Following the entry into force of Law 8/2021 of June 2, which reforms civil and procedural legislation to support people with disabilities in the exercise of their legal capacity.
Upon entry into force on September 3, 2021, the obligation has been eliminated of the legal representatives of the minor with respect to the application for Spanish nationality by residence, to obtain the authorization of the person in charge of the Civil Registry after obtaining the opinion of the Public Prosecutor's Office, has been eliminated.
Who can apply?
In accordance with article 2, paragraph 6, of Law 8/2021, letter c) of article 21.3 of the Civil Code, the legal representative of the minor under fourteen years of age can formulate it. In case of disagreement between the legal representatives on the application for nationality by residence, the voluntary jurisdiction file provided for this purpose will be processed.
When there is an agreement, what documents must be provided?
- Standardized application form signed by both parents or legal representatives or by a single parent in the case of single-parent families. It may be signed by one parent only if a court judgment is provided proving the loss of parental authority of the other parent or with notarized authorization by the other parent.
- Identification documentation of the legal representatives: DNI, NIE or passport.
- Alien Identity Card
- Valid passport
- Birth certificate from the country of origin duly legalized and translated, if applicable, in accordance with international conventions.
- Proof of payment of the fee (103,20€)
- Certificate of schooling, in the case of school-age children.
And if there is no agreement between the parents, what document should I provide?
A copy of the resolution of the voluntary jurisdiction proceeding in which the authorization to apply for Spanish nationality on behalf of the minor must be attached to the file.
In summary, the entry into force of the aforementioned regulation facilitates and expedites the application for nationality by residence for minors under 14 years of age.
If you are interested in applying for Spanish nationality by reason of residence, we can help you.
If you wish to obtain more information, please contact our professional experts who will advise you with clarity and will study your case with the greatest objectivity so that your process is carried out successfully.
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