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The residency of a minor in Spain will depend to a large extent on the legal status of his or her parents or guardians, as well as on whether or not he or she was born in Spain. Therefore, based on this difference, we can speak of two completely different types of procedures. As always when talking about minors, the circumstances of the parents have a major influence on their resident or non-resident status.
In the case of a minor not born in Spain, it is essential that the foreign parent or guardian has legal residence in Spain. This case, a minor not born in Spain, in the case of children of EU citizens is governed by the residence procedure for EU family members, which can be extended to the nationalities of Switzerland and the European Economic Area, and Spaniards with the ultimate possibility of applying for nationality by option. Both procedures require the payment of fee 790 052, different heading, and consist of different applications depending on the legal residence of the parents.
The starting point is obviously the proof of the family relationship, as always foreign documents must be translated into Spanish and legalized or apostilled if necessary. Likewise, it is important that the minor has a period of residence equal to or greater than two years. It is also essential that the parents or guardians have sufficient financial means to cover the child’s needs. The 200% IPREM is understood to be covered for families consisting of a couple and a single child. In the event that there are more cohabitants in the family unit, the amount is increased by 50% for each member. In addition, in the case of single-parent families, the IPREM must be 150%. For the sake of the minor’s best interests, the family home must have a certificate of habitability guaranteeing the basic conditions issued by the Autonomous Community or the city council. For the same reason, they must be in school if they are older than six years old. Finally, it is important to remember, once again, that this permit is for non-EU and non-European Economic Area citizens and Swiss nationals. As an additional note, it is worth mentioning the rejection silence after 45 days without any response.
It is an essential requirement to prove, as in the previous procedure, the kinship and that the father, mother or guardian has legal residence in Spain. The aforementioned requirements are also met in this case, except for the fact that it is not necessary to submit a habitability report. As we have seen, the minor will opt for the type of residence of the parent, whether temporary, long-term or family reunification.
We also find differences in the resolution period, which is 3 months, but we also find the existence of negative or rejection silence. A positive point is the fact that after one year of residence the minor can obtain Spanish nationality if one of his/her parents is a national of one of the countries included in the fast track for the acquisition of Spanish nationality, Andorra, the Philippines, Equatorial Guinea, Latin America and Portugal. Similarly, if either parent obtains Spanish nationality, the child may opt for nationality.
In both cases from Extranjeros Aema we accompany you from the beginning until the fingerprinting and collection of the card, making sure that the child’s name is well recorded for which sometimes in non-Spanish names is necessary a concordance certificate, in Spain for example, no more than two names are allowed, which can generate errors.
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