Sheet 41 - Authorization of temporary residence of the accompanied foreign minor born in Spain

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable.

Last Updated: May 2025

Index of contents

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION

It is a temporary residence authorization acquired by foreign minors born in Spain who are unmarried, biological or adopted daughters of foreign parents who hold a residence authorization described in the Aliens Regulations (Royal Decree 1155/2024).

BASIC REGULATIONS

  • Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 16 to 19, and 31).
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 65 to 71 and 159).
  • Instructions DGM 4/2020 on the flexibility of the requirement of sufficient means in the processing of residence permits for family reunification.


 

REQUIREMENTS

  • Not to be a Community citizen, or a family member of a citizen of a State of the European Union, of the European Economic Area or of Switzerland to which the Union citizen regime applies.
  • That the foreign minor has been born in Spain (proof of the minor’s registration in the Civil Registry). 
  • That the child at the time of the application is a minor and is in Spain.
  • That the parent (any of them) has a residence permit described in the Aliens Regulations (Royal Decree 1155/2024).
  • Pay the fee corresponding to the processing of the procedure.

EXIGIBLE DOCUMENTATION

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of filing the application.

  • Application form in official model (EX-25) duly completed and signed by one of the child ' s parents.
  • Copy of the full passport, travel document or registration card in force of both the minor and the requesting parent.
  • Copy of the Birth Certificate in Spain of the minor foreign person.
  • When the minor is of compulsory school age, he/she must be accredited to an official school.
  • Form of Declaration of Compliance with the Obligation to Educate Children in Charge in Spain.

The Declaration form can be downloaded from this page.

  • Documentation accrediting the situation of residence of the parent: decision to grant residence authorization or residence visa or Foreigner’s Identity Card.
  • When the minor is not in Spain: The presentation of the declaration or authorization of the other parent will be required so that the child can reside in Spain, except that the parent who is the applicant has custody exclusively or has judicial authorization; in such cases they will provide the documentation that attests to these circumstances.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on the translation and legalization of documents.

PROCEDURE

  • Subject legitimated to submit the application: personally, one of the parents holding a residence permit described in the Aliens Regulations (Royal Decree 1155/2024).
  • Place of presentation:
  • In person, at the Aliens Office of the province in which the minor or disabled foreign person has fixed the domicile.

Information of the address, telephones and hours of attention to the public.

  • The application should be submitted:
    • Within 6 months of the date of birth.
  • Within 6 months following the date on which one of the parents acquires the status of residence provided that the minor is in the national territory and has not been absent from Spain since birth (to be counted from the day following the notification of the decision on the granting of residence of the father or mother).
    • In the event of failure to comply with the above circumstances, the minor person shall be required to apply the family reunification procedure:
      • Minor person born in Spain and is located in national territory, does not need a visa, in this case the requirements of article 67 of Royal Decree 1155/2024 (requirements of family reunification) will be required.
      • Minor person born in Spain and who at that time is not found in national territory, in this case the procedure will be as developed in article 67 and 68 of Royal Decree 1155/2024:
  • The presentation of the declaration or authorization of the other parent will be required so that the child can reside in Spain, except that the parent who is the applicant has custody exclusively or has judicial authorization; in such cases they will provide the documentation that attests to these circumstances.
  • Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:
  • Modelo 790 código 052, epígrafe 2.1.5 “autorización inicial de residencia temporal de menores extranjeros acompañados”.

The subscription form can be downloaded from this page.

  • Time limit for resolution and notification of the application: one month from the day following the date on which it entered the register of the body competent to process the application. Without prejudice to the decision that the Administration must issue, the expiration of the maximum period without having notified an express decision, legitimises to understand it dismissed by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within 10 calendar days from its publication, it will be given by notification).
  • The authorization granted will be valid for five years.
  • The residence authorization granted will enable them to work without any formalities when the holders reach the working age.
  • Within one month of the granting of the residence permit, the foreign minor person accompanied by one of his or her parents, must personally apply for the alien identity card at the competent Police Station or police services in his or her place of residence.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34


 

  • For the renewals of the authorizations the procedures and the procedure established for the residence authorizations of long duration or long duration U.E. will be followed. (See Long-term Residence Authorization).