Residence permit for a child in Spain: birth, relocation and documents

Residence permit for a child in Spain: five regimes and how to choose yours

The regime depends on two facts: where the child was born and what status the parent has. So you start not with the form but with these two answers.

Overview of the regimes: family reunification in Spain. For children on a DNV: family on a DNV.

Child born in Spain: article 159

Article 159 grants a permit to minors born in Spain whose parents are foreign nationals holding a residence permit under the Reglamento. It is valid for 5 years from the date of the decision, and no visa is needed [1]. The procedure is as follows.

1. The application can be filed by a parent, in person. The deadline is 6 months from the birth or from the date one of the parents obtained residence, if that is later [1].
2. Gather the set of documents: a full copy of the child’s and the parent’s passport or identity document, the Spanish birth certificate, and proof of enrolment in an official school for school-age children [1]. The requirement concerns proof of the child’s compulsory school enrolment.
3. Reply to a requerimiento within 10 days if documents are missing; otherwise the application will be closed as withdrawn (ten days under article 159.4) [1].
4. Wait for the decision: the maximum period is one month; after that, the application can be treated as refused by silence [1].
5. Obtain the TIE for the child together with the parent, in person, within one month of notification. The fee for the first TIE on the Policía page is €16.08, paid with modelo 790 código 012; the application itself is paid under item 2.1.5 of the Orden PJC/617/2025 table [1][6][7].

The child’s right to work arises automatically on reaching the minimum working age, and after five years you can apply for a long-term permit (larga duración) [1]. How the birth, surname and registration are handled: having a baby in Spain: documents.

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

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

The Auto clarifies that the administration may require the child’s actual habitual residence in Spain since birth and assess temporary justified absences [3]. So it is better to back up trips with documents: tickets, certificates, proof of the reasons. The ruling does not mean that long absences of any kind are irrelevant. We do not know how a particular oficina will assess your case.

Child born abroad: reagrupación and article 160

If the child is under 18 and abroad, the usual route for a resident is reagrupación under articles 65-68 of the Reglamento. The resident applies after one year of residence and after applying to renew for another year; the child then gets a visa at the consulate, enters within one month and obtains the TIE within one month [1].

As a general rule, the income required is 150% of the IPREM for two people and 50% for each additional person, but for minors it may be reduced in the child’s best interests; for a family of two with one child, an alternative criterion is given: 110% of the annual Ingreso Mínimo Vital guaranteed income, plus 10% for each additional child (article 67.1) [1]. For the child of one of the parents, you must prove sole custody or the other guardian’s consent to the move [1].

Article 160 applies when the child already lives in Spain: a 5-year permit is possible if the child has spent at least two years here continuously and without interruption before applying, and the parent meets the funds and housing requirements as for reagrupación. The application can be filed while the parent’s own procedure is still under way [1]. The two-year rule is hard to meet without documents, so collect padrón, school and medical records and tickets. For the documents: registration certificate.

Parent who is Spanish, an EU citizen or on a digital nomad visa

A parent with Spanish citizenship. Children up to 26, or older if dependent or with a disability, unmarried and living with the parent, apply under article 94.1.d. For children of a Spaniard by origin, point h of article 94.1 removes the conditions of living together and accompanying: they can apply in any situation (article 93). The procedure is free of charge, and the permit is for 5 years [1]. For the spouse’s children under 18, the foreign parent must have sole custody, or the other guardian must give consent before a notary; a child born and living in Spain does not need consent [1]. Details: residence permit for a relative of a Spanish citizen.

A parent who is an EU citizen. Children under 21, or older if dependent, receive a 5-year family member of an EU citizen card: EU citizen family member card [2].

A parent with a permit under Ley 14/2013. The law allows children to apply at the same time as the parent’s application or later; if they apply at the same time, the decisions are made at the same time [5]. We found no confirmation that the article 159 regime applies to a child born in Spain to a parent on a DNV: the article refers to parents with a permit “under the Reglamento”.

If a parent is applying for arraigo, the child’s permit under articles 159 or 160 can be filed at the same time, and the decisions are made at the same time (article 130.7) [1]. On parents of children who are EU citizens: arraigo familiar.

Common mistakes

• They miss the six months after birth. The court kept the article 159 deadline, and exceptions are assessed by the authority [1][3].
• They think the child is Spanish because they were born in Spain: the grounds in article 17 of the Código Civil are strictly listed [4].
• They confuse the child’s permit with citizenship: these are separate procedures.
• They apply without the Spanish birth certificate, or without the apostille and sworn translation if the document was issued abroad: apostille and legalisation, sworn translation.
• They do not prove school enrolment for a school-age child [1].
• They do not keep a record of trips: after the 2026 ruling, you will have to show that they were justified [3].
• For the child of one of the parents, they do not obtain the other guardian’s consent or a court decision on custody [1].
• They apply for the child separately, forgetting that renewal and the conditions depend on the parent’s status.

When you need an individual review

A review is needed if the parents are not married, one of them is abroad, the child has two citizenships, the parent is on a DNV, no lucrativa or a study estancia, the six-month deadline has already been missed, there is a court decision on custody or a dispute, the child has been away for a long time, or the documents were issued in CIS countries with spelling discrepancies. The answer depends on your facts, not on a diagram.

How we can help

The ReloVictory team determines the regime for your child, checks the deadlines, puts together the document set, arranges apostilles and translations and files the application together with the team’s lawyer (legal side) and a gestor (administrative side). To book: consultation. Service page: family, family route card.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.