Procedure · Residencia temporal del menor extranjero acompañado, nacido o no nacido en España
Residence for the children of foreign residents in Spain
A five-year residence permit for the children of foreign residents — with no visa. For a child born in Spain there is a six-month deadline from the birth; for a child born elsewhere, two years of continuous presence in Spain.
Checked at source ·
- Official fee
- No visa is required. The processing fee applies to the permit for a child not born in Spain
- Official name
- Residencia temporal del menor extranjero acompañado, nacido o no nacido en España
- Forms
- —
- Steps
- 10
- Documents required
- 8
Source: Boletín Oficial del Estado — Real Decreto 1155/2024, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000 (texto consolidado). Checked .
Who needs one
Foreign parents holding a Spanish residence permit, for their unmarried minor children, and for adult children with a disability who cannot provide for themselves.
Step by step
First, the thing this is not
Being born in Spain does not make a child Spanish. Nationality is a separate matter with its own rules. What being born here to foreign parents who hold residence does is open a residence permit of its own, granted without a visa and lasting five years from the date of the decision. Confusing the two is the commonest mistake in English-language material on this, and it costs families the six-month deadline below.
Child born in Spain: apply within six months of the birth
The permit is available to unmarried minors born in Spain who are the biological or adopted children of foreign parents holding one of the residence permits in this Regulation. The father or the mother must apply in person, within six months of the birth — or from the date a parent obtains residence, where that comes later. Two conditions attach to the child: they must be in Spain, and they must not have left the country since being born. A child who has travelled falls outside this article and goes through family reunification instead.
Child not born in Spain: two years of continuous presence
For unmarried children under eighteen at the time of the application who were not born here, and who are with a parent resident in Spain, the permit requires continuous and uninterrupted presence in Spain for at least two years before the application. The parents or guardians must also meet the income and housing requirements this Regulation sets for family reunification. The same route is open to adult children with a disability who cannot objectively provide for their own needs because of their state of health, provided that in either case they have not formed a family unit of their own.
Where only one parent is involved, custody has to be documented
For a child of only one of the spouses or partners, that parent must additionally hold parental authority alone, or have been granted exclusive custody, with the move of the child's residence to Spain authorised by a court or consented to by the other parent — or hold custody jointly, with the other custody holder's consent to the child living in Spain. A child accompanied by a foreign resident who is their legal guardian can also qualify, provided the guardianship was constituted under Spanish law.
You can apply before the parent's own permit is decided
The application for a child not born in Spain may be filed while the parent's own residence permit is still being processed. Waiting for the parent's decision before filing is not required, and where the two-year clock is close to being useful, filing early can matter.
School enrolment has to be proved
Where the child is of compulsory school age, the file has to show they are enrolled at an authorised official teaching centre. This applies to both articles, and it is checked rather than assumed.
One month for the decision, and silence means refused
If the documentation is incomplete you have ten days from the notification to put it right, failing which you are treated as having withdrawn the application and the file is closed. The decision is due within one month of the application being received, and if that month passes with nothing, the application is refused by silence. That is worth knowing, because a month of silence on a child's file reads like an administrative delay and is in fact a refusal you can act on.
One month to get the card
Within a month of being notified of the grant, the child — accompanied by the parent — applies in person for the foreigner identity card at the police service or Immigration Office.
Five years, and work rights that arrive by themselves
Both permits last five years from the date of the decision. And both authorise employed and self-employed work automatically, with no further administrative step of any kind, once the holder reaches the minimum age for admission to work. No separate work permit, no application, no fee.
After five years, long-term residence
Once the five years are up, the application for long-term residence follows the ordinary procedure. A child who obtained this permit at birth reaches that point at five years old, with five years of lawful residence behind them.
Documents you need
Complete copy of the passport, travel document or cédula de inscripción
Valid, for both the child and the parent or guardian applying.
For a child born in Spain: the Spanish birth certificate
A copy of the certificate of birth in Spain.
For a child born elsewhere: birth certificate or guardianship documents
A copy of the birth certificate, or the documentation constituting guardianship under Spanish law.
Proof of two years of continuous presence in Spain
For a child not born here, covering the two years immediately before the application. Continuous and uninterrupted.
Proof of income and housing
For a child not born here: the means and accommodation this Regulation requires to exercise family reunification.
Proof of school enrolment
Where the child is of compulsory school age, at an authorised official teaching centre.
Custody documentation, where only one parent applies
Sole parental authority or exclusive custody with judicial authorisation or the other parent's consent, or joint custody with that consent.
Proof of the processing fee
For the permit for a child not born in Spain.
Common questions
My baby was born in Spain. Are they Spanish?
Not by being born here. Nationality follows its own rules. What birth in Spain to foreign parents holding residence gives is a residence permit of its own — no visa, five years — provided a parent applies in person within six months of the birth.
What if I miss the six months?
The article stops being available and the child goes through family reunification instead. The same applies if the child has left Spain at any point since being born, which is a separate condition of this route.
My child was not born in Spain. What do we need?
Two years of continuous, uninterrupted presence in Spain before the application, and parents or guardians who meet the income and housing requirements for family reunification. The child must be unmarried, under eighteen at the time of the application, and not have formed their own family unit.
Can my adult child with a disability get this permit?
Yes, where they cannot objectively provide for their own needs because of their state of health, have not formed their own family unit, and meet the same conditions on presence and on the parents' means and housing.
How long does the permit last?
Five years from the date of the decision, in both cases. After that, the application for long-term residence follows the ordinary procedure.
Will my child be able to work?
Yes, automatically, employed or self-employed, with no additional administrative procedure at all, from the moment they reach the minimum age for admission to work. There is no separate work permit to apply for.
What happens if we hear nothing?
The decision is due within one month of the application being received. If that month passes with no notification, the application has been refused by silence — not delayed.
Can I apply before my own residence permit is granted?
For a child not born in Spain, yes: the application may be filed while the parent's own residence permit is still being processed.
Sources
Every fact on this page comes from one of these. We do not cite other guides, because a copy gives us no way to notice when the original changes.
- Real Decreto 1155/2024, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000 (texto consolidado)Boletín Oficial del Estado
- Cita previa de extranjeríaMinisterio de Política Territorial y Función Pública
This is information, not advice
Your own case depends on your nationality, your current status and your history with the administration — none of which a web page can see. Confirm anything that matters with the responsible authority or a qualified professional before you act on it.