If you are a legal resident foreigner in Spain and your child was born in the country, we explain how to apply for residency for your child born in Spain in a simple way.
What type of authorization is obtained?
This is a residency authorization for children born in Spain to foreigners with legal residency. The minor acquires the same authorization as their parent, whether temporary or long-term, and is granted residency as a minor born in Spain.
Requirements for residency for a minor born in Spain
All requirements must be met when applying for a NIE for a newborn in Spain when the child is born to foreigners in Spain.
- The child must not be a community citizen or a family member of a citizen of the European Union, the European Economic Area, or Switzerland.
- The child must have been born in Spain.
- At least one of the parents must be a legal resident in Spain.
Documentation Needed to Obtain Residency for a Minor Born in Spain
- Application form in duplicate, completed and signed by the father or mother:
- EX-01 if applying for temporary residency.
- EX-11 if applying for long-term residency.
- Copy of the passport, travel document, or valid registration card of the minor.
- Birth certificate of the minor.
- Certificate of registration (empadronamiento) with the parent.
Important! Foreign documents must be translated into Spanish or the official language of the area where the application for residency for minors born in Spain is submitted. Additionally, foreign public documents must be legalized by the Spanish Consular Office or apostilled according to the Hague Convention, unless exempted from legalization by an International Convention.
TIE Application for Minors Born in Spain
To obtain the Foreign Identity Card (TIE) for minors born in Spain with residency, the minor must present:
- TIE application form (EX-17).
- Proof of payment of the fee.
- A recent color photo, passport size, with a white background.
- A favorable resolution of the residency application.
- Proof of appointment.
Renewals and Denials
- Renewals follow the same procedure as family reunification residency permits.
- If the application is denied, you can file an administrative appeal within one month or a contentious-administrative lawsuit within two months to obtain residency for a child born in Spain.
Legal Framework for Residency of Minors Born in Spain
Here is the legal framework and regulations that govern the procedures for obtaining a NIE for a child born in Spain to foreign parents:
- Organic Law 4/2000 of January 11, regarding the rights and freedoms of foreigners in Spain and their social integration (articles 16 to 19 and 31).
- Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011 of April 20 (article 185).
Frequently Asked Questions about Residency for Minors Born in Spain
- What happens if I want to apply for residency for minors not born in Spain? If you want to apply for residency for minors 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 continuously in Spain for at least two years. The parents must also demonstrate sufficient financial means to support the minor, which equates to 150% of the IPREM for a two-member family unit, and submit a report of adequate housing.
- Does the nationality of the minor born in Spain affect the residency application for a foreign-born minor in Spain? Yes, the nationality of the minor born in Spain does influence the residency application for a foreign-born minor. According to Spanish law, children born in Spain to foreign parents with legal status have different rights compared to minors born abroad.
- Is the NIE application process the same for EU children born in Spain as for non-EU minors born in Spain? The application process for obtaining the NIE is different for EU children born in Spain and non-EU minors born in Spain. EU minors usually receive the NIE as part of their registration certificate, which simplifies the process by automatically recognizing their right to reside in the country.