Being born in Spain does not automatically grant Spanish nationality by presumption. The principle governing this is “ius sanguinis,” which means that children born to parents with Spanish nationality are considered Spanish citizens. Therefore, the fact that a child is born in Spain does not imply automatic acquisition of Spanish nationality.
However, many people may wonder if it is possible to obtain Spanish nationality by presumption if their baby is born in Spain. Granting nationality in these cases only occurs if certain circumstances are met.
The child would acquire nationality when the parents lack it or when their legislation denies nationality to the child. Only in these cases will Spain grant nationality to the child of foreign parents, with the purpose of preventing the deportation of the minor.
However, if you want to know more about how to obtain Spanish nationality by simple presumption, we recommend that you continue reading this article.
Nationality by simple presumption: What is it?
This type of nationality is granted to children born in Spanish territory with foreign parents. Generally, children of foreigners do not automatically acquire the nationality of the country in which they are born, and Spain is included in this case.
Parents may choose not to grant their child the nationality of a country, which could leave the child stateless. However, in Spain, the laws state the following: Article 17 of the Civil Code stipulates that a child in this situation will be granted Spanish citizenship by simple presumption.
However, although this process is not simple and is largely subject to the laws of the family’s country of origin, in some cases, it may be required that the children maintain the nationality of the parents.
What does Spanish legislation say about this type of nationality?
Spanish legislation states that minors born in Spain, if their parents are foreigners, acquire nationality by presumption of their parents.
However, for some countries, nationality is not granted to the children of their nationals, when the children are born in other countries.
In these cases, the Spanish legislation, in defense of children’s rights, grants nationality by simple presumption to minors who are at risk of becoming stateless due to the laws of the country the parents are from.
Who can apply for it?
For those who wish to obtain Spanish nationality by simple presumption, it is necessary to know that for this to be possible, the parents must have one of the following nationalities:
Portugal, Bolivia, Brazil, Colombia, Argentina, Peru, Cape Verde, Costa Rica, Cuba, Panama, Paraguay, Guinea Bissau, Uruguay, and Sao Tome and Principe.
In cases where the parents share the same nationality, or in situations where they do not coincide, children can apply for Spanish nationality by presumption, as long as the parents combine one of the aforementioned nationalities between them.
However, there are two additional special scenarios where the child could acquire nationality by simple presumption, even if the parents are not from any of the aforementioned countries.
These are when the mother is Moroccan and single, and the father (with whom she is not married at the time) is from one of the mentioned countries. Or if the parents are from specific regions of Palestine, albeit with additional requirements in this case as well.
What if the parents are not from any of the previously listed nationalities?
If the parents are not from any of the previously listed nationalities, this means their home country automatically grants nationality to their children, regardless of where they were born.
However, there are still benefits to being born in Spain. The main one being that the process for the child to obtain Spanish nationality is simpler compared to the general process of 10 years.
If the parents are foreigners they must be legal residents in Spain for their child to be eligible for residency later. After the child’s birth, the child must be registered in the Civil Registry to obtain a passport reflecting the parents’ nationality.
From here, the parents can apply for the child’s residency as a minor child of legal residents.
After one year of residency, the child can apply for Spanish nationality, without the need for exams due to being under 18.
Another benefit is that this does not have to be done immediately. As long as the child was born in Spain, he or she can obtain legal residency, and after one year, apply for nationality.
This is possible even if the child leaves Spain for some time.
How to apply for nationality by simple presumption
This process can be carried out by both the parents and the legal representatives of the minor. To initiate it, it is necessary to submit an application addressed to the Judge responsible for the Civil Registry.
In this application, the parents must provide their identity details and express their desire to obtain Spanish nationality for their minor children through the Declaration with the value of simple presumption.
If you need assistance in obtaining Spanish nationality by simple presumption for any of your children, we recommend that you seek the help of experts. Our professional team is highly qualified in immigration cases.
So we can help you with anything you need. We facilitate and expedite any process.
Book a consultation with one of our lawyers and let us answer all your questions:
At Balcells Group we have been foreigners effortlessly moving to Spain for over 11 years. We help expats from all around the world with their immigration, business, tax and legal needs; ensuring a legally safe and enjoyable transition to the Spanish territory. Our multilingual team understands the importance of adapting to the cultural and legal specificities of our international clients. We offer a comprehensive service that combines the expertise of several generations of lawyers with the innovation needed to address today’s legal challenges, always striving to simplify processes and ensure reliable, effective results.
