The residence for minor children not born in Spain is an essential procedure for foreign parents who are legal residents in the country and wish to regularize the status of their children born outside Spanish territory. This option is quite common for families that have reunited in Spain and want to ensure that their children can legally live with them. This process provides an efficient solution, as it does not require the child to return to their country of origin to manage the residence permit. In this article, we break down all the requirements, documentation, and necessary steps to successfully complete this process.
What is Residence for Minor Children Not Born in Spain?
It is common to find situations where one or both parents are legal residents in Spain, but their child was born outside Spanish territory. When parents decide to bring their child to Spain to live with them, it is necessary to regularize their status through this procedure, which allows the minor to obtain a residence authorization. This residence is directly linked to the legal status of the father, mother, or guardian who applies for it, ensuring that the minor can legally reside in the country alongside their family.
This procedure is similar to the general family reunification process, with the advantage that the minor does not need to return to their country of origin to complete the process; they can carry it out entirely from Spain.
Requirements for Applying for Residence for Minor Children
To apply for residence for a minor child born outside Spain, both the parents and the minor must meet certain requirements. These are essential to ensure the success of the application and to allow the minor to reside legally in the country.
At least one of the parents must be a legal resident in Spain. This is the most critical requirement of the procedure, as it guarantees the regularity of the family’s situation. It is not necessary for both parents to be legal residents; it is sufficient for one of them to hold residence status. In the case where one parent resides abroad, they must grant authorization at the Spanish consulate in their country for the child to reside in Spain with the other resident parent.
Another fundamental requirement is that the minor must have resided continuously in Spain for at least two years. This stay must be adequately documented, with the historical registration certificate being one of the key documents to prove it. It is important to register the minor as soon as they arrive in Spain to avoid issues when applying for residence.
Economic Requirements and Adequate Housing
Similar to family reunification, parents must demonstrate that they have sufficient financial resources to support the minor. This means having an income equivalent to 150% of the IPREM, which for a family unit of two members (parent and child) is about 10,800 euros per year. If both parents reside in Spain, this amount increases by 50%.
Depending on the parent’s employment situation, economic means can be demonstrated in different ways. If they are employed, they must present their employment contract, recent payslips, and the latest tax return. In the case of self-employed individuals, proof of economic activity must be provided, such as the previous year’s tax return. If the parent does not work but has sufficient funds, they can prove this with a bank certificate showing the required amount.
Additionally, it is crucial to have a housing report that ensures the minor will live in a dwelling that meets habitability standards. This report is processed at the relevant municipality and may take several months to be issued. During a visit from a municipal official to the residence, they will review the rental or ownership contract and utility bills, such as water or electricity.
Documentation Required for the Application
Once the requirements are met, a series of documents must be prepared to submit the application to the immigration office. The first document is the minor’s passport, which should include a complete photocopy of all its pages. The EX-01 application form must be filled out and signed by the parent, guardian, or legal representative applying for the residence.
It is essential to submit a birth certificate of the minor that establishes the parent-child relationship, along with the identity document of the applicant. If the applicant is a foreign guardian, they must provide their residence card; if they are Spanish, they must present their DNI (National Identity Document). Additionally, the historical registration certificate of the minor must be included, demonstrating their residency in Spain for at least two years. If the minor is of school age, a certificate of enrollment in a Spanish educational institution is also required.
Finally, the payment receipt for the corresponding fee (Model 790 Code 052) must be included. All foreign documents must be duly legalized and apostilled.
Where to Apply for Residence for Minor Children?
Once all documentation is in order and the requirements are met, the application should be submitted to the immigration office corresponding to the place of residence of the applicant. This process can be done either in person or electronically if a digital certificate is available.
One of the advantages of this procedure is that it is relatively quick compared to other processes under the general regime. The immigration office has a maximum period of 45 days to resolve the application. If no response is received within this timeframe, the application will be considered denied due to negative administrative silence.
Obtaining residence for a minor child born outside Spain is a process that, while it requires fulfilling several requirements and presenting detailed documentation, is crucial for ensuring that the children of legal residents can live and grow in the country alongside their parents. If you have any doubts or need assistance with the application, it is advisable to consult with an immigration expert to ensure that the entire process proceeds smoothly and without setbacks.
Conclusion
If you meet the requirements and follow the correct process, you will be able to enjoy all the benefits this authorization offers.
For more information or assistance with the application process, feel free to reach out to immigration experts who can guide you through every step.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
