# Born in Spain



## Mex-US (Jan 23, 2013)

Hi,

I was born in Santacruz de Tenerife in 1982 and the moved to India in 1984. I am currently working in US for past 6 years now.

Is it possible for me to get Spanish citizenship or residency easily since i was born in Spain?

Thanks and Appreciate your help.


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## xabiaxica (Jun 23, 2009)

Mex-US said:


> Hi,
> 
> I was born in Santacruz de Tenerife in 1982 and the moved to India in 1984. I am currently working in US for past 6 years now.
> 
> ...


it depends.....

have a look at this - there are lots of sources all over the net but they all say the same

Spanish nationality law - Wikipedia, the free encyclopedia



> *Spanish nationality by origin*
> 
> 
> Biometric Spanish passport
> ...


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## Overandout (Nov 10, 2012)

Interesting question!

Xabiachica has given a clear indication of the rules regarding nationality, but I would imagine that question of residency will be more difficult to answer.

From my knowledge of the system there is no automatic or preferential right to residency at all under the new rules.

In fact I have confirmed with Extrajería that as an EU community member planning to leave Spain, I will be subject to the same conditions as any other EU community member upon my return, this is despite the fact that I own a flat here. So in theory, I could be refused residency in a country where I own a residency!!!

Also interesting is that we recently applied for residency for my second son who was born in Spain at the end of 2011 (he is English by nationality). He has been granted residency as from the date of application and so in theory has lived in Spain for one year without legal residency! He is not, of course a resident of any other country either, so I'm wonderimng what problems this may cause him later in life.....


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Interesting question!
> 
> Xabiachica has given a clear indication of the rules regarding nationality, but I would imagine that question of residency will be more difficult to answer.
> 
> ...


I understood that Spanish nationals have automatic right to residency in Spain - once Spanish always Spanish

you're not a Spanish national so you have no right to residency - but as British you do have a right to residency there


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## Overandout (Nov 10, 2012)

xabiachica said:


> I understood that Spanish nationals have automatic right to residency in Spain - once Spanish always Spanish
> 
> you're not a Spanish national so you have no right to residency - but as British you do have a right to residency there


Of course you are correct with what you state, I'm not sure if I made it sound otherwise, if so, that was not the intention.
To me it is clear that the OP is probably not a Spanish national and therefore probably has no automatic or preferential right to residency here.

If Spain can choose to deny me the right to live in my own house in the future I'm pretty sure that they can choose to refuse residency to anyone who's only link to the country was having been born here......


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## xabiaxica (Jun 23, 2009)

Overandout said:


> Of course you are correct with what you state, I'm not sure if I made it sound otherwise, if so, that was not the intention.
> To me it is clear that the OP is probably not a Spanish national and therefore probably has no automatic or preferential right to residency here.
> 
> If Spain can choose to deny me the right to live in my own house in the future I'm pretty sure that they can choose to refuse residency to anyone who's only link to the country was having been born here......


to be fair nothing is clear from th einfo he has given - his parents or one of them might be a Spanish national for all we know


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## 90199 (Mar 21, 2010)

I would suggest that you ask this question at the Spanish Consulate in the country which you now reside.


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