Children and their residence status

It is for anyone considering, planning or carrying out a move to Spain with children. After reading, you will know how each child is covered, what to register for a newborn, what custody evidence you need, and what changes as your child grows.

Start with "Your child's residence status in Spain under each family regime". It shows how your child is covered whichever route you take, and the other pages build on it.

Nationality, school enrolment, taking a child abroad after separation and renewing a child's card are not covered here.

Key rules

• Other parent's consent: If only one parent moves the child, you must show the other parent's written consent, a court order, or proof of sole custody.
• EU-regime registration: A child of an EU or Spanish citizen must register or apply for the family card within 3 months of arrival.
• Age limits: Under reunification by a non-EU resident a child must be under 18, while under the EU-style regime the limit is 21, and older children qualify only if dependent.
• Birth registration: A birth in Spain must be registered in the Registro Civil within 10 days, or within 30 days if there is a justified reason.
• Baby's residence: A baby born in Spain to foreign resident parents can apply for residence within 90 days of birth.
• Working age: A child with a family-based residence authorisation can work from age 16 without a separate work permit.

Children and their residence status: the whole process, step by step

• Work out which family regime covers your child, based on your status as the sponsor (read: Your child's residence status in Spain under each family regime): Before you start any application

• If your baby is born in Spain, register the birth in the Registro Civil (read: What to register when a baby is born in Spain): Within 10 days of birth, or within 30 days if there is a justified reason

• Register the baby at the town hall (padrón) and get a passport from your consulate (read: What to register when a baby is born in Spain): After the birth certificate is issued

• Apply for the baby's residence if the parents are foreign residents, using the passport, birth certificate and your residence cards (read: What to register when a baby is born in Spain): Within 90 days of birth

• Gather proof of the other parent's consent, a court order or sole custody if only one parent moves the child (read: Whose consent does immigration need for a child of separated parents): Before you file any application

• For a child coming to join a non-EU resident, the parent applies for family reunification in Spain, then the child applies for a visa at the Spanish consulate (read: Your child's residence status in Spain under each family regime): After you have held your own residence authorisation for at least one year

• Apply for the child's TIE, the foreigner identity card, after arrival: Within 1 month of arrival

• For a child of an EU or Spanish citizen, register or apply for the family card (read: Your child's residence status in Spain under each family regime): Within 3 months of arrival

• Prepare for the change to independent status: plan an independent permit or a student permit before the family permit expires (read: Your child turns 18 or 21 during a family process): In the months before the 18th birthday, and before the current permit expires

• Under the EU-style regime, prepare proof of dependence on the sponsor, or switch to another route such as study or work (read: Bringing an adult child or dependant with a disability, and Your child turns 18 or 21 during a family process): Before the child turns 21, and again at renewal

Documents you may need

Identity and residence

• A valid passport for your child — Your child's residence status in Spain under each family regime, Children and stepchildren of a Spanish citizen: age and dependency
• The foreigner identity card — Your child's residence status in Spain under each family regime

The home and the lease

• A final court judgment or custody order giving you sole parental authority — Whose consent does immigration need for a child of separated parents

Translations and legal papers

• Apostille on any foreign consent or court document if the country — Whose consent does immigration need for a child of separated parents
• Sworn translation into Spanish of every foreign document — Whose consent does immigration need for a child of separated parents

Other documents

• The other parent's death certificate — Whose consent does immigration need for a child of separated parents
• A court order authorising the child's move — Whose consent does immigration need for a child of separated parents
• Proof of the parent's status as an EU or Spanish citizen — Your child's residence status in Spain under each family regime
• Your child's registration certificate — Your child's residence status in Spain under each family regime
• Medical birth notice from the hospital — What to register when a baby is born in Spain

Each article lists the other documents it asks for, where you need them.

Children and their residence status: questions that cross several articles

Which family regime applies to my child?

Your child's regime depends on the sponsor: a non-EU resident uses family reunification, while an EU citizen sponsor uses the EU-style regime. A child of a Spanish parent is usually Spanish and needs no residence permit.

Is the age limit the same for every regime?

No, the age limit differs: under reunification by a non-EU resident the child must be under 18, while under the EU-style regime the limit is 21. Older children qualify only if dependent, and under reunification only with a disability. Read "Your child turns 18 or 21 during a family process" and "Bringing an adult child or dependant with a disability".

What happens to my child's status when they turn 21 under the EU regime?

From 21, your child keeps the EU family status only if still financially dependent on the sponsor. Proof can include money transfers over several months, a no-income certificate and proof of sponsor income. If dependence cannot be shown, the child moves to their own study, work or long-term route.

Does a student who turns 18 lose residence?

No, a child on a family permit keeps it until it expires, and the student can then apply for an independent or student permit. Apply before the permit expires to avoid a gap.