A legal pathway for minors born in Spain to stateless or foreign parents whose home countries do not grant them citizenship.
EU Citizenship
Family Rights
Legal Residency
1) Introduction
Citizenship by simple value presumption allows minors born in Spain to automatically acquire Spanish citizenship if their parents are foreign and cannot transmit their citizenship or are stateless.
2) Advantages
- Legal right to reside and work in Spain.
- Freedom of movement in the Schengen area.
- Ability to transmit Spanish citizenship to minor children.
- Access to public administration jobs and civil service exams.
- Right to live and work in other EU countries.
- Right to vote in general, regional, and municipal elections.
- Easier family reunification for spouse, parents, and children.
- Spouse of a Spanish citizen may apply for citizenship after one year of residence.
3) Requirements
- Civil Code Article 17(c): Minor must meet the situations defined by Spanish law.
- Parents’ Residency Certificates.
- Minor’s Birth Certificate.
- Parents’ Citizenship Certificates.
- Certificate of No Attribution of Citizenship from parents’ home country.
- Consular Certificate confirming non-registration in parents’ country.
- Residence Card or Passport.
Tip: All foreign documents must be legalized or apostilled and translated into Spanish.
4) Application Process
- Gather Documents: Collect all required certificates from parents and minor.
- Submit Application: File at the Civil Registry of the minor’s residence.
- Review: Authorities verify documents and compliance with legal requirements.
- Resolution: If approved, citizenship is granted and registered.
5) Long-Term Benefits
- Permanent Spanish citizenship for the minor.
- Right to a Spanish passport and EU citizenship.
- Ability to transmit citizenship to descendants.
6) Additional Considerations
- Strictly for minors born in Spain.
- Applicable if parents cannot transmit citizenship or are stateless.
- Process is automatic upon meeting all legal requirements.
FAQs
What is citizenship by simple value presumption?
It applies to minors born in Spain to foreign or stateless parents who cannot transmit citizenship from their home countries.
Who can apply?
Minors born in Spain whose parents are foreign and cannot transmit citizenship or are stateless.
Can adults apply?
No, only minors are eligible.
Where do I apply?
At the Civil Registry of the minor’s place of residence.
Can this citizenship be requested in Ceuta or Melilla?
Yes, if all requirements are met.
