child's residence in Spain: birth, transfer and documents

The right to reside in Spain: five regimes and how to choose one ’s own

The regime depends on two facts: where the child was born and what the parent's status is, so you don't have to start with the form, but with these two answers.

Overall picture by mode: Family reunification in SpainFor children on DNV: family on DNV.

Child born in Spain: article 159

Article 159 permits minors born in Spain whose parents have a residence permit, or a five-year period from the date of the decision, a visa is not required. [1]It's the order.

1. The parent can apply, personally. 6 months from birth or from the moment one of the parents received residence, if later [1].
2. Collect Set: Full copy of the passport or document of the child and parent, birth certificate in Spain, confirmation of enrolment in the official school for school-age children [1]The requirement relates to the confirmation of compulsory school registration of a child.
3. Answer requerimiento within 10 daysif the documents are not enough; otherwise the application will be closed as a waiver (ten days under article 159.4) [1].
4. Wait for the decision: One month maximum, then one can be considered as rejected by silence. [1].
5. Set up TIE The first TIE on the page of Policy: 16.08 me, payment for the modulo 790 code 012; the application for the Orden PJC/617/2025 is paid for in paragraph 2.1.5. [1][6][7].

The right to work for a child arises automatically when the minimum age has been reached and after five years it is possible to apply for a long-term permit (larga duración) [1]How birth, family name and registration are registered: Childbirth in Spain: documents.

What the Tribunal Supermo decided in 2026: travel and marital status

The decision of the Tribunal Supremeemo of 8 July 2026 and Auto of 1 September, published in BOE on 22 September, concerns articles 159 and 160 [3].

Auto specifies that the administration is entitled to demand the actual habitual residence of a child in Spain from birth and to assess the temporary absences [3]So travel is better documented: tickets, background checks, reasons, it doesn't appear from the decision that any long absence is irrelevant. As your case will judge, we don't know.

Child born abroad: reagrupación and article 160

If a child under 18 years of age is abroad, the normal route for a resident is reagrupación, under articles 65 to 68 of the regulations. [1]The general rule is that 150 per cent of IPREM income for two and 50 per cent for each of the following, but for minors it may be reduced in the interest of the child; for a family of two with one child, the alternative criterion is 110 per cent of guaranteed income Ingreso Mínimo Vital per year and plus 10 per cent for each next child (art. 67.1) [1]For children of one parent, one must confirm sole custody or the other ’s consent to move [1].

Article 160 is necessary when a child is already living in Spain: a permit is allowed for five years, if he has been here continuously and without interruption for at least two years before the application, and the parent meets the requirements of means and housing as a reagrupación. [1]Two years is difficult to implement without documents, so collect the padrón, school and medical certificates, tickets. registration certificate.

Spaniard, EU or DNV

A parent with Spanish citizenship. Children under 26 years of age, either older in maintenance or with disabilities, unmarried and living with a parent, are served under article 94.1.d. For children of Spanish origin, article 94.1, paragraph h, removes the condition of cohabitation and escort: they may apply in any situation (art. 93). [1]For the children of a spouse under 18 years of age, a foreign parent must have sole custody or a second guardian must give consent to a notary; a child born and living in Spain does not need consent [1]Details: Residence permit for a relative of a Spanish citizen.

The parent is an EU citizen. Children under 21 years of age or older receive a five-year family map of an EU citizen: map of a relative of an EU citizen [2].

Parent with Ley 14/2013. The law allows the children to be served at the same time as the parent ’s application or later; if the delivery is simultaneous, the decision is taken simultaneously. [5]Whether the child born in Spain to a parent on DNV is subject to the article 159 regime, we have found no evidence: the article refers to parents with "order permission".

If the parent issues arraigo, the child ’s permit under articles 159 or 160 may be issued at the same time as the child ’s, the decision shall be taken at the same time (art. 130.7) [1]On parents of EU children: arraigo familiar.

Typical Errors

• The period under article 159 is kept by the court and the department evaluates exceptions [1][3].
• They consider the child to be Spanish because of his birth in Spain: the grounds of article 17 Código Civil are strictly listed. [4].
• The child's permission and citizenship are being sought: these are separate procedures.
• Apostilles and juror ’s translations are served without a birth certificate in Spain if the document is issued abroad: apostille and legalization, juror transfer.
• Not confirm school registration for a school-age child [1].
• Travel is not recorded: after the 2026 decision, their justification will have to be demonstrated [3].
• For a child of one parent, the consent of the second guardian or the court ’s custody decision shall not be obtained [1].
• They serve the child separately, forgetting that the status of the parent depends on the extension and conditions.

When Individual Review Is Needed

A divorce is needed if the parents are not married, one of them abroad, the child has two nationalities, a parent in DNV, no lucrativa or student estancia, has already missed six months, has a court order for custody or dispute, the child has been on a long journey or has been issued in CIS countries with discrepancies in writing. The answer depends on your facts, not your scheme.

What can we help you with?

The NEXO team defines the regime for your child, checks the timeline, collects a set of documents, organizes apostiles and translations and applies with the team's lawyer (legal part) and the hestor (administrative part). ConsultationIII. Service page: familyrouting list Family.

Frequent issues

Related materials

The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.