Dear all,

Could you please help with my issue as I cannot get a straight up answer anywhere. Both me and my husband are non-eu, my husband has working visa and residence in Spain while I applied for residence vise and am waiting to get it (they say it might take 1-3 months). Once I get it I plan to go to Spain and join my husband and since I am 7 months pregnant give birth there (we have private insurance and all).

Now my question is, can I register my baby in Spain i.e. what is a status of a new born in Spain since Spanish embassy is telling me I will have to go back to my country and apply for baby’s visa there and basicaly do the same procedure for visa as mine….which means I would have to wait another 1-3 months!

It makes no sense to me if both me and my husband have residency in Spain that I cannot do the paperwork in Spain for the baby but have to travel back to my country and stay there for the long visa process again (my embassy in spain said they would do all the paperwork so that baby gets my countries passport etc. ie am not asking for spanish citizenship). Do you have any advice or experience? Please help as I would like to know where I stand before I give birth there.

Hmm, I know a Brazilian couple who had their baby in Spain. It’s going on 2 years now that they’ve been battling to get the baby Spanish citizenship. I don’t know if they had to return to Brazil after the baby was born to sort out its visa, but I doubt they did so. That being said, once you and your husband have the right to live in Spain then the standard way of bringing your baby to Spain would be to apply for the Family Regrouping Visa.

It’s confusing and unfortunately I don’t have the straight answer for you. Can you find a good immigration lawyer?

mari7579 - 24 July 2008 02:53 PM

what is a status of a new born in Spain since Spanish embassy is telling me I will have to go back to my country and apply for baby’s visa there and basicaly do the same procedure for visa as mine….which means I would have to wait another 1-3 months!

If you`ve been told by the Spanish embassy the procedure then you`ll probably just have to accept this.

Maybe this will help

http://extranjeros.mtas.es/es/index.html

A Visa is basically written permission to enter a country, therefore you cannot apply to enter the country when you are already there in most cases, dependant on the countries rules etc etc.

Having a family member such as a new born baby may well mean the authorities won`t grant you a visa to return to Spain, its dependant on circumstances, when those circumstances change, the issuing of the visa could be effected.

Spain has a big immigration of non EU person`s, which Spain are at the moment trying to encourage to leave.The latest scheme alows benefits to be paid to immigrants in there home countries by the Spanish govt.

The govt have estimated that 100,000 non EU immigrants will accept this offer and return to there countries within the next 6 months.

The immigration service in Spain is trying to limit the amount of visa`s issued and the type, as many become illegal in Spain.

The govt will soon be releasing information regarding the policing policy regarding illegal immigrants.

You don’t worry,if you give birth for baby in Spain deffenitly your baby will be spain citizen.I know one family who migrated to spain from newyork just like you only got the citizenship for baby.Even then it is better if you consult any legal adviser,because you have less time they can advise you better.
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Annie

SuperBabyGuide

dear all

my baby is born in Spain and we are Non-Eu Citizens but my husband has a residence card there I was yet to get my finger printing done for the residence card before i left for my home country.I got my baby’s ‘Libro Di Familia’ that is the proof of his birth in Spain and registered his name in the Townhall.My could have stayed there at ease and in due course after his finger printing wass done he would have got his residence card there and there would have been no need of Visa there.but for some odd reason we had to come back to our country.and in the mean time while the immigration procedure in the Frankfurt Airport i was kind of very badly harrassed by a German Immigration officer about the issue why my son doesnot have his Visa or if he is born in Spain why is’nt he himself a citizen.It pained a lot to explain the whole issue as regardless of any fact they were not letting me speak.however we are to go back in spain now,i.e after 6 months now i have applied for my fresh visa and my son’s as well.and this is taking me more time than last time.it has already been 5 and half months.tentatively it would take may be more than 2 3 months.and whatever i have known during my short stay in Spain after the baby is born he gains his parent’s citizenship naturally.but to gain one the spanish citizenship if one is born there it is primarily important to stay there atleast for 2 yrs and aftyer that one need to apply to the court and start with their legal procedure and ofcourse this is a longtime task.so best wishes for those who are planning to go for it.

[color=purple]i think it is very important to declare atleast to the immigration department about these issues all over europe and specially about the difference between all the Eu countries.[/color]