Regularisation
of minors
in Spain
Which route applies to regularising a minor living with their parents in Spain turns on one decisive fact: whether the child was born here or abroad. These are …
Which route applies to regularising a minor living with their parents in Spain turns on one decisive fact: whether the child was born here or abroad. These are two different procedures, each with its own requirements and deadlines, and confusing them is a frequent reason for applications being closed.
Minors born in Spain
A residence permit for an accompanied minor born in Spain is available to children born here who are the biological or adopted children of foreign parents holding one of the residence permits set out in the Regulation. It requires no visa and lasts five years from the date of the decision. The father or mother must apply in person on the minor's behalf within six months of the birth, or from the point at which one of the parents obtains residence if that comes later.
Actual residence of a minor born in Spain
The Regulation required that the minor had not been absent from Spain since birth. The Supreme Court has set that wording aside and has held that it must be read as requiring the minor to have maintained their habitual actual residence in Spain, so that temporary and justified absences do not in themselves mean the provision cannot be applied or that the other procedure applies automatically. The authorities may require that habitual actual residence, while taking temporary and justified absences into account.
Minors not born in Spain
Biological or adopted children not born in Spain, under eighteen at the time of the application and accompanied by their foreign parent resident here, can obtain a temporary residence permit where they evidence continuous, uninterrupted presence in Spain for at least the two years before the application, and where their parents or guardians meet the financial means and accommodation requirements set for family reunification. The same provision covers children with a disability who are objectively incapable of providing for their own needs, provided that in neither case have they formed their own family unit.
Where the minor is the child of only one of the parents
In that case it is also required that the parent exercises parental authority alone, that they have been granted sole custody and that the minor's move to Spain has been authorised by a court or with the other parent's consent; or alternatively that, where custody is shared, the other holder has consented to the minor residing in Spain. The application may be filed even while the parent's own residence permit is still being processed.
Minors under guardianship
Subject to the same requirements, this permit is available to minors under eighteen accompanied by the foreign national resident in Spain who lawfully exercises their guardianship. The wording requiring that the guardianship had been established in accordance with Spanish law has been set aside by the Supreme Court.
Schooling, duration and access to work
In both procedures, where the minor is of compulsory school age it must be evidenced that they are enrolled at an authorised official educational institution. Both permits last five years and require no visa. Both authorise employed and self-employed work automatically, with no further formality, once the holder reaches the minimum working age. The foreigner identity card must be applied for in person within one month of being notified that the permit has been granted.
Our advice
At AbogadosDVA we determine which of the two procedures applies, keep track of the deadlines — particularly the six months from birth, which run out easily — and prepare the evidence of presence and of financial means. To find out the requirements and documents for your particular case, get in touch with the firm.
Requirements and documents
The requirements and the documents you will need vary with the circumstances of each case. To find out what applies to yours, get in touch with the firm and we will advise you personally.
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