for foreigners, being a Spanish citizen would negate that worry.
> *
> We also have no intention whatsoever of returning to the U.K. on a permanent basis, all our bricks and mortar are now here.
> 
> The only problem we have at the moment is obtaining the Criminal Records Euro check, but are awaiting a reply from that department regarding this.



yes, that's the main reason we're considering it


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## 90199 (Mar 21, 2010)

Oh dear, somehow the thread I started has been muddled with this one, perhaps I shall re post on another forum..........


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## xabiaxica (Jun 23, 2009)

Hepa said:


> Oh dear, somehow the thread I started has been muddled with this one, perhaps I shall re post on another forum..........


nonooooo

I merged them since they're essentially about the same topic


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## 90199 (Mar 21, 2010)

xabiachica said:


> nonooooo
> 
> I merged them since they're essentially about the same topic


Might have guessed...........makes one want to spit...................blooming hummer.


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## xabiaxica (Jun 23, 2009)

Hepa said:


> Might have guessed...........makes one want to spit...................blooming hummer.


just tidied up a bit

it's the nearest I ever get to housework


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## baldilocks (Mar 7, 2010)

kurt85 said:


> Hepa said:
> 
> 
> > We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.
> ...


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## Pesky Wesky (May 10, 2009)

xabiachica said:


> except that you're supposed to give up British nationality (in our case) when you take Spanish


I think you'll find that Britain does not recognise a renunciation of nationality, while Spain does not recognise dual nationality and you therefore end up with both passports and both nationalities


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> I think you'll find that Britain does not recognise a renunciation of nationality, while Spain does not recognise dual nationality and you therefore end up with both passports and both nationalities


that's what we're counting on


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## gus-lopez (Jan 4, 2010)

Yes, Pesky's correct. Best of both worlds.


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## sara deeba (Sep 10, 2013)

So my child's birth in Spain is not going to give us any advantage??? Which nationality he would be able to get then??? The nationality which we both husband and wife are having??? His nationality of Spain would be just for two years at the age of 18??? the whole scenerio is quite disappointing for me so far...isnot there any other way out??? I want to be a legal resident of Spain because the circumstances are not favourable for me to live permanently in my own country, due to both family and financial issues...I am a well educated and experienced English teacher. Would my qualifications help me get a job there without being a legal resident?? May be the court decides in our favour as my husband has appealed in court for renewal of his residence card. What if court gives a positive response in our case and my husband becomes a legal resident of Spain, would then my baby awarded the Spanish passport?? How long it takes to get the passport after child's birth?


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## Pesky Wesky (May 10, 2009)

sara deeba said:


> So my child's birth in Spain is not going to give us any advantage??? Which nationality he would be able to get then??? The nationality which we both husband and wife are having??? His nationality of Spain would be just for two years at the age of 18??? the whole scenerio is quite disappointing for me so far...isnot there any other way out??? I want to be a legal resident of Spain because the circumstances are not favourable for me to live permanently in my own country, due to both family and financial issues...I am a well educated and experienced English teacher. Would my qualifications help me get a job there without being a legal resident?? May be the court decides in our favour as my husband has appealed in court for renewal of his residence card. What if court gives a positive response in our case and my husband becomes a legal resident of Spain, would then my baby awarded the Spanish passport?? How long it takes to get the passport after child's birth?


Children born in Spain take their parents nationality. It's who you are that matters to them, not where you are born


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## 90199 (Mar 21, 2010)

xabiachica said:


> that's what we're counting on


One of the other Brits has both, he did his years ago, he renounced his British citizenship, the Spanish court took possession of his British passport, they then sent it to the British consulate, who in turn posted the document back to my friend.

Regarding two passports, just purchase the cheapest.

I cannot yet find any obvious disadvantages.

However the bloke at the courts said best to get it done prior to the introduction of the examination.


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## xabiaxica (Jun 23, 2009)

sara deeba said:


> So my child's birth in Spain is not going to give us any advantage??? Which nationality he would be able to get then??? The nationality which we both husband and wife are having??? His nationality of Spain would be just for two years at the age of 18??? the whole scenerio is quite disappointing for me so far...isnot there any other way out??? I want to be a legal resident of Spain because the circumstances are not favourable for me to live permanently in my own country, due to both family and financial issues...I am a well educated and experienced English teacher. Would my qualifications help me get a job there without being a legal resident?? May be the court decides in our favour as my husband has appealed in court for renewal of his residence card. What if court gives a positive response in our case and my husband becomes a legal resident of Spain, would then my baby awarded the Spanish passport?? How long it takes to get the passport after child's birth?


no - it makes no difference at all that he would be born in Spain - he would be whatever nationality you & his father are

If he managed to live here until the age of 18 (illegally, presumably, unless you & his father manage to get your paperwork sorted out ) he would be able to apply for Spanish nationality - & he'd have two years in which to do it - not tht it would only last for two years!

Your qualifications MIGHT get you a job offer - but that won't help you become a legal resident necessarily - because in order for the company to sponsor you on a work visa they'd have to prove that no EU citizens can do the job - & with 6 million unemployed _just in Spain _that's hardly likely unless you have some very specialist skills & qualifications

even if they decided to try to sponsor you, you'd have to return to your home country while the visa was being processed - it can't be done while you're in Spain 

if your husband's appeal is successful - your child still wouldn't be entitled to a Spanish passport - he'd be the same nationality as you & his father


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## gus-lopez (Jan 4, 2010)

sara deeba said:


> So my child's birth in Spain is not going to give us any advantage??? Which nationality he would be able to get then??? The nationality which we both husband and wife are having??? His nationality of Spain would be just for two years at the age of 18??? the whole scenerio is quite disappointing for me so far...isnot there any other way out??? I want to be a legal resident of Spain because the circumstances are not favourable for me to live permanently in my own country, due to both family and financial issues...I am a well educated and experienced English teacher. Would my qualifications help me get a job there without being a legal resident?? May be the court decides in our favour as my husband has appealed in court for renewal of his residence card. What if court gives a positive response in our case and my husband becomes a legal resident of Spain, would then my baby awarded the Spanish passport?? How long it takes to get the passport after child's birth?


No , a child born in Spain ,of foreign parents , is the nationality of the parents.

If he/she remains in spain until the age of 18 then they can choose to take spanish nationality. THey have 2 years from the age of 18 to make the decision . If he /she chooses to take spanish nationality then they will be spanish for as long as they live.


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