Residence for Children Born in Spain: Requirements and Process

Updated: 5 October 2026

If your child was born in Spain, start by checking their nationality and the residence status of the parent who will apply. Birth registration, a residence authorization and Spanish nationality are separate matters.

This guide explains the residence route under Article 159 of Royal Decree 1155/2024, including the 2026 court ruling affecting children who have travelled outside Spain.

Who can apply for residence for children born in Spain?

This route is for a foreign child born in Spain who is under 18, is in Spain and has a parent holding a residence authorization covered by the Immigration Regulation.

Confirm the applicable regime first. EU-family rules and student-family procedures are different; a parent with a permit under Law 14/2013 should also have the appropriate family route checked before using EX-25.

Register the birth with the Spanish Civil Registry and obtain the child’s birth certificate. A hospital record or an entry on the municipal register does not replace a residence application.

When should you apply?

The regulation sets the following application periods:

Start arranging the child’s identity documents early. Do not wait until the first birthday on the assumption that nationality and residence share the same deadline.

If the period has already passed, have the dates, the parent’s authorization and the applicable procedure assessed before filing.

What if your child has travelled outside Spain?

The Supreme Court’s judgment of 8 July 2026, clarified on 1 September 2026 and published in the BOE on 22 September 2026, changed how the absence condition must be applied.

The relevant test is whether the child has maintained effective habitual residence in Spain. Temporary, justified absences do not, by themselves, exclude Article 159 or automatically require the ordinary family-reunification procedure.

Keep evidence of the child’s home in Spain and the dates and reasons for any trips. This does not remove travel-document requirements or the need to check the procedure if the child is currently abroad. The six-month application period was not annulled by this ruling.

What documents do you need?

Prepare the application around the child’s identity, Spanish birth and the applying parent’s residence status:

• The official EX-25 form, completed and signed by the applying parent.
• Complete copies of valid passports, recognized travel documents or registration certificates (cédulas de inscripción) for the child and that parent.
• The child’s Spanish birth certificate.
• Evidence of the parent’s residence authorization.
• School-enrolment evidence and the Ministry’s schooling declaration where compulsory-schooling obligations apply.
• Proof of the applicable application-fee payment.
• Adoption, custody or representation documents where relevant to the case.

School-enrolment evidence is not applicable to a newborn. Check that names and dates agree across the birth certificate, passports and form before submission.

Foreign public documents may require sworn translation and legalization or an apostille, unless an exemption applies.

How do you submit the application?

1. Confirm the child’s nationality and the appropriate residence route.
2. Register the birth and arrange the child’s passport or other accepted identity document.
3. Complete EX-25 and organize the supporting documents.
4. Check the fee and the filing arrangements for the competent provincial Immigration Office.
5. Submit through the applicable in-person channel or Mercurio, using the required electronic identification or an authorized professional where appropriate.
6. Keep the filing receipt and monitor notifications.

A request for additional documents should be answered within its stated deadline. Save both the documents submitted and the submission receipt.

How much are the fees?

The published administrative amounts are:

The residence application and the card are separate payments. Check the current official payment form before paying; professional fees, translations and document-issuance costs are separate.

How long does the decision take?

Article 159 provides a one-month maximum decision and notification period. This is a legal period, not a guaranteed appointment-to-card timetable.

If it expires without an express decision being notified, the applicable rule is negative administrative silence, rather than automatic approval. Have the file and available next steps reviewed before treating the application as resolved.

What happens after approval?

The authorization lasts five years from the date of the decision and does not require a visa under this route.

Within one month of notification of approval, the child must apply personally for the TIE, accompanied by a parent, through the competent police services. Our TIE application service explains the assistance available.

A TIE documents the child’s foreign-national status; residence approval does not issue a Spanish DNI.

Before the authorization expires, assess the applicable long-term residence procedure and its requirements.

Can a child born in Spain obtain Spanish nationality?

Birth in Spain does not generally grant Spanish nationality automatically. Article 17 of the Civil Code covers specific cases, including children of a Spanish parent and certain situations preventing statelessness.

Nationality by simple presumption concerns recognition of Spanish nationality in qualifying cases; it is not the name of a residence permit. The parents’ nationality laws and the Civil Registry procedure must be examined.

Separately, a person born in Spain can apply for nationality by residence after one year of their own legal, continuous residence immediately before the application, provided the other requirements are met. The parent’s residence period does not substitute for the child’s, and citizenship is not granted automatically on the first birthday.

Our Spanish citizenship service explains how Nodisea can assess the relevant route.

Frequently asked questions

Do both parents need a residence permit?

A qualifying residence authorization held by one parent can support this route. The child’s nationality, family circumstances and applicable regime still need checking.

What if neither parent has a residence authorization?

Do not assume that birth in Spain makes Article 159 available. Assess the child’s nationality and the family’s other potential immigration routes before choosing an application.

Is this the same procedure for a child born abroad?

No. Article 159 concerns children born in Spain. Children born abroad require assessment under the relevant family or accompanied-minor procedure.

Legal review: Francisco Javier Theuer Carmona, immigration lawyer and member of the Granada Bar Association (ICAGR 7984).

Last reviewed: 5 October 2026

Need help with your child’s application?

Nodisea can review the parents’ permits, the child’s nationality and travel history, and prepare a checklist for the appropriate procedure.

Book a free immigration consultation to discuss the residence application and any separate nationality process.

Official sources

• Royal Decree 1155/2024, Article 159: residence for foreign minors born in Spain.
• Supreme Court judgment of 8 July 2026 and rectification order of 1 September 2026.
• Ministry of Inclusion: information sheet 41. Its May 2025 guidance should be read together with the subsequent court ruling.
• Official EX-25 application form.
• Spanish Civil Code, Articles 17 and 22: nationality.
• Order PJC/617/2025: immigration and identity-document fees.