spanish nationality for the child of foreign parents/ taking Spanish Citizenship

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spanish nationality for the child of foreign parents/ taking Spanish Citizenship


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Old 10th September 2013, 11:21 AM
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Default spanish nationality for the child of foreign parents/ taking Spanish Citizenship

hi everyone
Its Sara here. I came to spain on family reunion visa as my husband had residence card of spain valid for two years. I came in Spain in the last week of june, 2013. Unfortunately, my husband's residence card of spain expired in the same month and he submitted his case in ministry for renewal of his residence card which was rejected due to some technical error. Now since he did not had the residence card, the government refused to give me residence card which I was supposed to get on my husband's basis. Although he has appealed in the court, but it will take time. I got pregnant right away after coming in Spain and am three months pregnant now. I want to know that would the government of Spain give my child Spanish nationality since he/she would be born there. I had come there with high hopes but now the scenerio is totally changed due to rejection of my husband's case. Would my child be eligible to get spanish passport when we both the parents have become illegal here. Although I have got the medical card and am getting free medical treatment here so far, I am extremely worried for our future here in Spain. Please help me sort out this issue and give me appropriate guidance in this regard if any one out there can.
I would be highly oblidged.
Best Regards
Sara

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Old 10th September 2013, 11:31 AM
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No, the child will be classed as foreign , even though born here. He/She will legally be entitled to full medical care, as you are both pre & post natal.
If you remain in Spain until the child is 18 , He/She will then have the opportunity to chose to take Spanish nationality but only for a 2 year period.

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Old 10th September 2013, 02:47 PM
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Originally Posted by gus-lopez View Post
No, the child will be classed as foreign , even though born here. He/She will legally be entitled to full medical care, as you are both pre & post natal.
If you remain in Spain until the child is 18 , He/She will then have the opportunity to chose to take Spanish nationality but only for a 2 year period.
only for two years?

are you sure?

my elder daughter is considering taking Spanish nationality when she turns 18 (we'll also have been here 10 years by then) - that would seem to be a bit of a waste of time if it's only for two years


edit - just realised that you mean they would have two years in which to apply!! DUH!
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Old 10th September 2013, 03:09 PM
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Yes I suppose I could have written it a bit better.
Personally if I was your daughter I would as 2 sets of papers are better thn 1 !
You can travel anywhere in the EU on the spanish tarjeta . It's far easier to do anything , in some areas, if t is assumed you are a spaniard .What is there to lose ?

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Old 10th September 2013, 03:14 PM
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We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.

Any one else been down this road?

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Old 10th September 2013, 03:22 PM
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[QUOTE=Hepa;1686665]We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.

Any one else been down this road?[/QUOTE

Not really, I got told a while that I could apply as I had been here over 10 years, they said all i needed to do was to complete the paperwork? didnnt actually know the benefits though.

Kurt

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Old 10th September 2013, 03:25 PM
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my elder daughter is considering taking Spanish nationality when she turns 18 (we'll also have been here 10 years by then) - that would seem to be a bit of a waste of time if it's only for two years
Don't forget the OP is a non-EU national.

This seems to be a common ruse these days, to get into an EU country on a temporary ViSA, have a child and then claim nationality in the EU country on the basis of the child's country of birth. Slipping in through the back door so to speak.

This isn't the first time I've heard of this, non-EU nationals are doing it in the UK too.

Something else they need to stamp out in my opinion.

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Old 10th September 2013, 03:28 PM
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Don't forget the OP is a non-EU national.

This seems to be a common ruse these days, to get into an EU country on a temporary ViSA, have a child and then claim nationality in the EU country on the basis of the child's country of birth. Slipping in through the back door so to speak.

This isn't the first time I've heard of this, non-EU nationals are doing it in the UK too.

Something else they need to stamp out in my opinion.
the thing is, in Spain, they CAN'T claim nationality just because the baby was born here
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Old 10th September 2013, 03:31 PM
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Originally Posted by gus-lopez View Post
Yes I suppose I could have written it a bit better.
Personally if I was your daughter I would as 2 sets of papers are better thn 1 !
You can travel anywhere in the EU on the spanish tarjeta . It's far easier to do anything , in some areas, if t is assumed you are a spaniard .What is there to lose ?
precisely

except that you're supposed to give up British nationality (in our case) when you take Spanish


we all three are considering it, but she is so very Spanish now that I'd be surprised if she didn't ASAP - with my blessing

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Old 10th September 2013, 03:35 PM
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[quote=kurt85;1686809]
Quote:
Originally Posted by Hepa View Post
We are mulling over the idea of applying for Spanish citizenship. The man at the courts has been most helpful and made us aware of what documentation we will need and where we can get authorized translations etc. so that is no problem. At the moment no exam is needed and we have been residents for over 10 years.

Any one else been down this road?[/QUOTE

Not really, I got told a while that I could apply as I had been here over 10 years, they said all i needed to do was to complete the paperwork? didnnt actually know the benefits though.

Kurt
If in the unlikely event that the U.K. or for that matter Spain leaves the E.U., I wondered what the consequences might be for foreigners, being a Spanish citizen would negate that worry.

We also have no intention whatsoever of returning to the U.K. on a permanent basis, all our bricks and mortar are now here.

The only problem we have at the moment is obtaining the Criminal Records Euro check, but are awaiting a reply from that department regarding this.

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