Can a pregnant Canadian be turned away at Spanish customs?
Posted: 13 March 2008 06:30 AM  
Tourist
Rank
Total Posts:  4
Joined  2008-03-13

My husband and I are Canadian. I am 6.5 mos pregnant here in Canada and he is going back and forth, abiding by the 90/180 law, freelancing in Spain while we wait for his work permit so we can apply for our visas and move asap. We are planning to have the baby in Spain because that is where we intend to live for a long time to come (he loves his job and they love him and are doing everything they can to get his papers sorted out - it’s been 5 mos so far) and I will be flying there at 36 weeks pregnant - the latest pregnant women are allowed to fly. Can I be denied entry into Spain because I will be so obviously pregnant even though I will have a valid return ticket to Canada - after the baby is born, to come back and pick up my visa which should be ready by then? Technically I will be there as a tourist because my visa will not yet have been processed. We will be getting company-funded private healthcare and not be dependent on the Spanish healthcare system - in fact are paying for a private home birth with a midwife (all set up already) so I don’t see why it should be a problem - but I’m no immigration lawyer and these things are nebulous. I’m just worried about being turned away once we land - flying will be difficult enough for me by then. Anyone have any thoughts on or experience with this? Sorry about the run-on sentences!

Profile
 
Posted: 14 March 2008 11:41 PM   [ # 1 ]  
Expat
RankRankRank
Total Posts:  43
Joined  2008-02-11

I have never heard of any regulation barring the entry of pregnant women.  I remember the run of pregnant Hong Kong women in Vancouver… hoping to deliver in British Columbia and remain in Canada 😊  If you have a Canadian passport I don’t think you should have any problems

😊

Profile
 
Posted: 15 March 2008 12:56 AM   [ # 2 ]  
Administrator
RankRankRankRank
Total Posts:  2855
Joined  2007-10-19

i have email a mate off my who work as Spanish customs officer in Mardid airport , i dont think you will be stopped by them but you airline many stop you for health safety . as your pregnancy mother as there is restrictions , which can vary according to whether you are flying domestically or internationally
you need to ask you airline about this

Each airline has its own restrictions on travel for pregnant women and patients should contact them directly to find out what they are. As an example of policy, British Airways (BA) restrict travel beyond the 36th week for uncomplicated single pregnancies and beyond the end of the 32nd week multiple pregnancy. In addition BA require that expectant mothers beyond 28th week carry a letter from doctor/midwife stating that passenger is in good health and that the medical practitioner is happy for them to travel http://www.ba.com website

Profile
 
Posted: 16 March 2008 06:57 PM   [ # 3 ]  
Administrator
RankRankRankRank
Total Posts:  2855
Joined  2007-10-19

ask my mate in Madrid Airport and wont stop pregnant women only if there was problem , IE shipping drugs , that hard durgs

Profile
 
Posted: 17 March 2008 12:28 AM   [ # 4 ]  
Administrator
Avatar
RankRankRankRank
Total Posts:  1682
Joined  2005-12-05

Wow, that was nice of you to ask Jurdy. I guess you’re all set Cat777

 Signature 

“Vocation is where your greatest passion and the world’s greatest need overlap.”

Now follow SpainExpat.com on Twitter for updates, advice, news, and forum highlights.

Recommended reading: working visa (non EU), other visas, jobs in Spain, teaching English (non EU), finding apartments, holidays, mobile/cell phones, NIE cards, gestors.

Profile
 
Posted: 17 March 2008 12:43 AM   [ # 5 ]  
Expat
RankRankRank
Total Posts:  43
Joined  2008-02-11

Happy birthing!

😊

Profile
 
Posted: 27 March 2008 06:23 PM   [ # 6 ]  
Tourist
Rank
Total Posts:  4
Joined  2008-03-13

Thanks everyone. It’s a relief to at least stop worrying about it! I’ll let you know how it turns out…
:o)

Profile
 
Posted: 28 March 2008 06:19 AM   [ # 7 ]  
Administrator
RankRankRankRank
Total Posts:  2855
Joined  2007-10-19

wont be stop coming in to spain but if you baby is born here in spain , the baby will not become EU , new rules on immigrants from 2008 so its to stop the flow so you baby be come Canadian ....... that from my mate
jurdy

Profile
 
Posted: 01 April 2008 11:18 PM   [ # 8 ]  
Tourist
Rank
Total Posts:  4
Joined  2007-07-11

