Spanish citizenship by simple presumption

Citizenship by simple presumption is a legal procedure that allows children born in Spain to obtain Spanish citizenship under certain conditions. This mechanism is designed to prevent statelessness and protect children and their families.

This article explains in detail what Spanish citizenship by simple presumption entails, the requirements for obtaining it and the application process. We also address some frequently asked questions on the subject.

What is Spanish citizenship by simple presumption?

Spanish citizenship by simple presumption is granted to minors born in Spain to foreign parents who are stateless or come from countries that do not grant citizenship to their children. This mechanism is essential to prevent children from becoming stateless.

This procedure is governed by the Spanish Civil Code. This means that a child born in Spanish territory is entitled to Spanish citizenship if their parents cannot pass on the citizenship of their country of origin.

This type of citizenship is granted automatically, without requiring parents to complete a series of complex procedures, although certain documentary requirements must be met.

Who can apply for Spanish citizenship by simple presumption?

Applicants for citizenship by simple presumption are primarily children born in Spain to foreign parents. It is important to note that if one of the parents is Spanish, the child automatically acquires Spanish citizenship at birth.

This procedure is intended for minors whose parents are stateless or come from countries that do not recognize the citizenship of children born abroad. It may also apply where the parents are in an irregular immigration situation in Spain.

The law also allows foreign parents who are in Spain irregularly to apply for residence through their children under arraigo familiar (the family-based residence route).

What are the requirements for obtaining citizenship by simple presumption?

To obtain Spanish citizenship by simple presumption, certain requirements must be met. Some of the most important are:

• Be born in Spanish territory.
• The parents must be stateless or come from countries that do not grant citizenship to their children.
• Submit the required documents to the Civil Registry.

The parents must provide a consular certificate confirming that the child has no citizenship, as well as any other documents required for the particular case.

It is also advisable to bear in mind that each case is unique and may vary depending on the legislation in force and the parents’ circumstances.

How do you apply for Spanish nationality by simple presumption?

The application for Spanish nationality by simple presumption is handled primarily by the Civil Registry. The application must be submitted by the child’s parents or legal guardians. It is important to follow the correct steps to avoid any problems.

1. Gather the required documents, such as the birth certificate and consular certificate.
2. Book an appointment at the relevant Civil Registry.
3. Attend the appointment with all the required documents and submit the application.

After the application is submitted, the Civil Registry will verify the information and issue a decision. This process can take several months, depending on the Registry’s workload and the complexity of the case.

What documents are required to apply for nationality by simple presumption?

The documents required for Spanish nationality by simple presumption include, but are not limited to:

• The child’s birth certificate.
• A consular certificate confirming the lack of nationality.
• The parents’ identity documents.
• Proof of residence in Spain.

It is essential that all documents are in order and submitted in both original and copy. In some cases, translations of documents in foreign languages may be required.

How long does the nationality-by-simple-presumption process take?

The waiting time for a decision on Spanish nationality by simple presumption can vary considerably. In general, the process may take between 6 and 12 months, depending on several factors.

These factors include the Civil Registry’s workload and the complexity of the case. It is advisable to keep track of the application’s status and follow up with the Civil Registry where it was submitted.

Patience is key in this process. The wait can be long, but it is essential to ensure that everything is in order.

Are there countries that do not grant nationality to children born in Spain?

Yes. Several countries do not recognise the principle of jus soli, which grants automatic nationality to children born in their territory. In these cases, if the parents do not have a nationality, the child could be left stateless.

This is particularly relevant for people from countries whose laws do not grant nationality to children born abroad. In these cases, Spanish nationality by simple presumption is an important legal means of preventing statelessness.

It is essential for parents from these countries to understand their rights and the process they must follow to apply for nationality in Spain.

Related questions about nationality by simple presumption

What is required for nationality by simple presumption?

To obtain Spanish nationality by simple presumption, you must submit the child’s birth certificate, a consular certificate confirming the lack of nationality, and documents showing the parents’ circumstances. All of these must be submitted to the appropriate Civil Registry.

It is also advisable to ensure that all documents are in order and submitted in their original form to avoid delays in the application process. Missing any of these documents may complicate the process of obtaining nationality.

How long does a decision on nationality by simple presumption take?

A decision on Spanish nationality by simple presumption may take between 6 and 12 months, although this period may vary depending on the Civil Registry’s workload and the circumstances of each case.

It is essential to make sure all documents are complete to avoid unnecessary delays. It is also advisable to follow up on the application’s status.

What happens if I am Colombian and have a child in Spain?

If you are Colombian and have a child in Spain, they may be entitled to Spanish nationality by simple presumption if they cannot acquire Colombian nationality. In this case, you will need to prepare the required documents and submit the application to the Civil Registry.

It is important to check the current legislation and, if possible, seek legal advice to make sure you meet all the necessary requirements.

If I have a baby in Spain, will they be granted Spanish nationality?

If you have a baby in Spain and want them to obtain Spanish nationality by simple presumption, you will need to meet the established requirements, such as submitting the birth certificate and a consular certificate confirming that the child has no nationality.

If all the requirements are met, the baby may obtain Spanish nationality, thereby ensuring their legal protection in Spain.