The principle of simple presumption or birth is a pathway to obtain Spanish nationality by origin. It applies when a child is born in Spain to foreign parents who lack nationality or whose legislation does not grant nationality to their children. This process is handled directly at the Civil Registry.
What Is Spanish Nationality by Simple Presumption?
Article 17.1(c) of the Civil Code establishes that Spanish nationality by origin is granted by simple presumption if a child is born in Spain to foreign parents who have no nationality or if the legislation of their countries of origin does not grant nationality to the child. This option prevents children born in Spain from becoming stateless, meaning without nationality.
The simple fact of being born in Spain does not automatically grant Spanish nationality to a child of foreign parents. For this process to be formalized, the parents must obtain a certificate from the Consulate of their country of origin confirming that the child has not been registered and, therefore, lacks nationality.
This process is also applicable in cases where both parents are stateless, meaning they have no nationality.
Countries Eligible for Spanish Nationality by Simple Presumption
This process specifically applies to nationals of the following countries:
- Argentina
- Bolivia
- Brazil
- Cape Verde
- Colombia
- Costa Rica
- Cuba
- Guinea-Bissau
- Panama
- Paraguay
- Peru
- São Tomé and Príncipe
- Portugal
- Uruguay
It is important to note that to initiate this process, both parents must share the same nationality from the countries listed above or be part of a mixed marriage where both are on the list.
For other nationalities not included, the viable option would be to apply for nationality by residence, which requires meeting a legally established residency period in Spain.
Special Cases
Certain specificities apply to the simple presumption process for some countries:
- Ecuador: This option is only available to children born before October 20, 2008. Those born on or after that date, including the same day, cannot access Spanish nationality through this route.
- Morocco: The simple presumption is only valid if the mother is Moroccan and the father is from one of the countries listed above, whose legislation does not grant nationality to children born abroad.
- Palestine: Palestinian legislation is complex and varies depending on factors such as mixed marriages, the law of the non-Palestinian spouse’s country, the host country, and the legal status of the parents. A specific consultation is necessary to determine whether simple presumption applies in each case.
Benefits for Parents
Parents of a child who obtains Spanish nationality by presumption can also benefit significantly. Beyond facilitating their child’s nationality process, this achievement can allow parents to apply for a residence permit in Spain if they are in an irregular situation.
The residence permit, known as Arraigo Familiar, enables parents to live and work in Spain for a period of one to five years, depending on the circumstances. This permit can be continuously renewed or modified to access other types of residency, providing additional stability for the family in Spain.
Benefits of Hiring Lexmovea
At Lexmovea, we offer comprehensive and specialized assistance to make obtaining nationality for your children as simple and efficient as possible. Hiring us provides the following benefits:
- Proven Experience: With over 6 years of experience in immigration and Spanish nationality procedures, we have a 98% success rate in our cases.
- Personalized Analysis: We perform a detailed analysis of your situation to ensure the correct steps are followed from start to finish.
- Comprehensive Advice: We guide you through every stage of the process, ensuring you understand all the requirements and legal procedures for nationality by simple presumption.
- Document Preparation: We handle the preparation of all required documents, ensuring everything is in order and ready for submission.
- Complete Management: For cases eligible for online applications, we take care of sending the documentation to the competent authority, leaving you with only the signing. We handle the rest.
- Continuous Support: We offer ongoing support throughout the process, keeping you informed and addressing any questions you may have.
With Lexmovea, you can trust that your case is in expert hands, allowing you to focus on other important aspects of your life while we manage the entire legal procedure.
Requirements to Acquire Spanish Nationality by Simple Presumption
Applying for Spanish Nationality by Simple Presumption: Requirements to Meet
- Born in Spain.
- Parents without nationality or from countries whose legislation does not grant nationality to the child. Some of these countries eligible for nationality by simple presumption are: Argentina, Brazil, Bolivia, Colombia, Costa Rica, Cuba, Cape Verde, Guinea-Bissau, Panama, Paraguay, Peru, Uruguay, São Tomé and Príncipe, and Portugal.
- For Ecuador: Nationality by simple presumption can only be requested if the child was born before October 20, 2008.
It is advisable to review the current legislation of each country to confirm eligibility for nationality by simple presumption.
How Is the Simple Presumption Nationality Application Processed?
The application is submitted directly to the Civil Registry where the child will be registered. The Spanish passport or DNI for the minor can be processed once the nationality application is approved.
Required Documentation for Simple Presumption Nationality
To apply for Spanish nationality by simple presumption or birth at the Civil Registry, the following original documents and photocopies are required:
- Official nationality presumption application form: Completed and signed by the applicant (official model).
- Literal birth certificate of the minor: Valid for a maximum of 3 months (obtained from the Civil Registry).
- Historical census certificate: For the applicant, the parents, and the minor, from the municipality within their judicial district. Valid for 3 months.
