As a foreign parent residing in Spain, you probably have a clear goal: to secure your children’s future and provide them with the stability a European passport offers. Did you know that the procedure for your children is usually much simpler, faster, and cheaper than for adults?
Many are unaware that children enjoy enormous advantages, such as being exempt from the dreaded culture exams. In this guide, we will break down step by step how to process Spanish nationality for minors, without getting lost in the bureaucratic labyrinth.
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The two main pathways: residence or option?
This is the first crossroads where you must stop. There is no single way to ask for your child’s papers; it depends on where they were born and your own legal situation. Choosing the right path will save you months of waiting.
Nationality by Residence (the standard path)
This applies when the minor is a foreigner, lives legally in Spain with their residence card, and meets the deadlines set by law (which we will see below). It is the usual route for children born here or who came with you from your country.
Nationality by Option (the derived express route)
This is a legal gem. If you, as a father or mother, obtain Spanish nationality, your minor children can “opt” for it automatically. It is a right derived from you. This process is usually bureaucratically lighter because it does not require proving the minor’s residence times, but rather your link with them.
Requirements for nationality by residence (the most common case)
If the parents are still foreigners, the route will be residence. Here the key requirement is to demonstrate legal and continuous residence in Spain prior to the application. Note: the child must have a valid residence card; being on a tourist visa, student stay, or in an irregular situation is not valid.
Residence deadlines required for the minor:
- Born in Spain: Only need 1 year of legal residence. It is the fastest and most privileged way.
- Refugees: Require 5 years.
- Nationals of Ibero-American countries: (Includes Brazil, Portugal, Andorra, Philippines, Equatorial Guinea) Require 2 years.
- General rule: For all other nationalities not born in Spain, 10 years are required.
Necessary documentation for the minor’s file
Preparing the folder of papers is 80% of the success. Keep in mind that any document coming from outside Spain must be legalized (or apostilled) and translated by a sworn translator if it is not in Spanish.
Documents of the minor
You will need the birth certificate from their country of origin (complete), their full Passport (scan of all pages, even the empty ones), and their valid Foreigner Identity Card (TIE). An expert tip: add the school enrollment certificate, although it does not always appear as mandatory on the official list, it is the golden proof of their integration.
Documents of the parents
Do not forget about yourselves. You must provide your full passports and valid TIEs. In addition, the family census certificate (historical and collective) is vital to demonstrate cohabitation with the minor, and occasionally, your own birth certificates.
Do you want a expert consultation? Contact us and we will help you.
Age matters: who signs and who takes the oath?
The process is not the same for a baby as for an adolescent. The legal capacity of the minor changes upon turning 14, and this affects who must go to the registry or sign digitally.
Minors under 14 years old
The parents (both legal representatives) sign and manage absolutely everything. The child does not have to go to sign the application nor do they have to perform the Oath of Nationality at the end. It is a purely administrative procedure for the parents.
Minors over 14 years old (14-17)
Here things change. The minor must sign the application, although assisted by their parents. And most importantly: at the end of the process, when nationality is granted, the minor must perform the Oath of Nationality in person (promising loyalty to the King and the Constitution) to obtain their DNI.
The great advantage: exemption from exams (CCSE and DELE)
If you have processed your own nationality, you will know the stress caused by the Instituto Cervantes exams (the CCSE knowledge test and the DELE language test). I have excellent news: minors under 18 are exempt from these tests.
They do not have to study laws or demonstrate a level of Spanish with an official exam. The administration presumes their integration through compulsory schooling. That is why we insisted earlier on the importance of providing certificates from the school or institute: they are their “passport” to skipping the exams.
Fees and cost of the procedure (Form 790)
The procedure is not free, but it is not excessive either. You must pay the administrative fee using Form 790 code 026. The current price is around €104.05 (rate subject to annual updates; verify it on the Ministry of Justice website before paying).
Important detail: The fee is per application, not per family. If you are going to submit files for three children, you will have to pay three independent fees.
Frequently asked questions about minors and nationality
What happens if the parents are divorced?
This is a conflicting point. The law requires the consent of both parents to request the minor’s nationality, since it is a decision of parental authority (not just custody). If one of the parents opposes or is unlocatable, you will need judicial authorization from the Civil Registry Judge to proceed with the file.
Can a child born in Spain be Spanish if the parents are irregular?
As a general rule, not automatically. The child is born a foreigner (with the parents’ nationality). However, if you demonstrate that your country of origin does not recognize the child (leaving them stateless), they could opt for nationality by simple presumption. If that is not the case, you must first obtain legal residence for the child and, after one year, request nationality.
How long does the resolution take for a child?
Times vary, but the Ministry of Justice usually takes between 1 and 3 years via the normal administrative route. There is the option of filing a Contentious-Administrative Appeal before the National Audience (paying a lawyer and solicitor) to speed up the response to about 6-8 months, but it is a more expensive route.
Giving your child citizenship is, without a doubt, the best gift for their professional and personal future in Europe. Take advantage of the fact that they are exempt from exams and that the deadlines are reduced. Check the expiration date of your child’s passport before starting and apply for Spanish nationality for minors as soon as possible; time is in your favor.
