If your children were born outside the Spanish territory but you brought them with you, keep reading. In this article you are about to discover how to obtain residency for your minor child not born in Spain straightforwardly, including the complete list of requirements that must be fulfilled (both by you as a parent and the child himself).
Residence for minor children not born in Spain is a temporary residence authorization (art. 160 of the Immigration Regulation, RD 1155/2024) that allows a minor son or daughter, born outside of Spain, to live legally in the country. Together with the parent or resident guardian, without the need for a visa or leaving the national territory.
It is very common to find situations in which one or both foreign parents have residency in Spain (where they live regularly), but their child was born outside Spanish territory, so they brought him/her to join them.
In these cases, regulated in article 160 of the Immigration Regulations, approved by Royal Decree 1155/2024, of November 19, this minor child not born in Spain, being the child of legal residents in the country, can obtain a residence permit to reside legally with them.
Through the procedure that we will see below, the minor acquires a residence permit that will be linked to that of the father, mother, or legal representative (the person who has granted her the right to legally live in the country).
In those cases in which the child cannot apply for nationality by simple presumption, this is the procedure to be followed.
It is a very similar process to family reunification under the general regime, with the difference that your child does NOT have to return to her country of origin: she can complete the entire process from Spain.
The residence authorization granted is valid for five years. In addition, the authorization automatically enables you to work as a self-employed person or as an employee when the minor reaches working age, without the need for additional procedures.
How exactly does it work and what are the requirements for both the child and his/her parents? Let’s see it below.
Requirements to apply for residency for minor children
The following is a complete list of requirements that both parents and child must meet in order to successfully complete the process.
At least one of the parents must have legal residency in Spain
The most important requirement (and which undoubtedly makes this procedure much easier) is that at least one of the two parents must be a legal resident in the country.
That is to say, it is not necessary that both parents have a residence permit in Spain or are regular in the country; simply one of them being a legal resident will be enough.
Do both parents have to live together to successfully complete this procedure?
No, it is not necessary.
If only one parent is a legal resident and the other resides abroad, the second parent must provide authorization (her consent) at the Spanish consulate located in her country of residence to authorize the child to reside in Spain with the other parent (the legal resident in Spain).
Continuous residency during 2 years
The second requirement, equally important, has to do with the minimum time that the minor must have been in Spain to be able to apply for residency.
We are talking about the fact that the child must have been in Spain continuously for at least 2 years.
This can be demonstrated through any official certificate, the most common being the historical census registration (so it will be key to register your child at the city hall as soon as possible upon arrival in Spain).
Demonstrate sufficient economic funds
As in the case of reunification, it will be necessary to provide proof of sufficient funds.
Thus, the parent who is a legal resident in Spain must prove that they have sufficient means to take care of his/her child.
We are talking about 150% of the IPREM (10.800€) for a unit of two members (father or mother + child), and in the case of both parents, it will be increased to 50% of the IPREM extra (3.600€).
The required proof differs according to the situation of the parent:
- If she works for a company as an employee, she must provide the employment contract, pay slips, and the last income tax return.
- If you are self-employed (freelancer), then you must prove solvency through your economic activity (via the income tax return of the previous year).
- Finally, if you do not work but you have sufficient funds, you will prove such possession through a certificate in your bank account showing the required amount.
In certain cases, and taking into account the best interests of the minor, the Immigration Office may consider a reduction in this economic requirement.
This reduction, provided for cases of reunification of minor children, consists of crediting 110% of the guaranteed income of the Minimum Living Income (IMV) on an annual basis for a unit of two members (parent + minor), with an additional 10% for each additional minor.
Obtain a viable housing report
It is essential for this process that the child has, once she becomes a resident, adequate housing with a minimum of conditions.
For this purpose, it will be necessary to request and provide the so-called adequate housing report, which is processed at the town hall corresponding to the address.
After paying an administrative fee, a public worker will visit your address to evaluate that the housing fulfills the necessary requirements of habitability.
At this point, it is required to provide the rental contract, the last rent payment receipt, and a utility bill (e.g. water or electricity).
If so, a favorable report will be issued, which must be attached to the application to the Immigration Department.
This process takes a few months, so it will be one of the first things you should request in the whole process.
Documents you must prepare
Once you meet these requirements, it is time to prepare your application to send it to the immigration office.
To do so, you will need to gather the following documents:
- Passport of the minor, including a complete photocopy
- Official application form EX-25, duly completed and signed by the father, mother or legal guardian
- Proof of kinship through the minor’s birth certificate
- Identity document of the applicant. If she is a Spanish representative, her DNI; and if she is her parent, her residency card
- Historical census of the minor child
- Certificate of schooling of the child in Spain (if the minor has the minimum age)
- Declaration form of compliance with the schooling obligation of dependent minors in Spain (when the minor is of compulsory schooling age)
- Proof of financial means
- Payment of the fee 790, Code 052
Please note that all foreign documents must be duly legalized and apostilled.
Where can you apply for this permit?
Once you have made sure that you meet all the above requirements and have all the documentation ready, you should start the application at the immigration office that corresponds to the city where you are registered.
You can find your local immigration office here
This procedure can also be submitted electronically through the Mercurio electronic headquarters, available to the parent with an electronic certificate or through a lawyer/manager with a collaboration agreement
One of the advantages of this procedure is that the process works faster than the rest of the authorizations under the general regime: it takes a maximum of 45 days.
If no response is received after this period, the application is considered denied due to negative administrative silence.
What to do after approving the application for your child's residence
After the favorable resolution, you have one month to personally request the Foreigner Identity Card (TIE) at the police station of your place of residence, accompanied by one of the parents if the minor is the holder.
If you have any doubts about your immigration or citizenship procedure, do not hesitate to contact our lawyers for personalized advice.
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