Children born in Spain: temporary trips do not automatically rule out residence

Spain’s Supreme Court has clarified the residence rules for foreign children born in Spain. Temporary, justified trips abroad do not, by themselves, exclude a child from the residence route under Article 159 of the Immigration Regulation.

The key point is whether the child has maintained their effective, habitual residence in Spain since birth. Families should therefore distinguish a temporary trip from a move abroad: the ruling does not remove the need to establish habitual residence or meet the route’s other requirements.

The judgment is dated 8 July 2026, with a rectification dated 1 September 2026; both were published in the BOE on 22 September 2026. This is a court ruling concerning this specific residence route, rather than a new visa rule for all applicants.

Source: Supreme Court judgment and rectification, BOE-A-2026-19632 · Published 22 September 2026 https://www.boe.es/buscar/doc.php?id=BOE-A-2026-19632

Por qué importa

Families with foreign children born in Spain must distinguish temporary travel from moving abroad; habitual residence and other requirements remain relevant.