- Certificate from the consulate of the parents’ country of origin in Spain: If the parents are of different nationalities, a certificate must be provided for each.
- Consulate certificate stating the personal law of that country for children born abroad: This certificate must indicate the legal provision under which the child does not acquire the parents’ nationality and confirm that the child has not been registered in the consular offices of their country in Spain.
- Valid residence card or passport of the parents: To confirm identity. Legal residence is not required for parents when applying for nationality by simple presumption for their child.
- Proof of habitual residence with stability and permanence in Spain: This may include a rental contract, employment contract, children’s school enrollment, tax payments, job-seeking records, or employment history.
How Long Does the Process Take?
One of the most frequently asked questions about this method of acquiring nationality for children born in Spain concerns the process duration.
While providing an exact timeframe is difficult, this procedure is generally resolved within several months. This speed is significantly faster compared to other methods of obtaining Spanish nationality by presumption, which can take years.
The exact duration may vary depending on factors such as the volume of applications during a given period, the region where the documentation is submitted, and the specific complexity of each case. Despite these variables, applicants opting for this method can expect a relatively quick process compared to other available alternatives.
Granting of Nationality by Simple Presumption
Parents of a minor who acquires Spanish nationality by simple presumption may apply for a temporary residence permit under Arraigo Familiar. This initial permit is valid for 5 years and allows parents to reside and work legally in Spain.
Frequently Asked Questions About Spanish Nationality by Simple Presumption
- Do my children born in Spain automatically obtain Spanish nationality? No, being born in Spain does not automatically guarantee Spanish nationality. There are several ways to acquire it, and simple presumption is one of them, applicable only in specific situations.
- What happens if only one of my parents is from a country that does not grant nationality to children born abroad? In this case, simple presumption cannot be applied. Both parents must be citizens of countries whose laws do not grant nationality to children born abroad, or both must be stateless.
- Can I apply for nationality by simple presumption for my child if they already have another nationality? No, nationality by simple presumption can only be requested if the child has not acquired any other nationality through their parents.
- How long does the simple presumption nationality process take? The duration of the process may vary depending on the workload of the Civil Registry. It is advisable to consult the specific Civil Registry for a more accurate estimation.
- What can I do if my application for nationality by simple presumption is denied? If denied, you can file an appeal with the Directorate General of Registries and Notaries (DGRN) within one month of receiving the rejection notification.
- Can I apply for a residence permit under Arraigo Familiar if my child obtains Spanish nationality by simple presumption? Yes, once your child obtains Spanish nationality by simple presumption, you can apply for a residence permit under Arraigo Familiar, provided you meet the additional requirements established by law.
- Will a child who acquires nationality by simple presumption be considered a Spaniard by origin? Yes, according to Article 17 of the Spanish Civil Code, a child born in Spain to foreign parents will be considered a Spaniard by origin if both parents are stateless or if the legislation of neither parent grants nationality to the child by presumption.
- What should the application form for nationality by simple presumption include? The application form must include personal details such as full name, date and place of birth, and identification number (DNI, NIE, or passport). It should specify the relationship with the Spanish citizen justifying the application and include supporting documents like the birth certificate and proof of the parents’ nationality or Spanish relative. Additionally, a declaration stating compliance with the requirements must be included. The form must be signed, dated, and supplemented with relevant documentation.
- How long does the process for nationality by simple presumption take? The process can take several months to a year, depending on the workload of the Civil Registry where the application is submitted and the complexity of the case. While faster than other pathways to Spanish nationality, the exact duration varies.
- Which countries are eligible for nationality by simple presumption? Spanish nationality by simple presumption applies to children born in Spain whose parents are from countries that do not automatically grant nationality. Eligible countries include Argentina, Bolivia, Brazil, Colombia, Cuba, Peru, Uruguay, and Portugal, among others. For Ecuador, this applies only to those born before October 20, 2008. It is crucial to verify the laws of each country and the parents’ situation.
- What is simple presumption, and what does Spanish nationality by simple presumption entail? Simple presumption is a legal mechanism in Spain allowing children born in the country to acquire Spanish nationality if their foreign parents’ laws do not grant them nationality, preventing the child from becoming stateless. This process applies to specific countries and requires documentation submitted to the Civil Registry.
- How can I apply for Spanish nationality by simple presumption for my child? Parents must submit the application at the Civil Registry of the child’s birthplace, along with a consular certificate proving the child cannot obtain the parents’ nationality. The application also requires the child’s birth certificate, family registration certificate, and parents’ identification documents. This ensures the child does not remain stateless.
- What does Spanish nationality by simple presumption mean? Spanish nationality by simple presumption ensures children born in Spain do not become stateless. It applies when foreign parents cannot pass on their nationality according to their country’s laws. The process is managed at the Civil Registry with the necessary supporting documentation.