If you wish to apply for residency in Spain for minor children not born in Spain, there are several requirements and steps to follow. First, at least one of the parents must be a legal resident in Spain. Additionally, the minor must have lived in Spain continuously for at least two years. The parents must also prove that they have sufficient financial means to support the minor, which is equivalent to 150% of the IPREM for a two-member family unit, and provide a report of adequate housing.
What is residence for minor children not born in Spain?
It is a residence permit for minor children not born in Spain that allows the minor children of foreign legal residents in Spain, who were born outside the country, to legally reside with their parents or legal guardians. This authorization is linked to the father, mother, or legal guardian who grants the right of residence to the minor not born in Spain.
It is the appropriate process when the child cannot apply for Spanish nationality by simple presumption. The process is similar to family reunification, but with the advantage that the minor does not need to return to their country of origin and can apply for this residence for minors not born in Spain.
Requirements to apply for residence for minor children not born in Spain
- At least one parent as a legal resident in Spain: One of the parents must have a valid residence permit in Spain. It is not necessary for both parents to be legal residents.
- Authorization from the non-resident parent (if applicable): If only one parent is a legal resident and the other resides abroad, the latter must give their consent at the Spanish consulate in their country for the child to reside in Spain with the resident parent.
Do both parents need to live together to process this residence for a minor not born in Spain?
No, it is not necessary for both parents to live together in Spain to apply for the minor’s residence.
Additional requirements for residence for minors not born in Spain
In addition to having at least one legal resident parent and the authorization of the other parent (if applicable), there are other key requirements:
Continuous residence in Spain for 2 years
The minor must have lived in Spain continuously for at least 2 years. This can be proven with official certificates, such as historical registration (empadronamiento). It is crucial to register your child as soon as they arrive in Spain.
Parents must have sufficient financial means
The legal resident parent must demonstrate that they have sufficient financial means to support the minor. This means proving 150% of the IPREM (10,800€) for a two-member family unit, or 200% of the IPREM (14,400€) if both parents reside in Spain.
The way to demonstrate these financial means varies depending on the parent’s employment situation for the residence of minors not born in Spain:
- Employment (employee): Employment contract, pay slips, and the latest income tax return.
- Self-employment: Proof of solvency through economic activity (previous year’s income tax return).
- No employment but sufficient funds: Bank certificate showing the required amount.
Obtain a certificate of suitable housing.
Minors not born in Spain must have access to suitable housing. Request the suitable housing report at the corresponding town hall. A public official will evaluate the housing and issue a favorable report if it meets the requirements.
For this procedure, you will need the rental contract, the last payment receipt, and a utility bill (water or electricity). The process may take a few months, so it is recommended to request it in advance.
Documentation for residence for children not born in Spain:
Here are the documents needed to obtain the NIE for my child if they were not born in Spain:
- Passport of the minor and a complete photocopy.
- Completed application form EX-01 signed by the father, mother, or legal guardian.
- Birth certificate of the minor to prove the family relationship.
- Identity document of the applicant (DNI if the guardian is Spanish, residence card if the parent is foreign).
- Historical registration certificate of the minor.
- School enrollment certificate (if the minor is of school age).
- Proof of financial means.
- Payment of the fee Model 790 Code 052.
Important! All foreign documents must be legalized and apostilled when applying for residence for children not born in Spain.
Where to apply for residence for children not born in Spain of foreign parents?
Submit the application at the Immigration Office in your city. The process typically takes a maximum of 45 days. If you do not receive a response within that period, it will be considered denied by negative administrative silence.
Do you have doubts about whether you meet the requirements or how to start the process?
Contact Lexmovea! We will provide personalized advice and guide you through every step of the process to ensure your child can obtain their residence in Spain quickly and easily.
Frequently asked questions about residence for minors not born in Spain.
- Is residence for minors not born in Spain the same as for those born in Spain? No, residence for minors not born in Spain is not the same as for those born in the country.
- Residence for minors born in Spain: Minors born in Spain generally have the right to Spanish nationality if at least one of their parents is Spanish or if they are children of foreigners who reside legally in the country.
- Minors not born in Spain: For minors who are not born in the country, the process to obtain residence requires that at least one of their parents be a legal resident in Spain. It is important to follow the details outlined in this article to correctly complete the application.