# Nationality of children born in Spain of non Spanish parents



## Pesky Wesky

Hi,
in a thread from a while ago I gave some info that was incorrect and so I'm trying to clear it up. I'm referring to this thread started by xose (who hasn't been on for ages and who I'd really like to _read_ again)
http://www.expatforum.com/expats/sp...g-spain/31205-more-you-exist-you-pay-hmg.html

Here we talked about the nationality of children born in Spain to non Spanish parents. I thought they were able to get Spanish nationality, but I was wrong. I have finally remembered to ask my friends and their daughter was not allowed Spanish nationality. Her parents are American mother and British father. So, it's *blood*, not *land *that counts.

Sorry about that


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## Joppa

I think Spanish citizenship can also be obtained by residence, if an individual was born in Spain (of any parentage) and has lived there for a year. It's under Article 22 of the Civil Code.
Cdigo Civil


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## xabiaxica

Joppa said:


> I think Spanish citizenship can also be obtained by residence, if an individual was born in Spain (of any parentage) and has lived there for a year. It's under Article 22 of the Civil Code.
> Cdigo Civil


so I wonder why PW's friends' dd was refused?


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## Joppa

xabiachica said:


> so I wonder why PW's friends' dd was refused?


I don't know, but the Civil Code states that the one-year residence must be continuous, legal and immediately preceding the request for citizenship. It doesn't seem to lay down any other conditions, like the immigration status and nationality of parents. There may be other requirements that need to be met as specified in other rules and regulations, and like so many things in Spain, may depend on how individual office or official you apply to interprets them.


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## Pesky Wesky

xabiachica said:


> so I wonder why PW's friends' dd was refused?


I don't think it was a case of being refused exactly. Sarah was born and when they went to register the birth they were told she had to be British or American, but not Spanish. She's now 9 years old and they haven't *asked* for Spanish nationality.


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## jojo

So how does a child born in Spain of British parents get a passport to go back to Britain if necessary????? Surely the passport has to come from the country of birth on the birth certificate and where its applied from?

Jo xxx


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## Joppa

jojo said:


> So how does a child born in Spain of British parents get a passport to go back to Britain if necessary????? Surely the passport has to come from the country of birth on the birth certificate and where its applied from?


Spanish birth certificate is just that - a proof of someone's birth on Spanish soil, not a proof of nationality, just as British birth certificate of a foreigner born in UK doesn't in itself confer British citizenship. You as a parent apply for British passport from the consulate general in Madrid. There is no need to register his or her birth at the consulate (though it's convenient to do so as you and your child can obtain further birth certificates from GRO in UK - it's rather costly to register a birth at the consulate, currently 117 euro) and will accept Spanish birth certificate from Civil Register plus proof of parents' nationality (e.g. full birth and marriage certificates). British nationality law being complicated, not everyone born of British parents in Spain is automatically British - one of the parents must be a British citizen otherwise than by descent (i.e. born, adopted or naturalised in UK or overseas territories). In case of a child born of British parents, neither of whom is otherwise than by descent, the child can only be registered as British, and normally requires three years of residence in UK together with the parents. There are some exceptions to this rule, such as British parent by descent having lived in UK for three years prior to the child's birth.


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## Caz.I

Joppa said:


> I don't know, but the Civil Code states that the one-year residence must be continuous, legal and immediately preceding the request for citizenship. It doesn't seem to lay down any other conditions, like the immigration status and nationality of parents. There may be other requirements that need to be met as specified in other rules and regulations, and like so many things in Spain, may depend on how individual office or official you apply to interprets them.


I may be reading this wrong, but isnt the one year rule referring to adults only?
My brother had legal advice about his children getting Spanish nationality and was told that although the children were born here since neither of the parents had Spanish nationality, the children would have to wait till they were 18.
(Maybe because they would have the right to choose for themselves?)

My son was born here too and neither me nor his father had Spanish nationality. I opted for British, as I didnt want him to have his fathers nationality (too restrictive) and to be honest I didnt know at that stage if we were going to stay here permanently. I had to register him at the local Juzgado within one month of the birth and got a Spanish birth certificate for him and then applied for a British passport through the consulate in Madrid (when he was 3 months old).

The only weird thing is that now he's nearly 5 (next week!) when he travels abroad the photo bears no resemblance to what he now looks like! 

Caz.I


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## gus-lopez

Caz.I is more or less correct. Joppa, it's article 17;paragraph 2. 

A child born in Spain takes the nationality of it's parents. When the child attains the age of 18 he then has 2 years in which to elect to adopt Spanish nationality.

Caz.I , doesn't the passport for a baby / child have to be renewed @much shorter intervals, to keep photo up to date?


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## Caz.I

gus-lopez said:


> Caz.I , doesn't the passport for a baby / child have to be renewed @much shorter intervals, to keep photo up to date?


You would think so, wouldnt you? Well it is only issued for 5 years so he will have to get a new one this year, so I suppose if a child gets one when he is about 10 it probably wouldnt look that different. However, in my son's case he obviously has changed a lot since 3 months old! Oddly enough, no one has commented on this at passport control in the UK even though he has travelled there several times in the last 2 years.  

Caz.I


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## gus-lopez

Caz.I said:


> You would think so, wouldnt you? Well it is only issued for 5 years so he will have to get a new one this year, so I suppose if a child gets one when he is about 10 it probably wouldnt look that different. However, in my son's case he obviously has changed a lot since 3 months old! Oddly enough, no one has commented on this at passport control in the UK even though he has travelled there several times in the last 2 years.
> 
> Caz.I


Does make you wonder what they look at.


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