Spain Residence Permit · updated 22.08.2026
Updated: 22 August 2026 · Verified by the EuroGarant team against official sources
In short: being born on Spanish soil does not grant a passport by itself — the country follows the right of blood (ius sanguinis). A newborn inherits the parents' nationality and can obtain Spanish citizenship only through naturalization, with a reduced residence term for children born in Spain: 1 year of legal residence instead of the usual 10 years. Below: what to arrange in the first weeks, what rights a foreign-national child has and what changes for the family's status.
In Spain, nationality is passed down from the parents rather than "sticking" to the place of birth. This is a fundamental difference from the USA, Canada or Brazil, where unconditional birthright citizenship applies. A baby born to Russian parents in Madrid, Valencia or Málaga receives the parents' citizenship at birth: the Spanish birth certificate records the fact and place of birth but does not change nationality.
Hence a simple conclusion: so-called "birth tourism" to Spain gives neither status to the child nor a separate legalization ground for mom and dad. The clinic issues a medical certificate, the Registro Civil (civil registry) issues the birth certificate, and the family's immigration position is still defined by its residence permit ground: DNV, NLV, studies or family. If you are still choosing your route, start with the overview of residence permit grounds in Spain.
In every other scenario there is one road: naturalization by residence (nacionalidad por residencia), handled by the Ministry of Justice.
Spain's Civil Code (Código Civil) sets different residence terms depending on the applicant's category. Birth on Spanish territory is precisely the privileged category with the minimum term.
| Applicant category | Required legal residence |
|---|---|
| Born on Spanish territory | 1 year |
| Spouse of a Spanish citizen | 1 year |
| Citizens of Latin American countries, Portugal, the Philippines | 2 years |
| Refugees | 5 years |
| General case (including Russian citizens) | 10 years |
| Average processing time for the file | 1–2 years |
The key word is legal: the year counts from the date the child received a valid residence card, not from the date of delivery. Residence must be continuous and immediately precede the application. For a minor, the case is filed by a legal representative, and for children under 14 prior authorization from a Registro Civil judge is required. The DELE A2 and CCSE exams do not apply to minors — that is a requirement for adult applicants; we cover the details on the page about Spanish citizenship.
An important nuance for the family: the parents' path is longer — first permanent residence after 5 years, then naturalization. And keep in mind renuncia — the formal renunciation of your previous citizenship when taking the oath.
Even without a Spanish passport, the child enjoys a resident's basic rights. Public healthcare for minors is available regardless of the family's status — in practice it is arranged through the padrón and registration with a pediatrician; see the details in our article on healthcare for residents. Preschool and school education are open too: a place in a guardería (nursery) or school is allocated by neighborhood of residence, not by citizenship (see choosing a nursery and school).
For travel, the child needs their own travel document and their own residence card: an infant cannot be added to a parent's TIE. Leaving the country with only one parent requires the other parent's notarized consent — airlines and border officers check this selectively but regularly.
A baby's arrival raises the financial requirements for the file: almost every ground counts income per family. Below are the current top-ups.
| Ground | Base threshold | Top-up per child |
|---|---|---|
| DNV (digital nomad) | 200% SMI | first family member — 75% SMI, each additional one — 25% SMI |
| NLV (no right to work) | 2,400 €/month | 600 €/month |
| Family reunification | 900 €/month for two | 300 €/month |
The reverse link also exists, though it does not work right away: once the child has become Spanish, the parents gain access to family roots residency (arraigo familiar) under the new regulation RD 1155/2024. In other words, birth in the country does not legalize the family, but the child's Spanish citizenship is indeed a ground. If you plan to bring over grandparents or the other parent, look into the terms of family reunification and build your personal paperwork list in the document checklist generator.
No. Ius sanguinis applies: a newborn takes the parents' nationality. Spanish citizenship becomes available to the child later, through naturalization by residence.
After a year of continuous legal residence — a reduced term for children born in the country, versus 10 years in the general case. Processing takes 1–2 years.
Not by itself. Access to family roots residency opens only once the child has already become a Spanish citizen.
Yes, it arises by descent and is confirmed at the consulate. The question of renunciation only comes up at the final stage of Spanish naturalization.
Yes — an infant cannot be added to a parent's card. The government fee for the TIE is roughly 16 €, production takes 30–45 days.
Official sources: BOE — Spanish legislation · Ministry of Inclusion and Migration · Spanish Ministry of Foreign Affairs (consulates)