Ah sorry to hijack the tread but your mate JURDY , could he please verify if my baby who was born in spain can have a spanish passport? i have a british passport as i am british but the fathers details are undisclosed on spanish birth documents….long story.
Thing is i dont have any intention of returning back to uk ever and i want my son to have as much spanish paperwork as possible so he can be a citizen as soon as possible.
I cant find anything on the net about this,all i can find is he is of spanish origin due to being born here.
Any answers or advice would be great,im sure this lady might find this info useful too..to a degree

Profile
 
Posted: 02 April 2008 03:10 AM   [ # 9 ]  
Administrator
RankRankRankRank
Total Posts:  2855
Joined  2007-10-19
hot2trot - 01 April 2008 11:18 PM

Ah sorry to hijack the tread but your mate JURDY , could he please verify if my baby who was born in spain can have a spanish passport? i have a british passport as i am british but the fathers details are undisclosed on spanish birth documents….long story.
Thing is i dont have any intention of returning back to uk ever and i want my son to have as much spanish paperwork as possible so he can be a citizen as soon as possible.
I cant find anything on the net about this,all i can find is he is of spanish origin due to being born here.
Any answers or advice would be great,im sure this lady might find this info useful too..to a degree

dose not apply to EU passports holders you can give birth any where in the EU

Profile
 
Posted: 02 April 2008 10:07 AM   [ # 10 ]  
Expat
RankRankRank
Total Posts:  34
Joined  2006-12-15

Your child should be entitled to a Spanish passport after 1 year of residency in Spain provided he was born in Spain and the parents (or parent in your case) was also legally resident at the time of the birth. Were you registered as resident either with a residence card or the residence certificate? Without this it would be more difficult to obtain a passport I think. I think it’s also quite a long and tedious process as is everything here!

Profile
 
Posted: 02 April 2008 09:45 PM   [ # 11 ]  
Tourist
Rank
Total Posts:  4
Joined  2007-07-11

I had my padron and nie at the time so hopefully he will be ok, trouble is i wanted to visit friends in mallorca but wasnt sure if i needed a passport for him from mainland spain? plus a year without a passport not being able to go to the uk is along time to wait for grandparents to see their new grandchild as they cannot travel.

Profile
 
Posted: 03 April 2008 10:09 AM   [ # 12 ]  
Expat
RankRankRank
Total Posts:  34
Joined  2006-12-15

If you have a UK passport you can get him one at the British Consulate in Madrid. Download the forms from http://www.ukinspain.com and send the money by bank transfer to pay for it. It’s pretty quick and you’ll have the passport for him within a month so you can travel. I think within mainland Spain you still need some form of identification for your child. When my daughter was just a month old I travelled with her with just her libro de familia as identification and the police stopped me to tell me that she should have an identity card or passport. At the time I blamed it on the British Consulate being slow and not nearly as efficient as Spanish bureaucracy (ha ha ha) and the policeman was quite happy to accept that reason for her not having any paperwork!

Profile
 
Posted: 08 April 2008 11:58 PM   [ # 13 ]  
Expat
RankRankRank
Total Posts:  43
Joined  2008-02-11

Just to provide another source regarding the question of the nationality of children of non-spanish nationals born in Spain. 

I read two consultations with lawyers on migrar.org regarding this question and their opinions concurs with the opinions of the previous posters.  A child of non-spanish nationals does NOT acquire Spanish nationality automatically upon birth in Spain - unlike the case of the U.S. or Canada.  The child acquires Spanish nationality IF AND ONLY IF the country of his or her parents denies citizenship to the child because he or she was born outside national territory.

to consult the original texts:

http://www.migrar.org/asesoria/consultas/foro/?id_consulta=1609
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=49385
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=49429
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=45695

****************

Now, with respect to the status of a child born in Spain to parents who have residency permits, the parents can apply within a year in order to obtain Spanish citizenship for the child. The child qualifies to apply for Spanish citizenship ONLY if the parents are here legally.

Here’s the relevant texts:

http://www.migrar.org/asesoria/consultas/foro/?id_consulta=17931
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=16814
http://www.migrar.org/asesoria/consultas/foro/?id_consulta=16596

Profile
 
Posted: 09 April 2008 02:50 AM   [ # 14 ]  
Administrator
RankRankRankRank
Total Posts:  2855
Joined  2007-10-19

thank for the reply on that and hopeful , will help few here
jurdy

Profile