Residence in Spain as the parent of a Spanish or EU child

If you are the parent of a Spanish minor, the route today is not arraigo familiar but residence as a family member of a Spanish national. If your child is a national of another European Union country, then it is arraigo familiar. In both cases the permit lasts five years, allows work and requires no minimum time in Spain.

The current Immigration Regulation (Royal Decree 1155/2024) split these two cases, which used to go together, and it remains one of the most common confusions.

Spanish minor child: residence as family member of a Spanish citizen

Article 94.1.f) grants this permit to the father, mother or guardian of a minor of Spanish nationality, provided that:

• The child is in your care and you live together, or you are up to date with your obligations towards the child (for example, maintenance and contact arrangements set out in an agreement or judgment).
• Parentage or guardianship is established under Spanish law.

Features:

• Five years' duration.
• It allows you to live and work, employed or self-employed, anywhere in Spain with no further formality.
• You can apply from inside Spain, even if your status is irregular.
• Once the application is admitted, you are provisionally authorised to reside and work until a decision is made; the start-of-processing notice must say so.
• Processing is given priority and the permit procedure itself carries no fee; you pay the card fee.

Full details are on the family of Spanish citizens page.

Minor child from another EU country: arraigo familiar

Family settlement (arraigo familiar, article 127.e) is now for the father, mother or guardian of a minor who is a national of another EU Member State, the European Economic Area or Switzerland, when:

• You live in Spain.
• The child is in your care and you live together, or you are up to date with your parental obligations.

It also covers a person supporting a relative with a disability who is a national of one of those States, is in their care and lives with them.

As an arraigo, the general requirements of article 126 apply, except the two years of stay: not being an applicant for international protection, no criminal record, no other permit or procedure pending, and the fee paid. It lasts five years and authorises work. More on the arraigo familiar page.

When is my child Spanish?

That is the preliminary question, and being born in Spain is not enough. Under article 17 of the Civil Code, a person is Spanish by origin if:

• Born to a Spanish father or mother, wherever the birth takes place.
• Born in Spain to foreign parents when at least one of them was also born in Spain.
• Born in Spain to foreign parents when neither parent's national law gives the child a nationality (or both are stateless). This depends on each country's law and is declared at the Civil Registry.

If your child was born in Spain but has your nationality, neither route opens. In that case the child can obtain their own residence when the parents are residents, and after one year of legal residence can apply for nationality (article 22.2.a of the Civil Code).

Usual documents

• Full, valid passport.
• The child's full birth certificate, showing parentage.
• The child's DNI or passport (or a document proving nationality).
• Proof of living together — joint padrón registration — or of meeting your obligations: judgment or agreement, maintenance payment receipts.
• Criminal record certificates, where required, legalised and translated.
• Official form (EX-24 for family of Spanish citizens, EX-10 for arraigo familiar) and the applicable fee.

Common mistakes

• Applying for "arraigo familiar" when the child is Spanish. It is a different case with a different form.
• Not living together and not proving you meet your obligations. Without cohabitation you need documents, not statements.
• Assuming the child is Spanish because they were born here.
• Unregistered parentage. Recognition of paternity must be recorded at the Civil Registry before filing.

Frequently asked questions

Do I need two years in Spain?

No. Neither route requires a minimum period of stay.

I am separated and the child lives with the mother. Can I apply?

Yes, if you prove you are up to date with your obligations: maintenance paid and a real relationship with the child as established.

Can I work while it is processed?

For residence as family of a Spanish citizen, yes: from admission you have provisional authorisation to reside and work. For arraigo familiar, the right to work comes with the grant.

What happens when my child turns eighteen?

The permit lasts five years. Before it expires you will need to see what applies then; with five years of legal, continuous residence the usual step is long-term residence.

I have an old arraigo familiar through my Spanish child. Must I change it?

No. Those who held that permit when the Regulation came into force keep it while they meet the conditions, with no new application.

Your next step

The free test tells you which of the two routes applies based on your child's nationality and your situation. If you are unsure how to prove cohabitation or maintenance, tell Resi.