Residence permit for a child born in Spain: EX-25 and 6-month deadline

In short: A residence permit for a child born in Spain to foreign parents with legal residence is requested with form EX-25, under art. 159 of RD 1155/2024. One of the parents applies within 6 months of the birth, or of the parent's own residence grant if that came later. No visa is needed, the permit lasts 5 years, the fee is 10.94 € and the office has 1 month to decide: no answer counts as a refusal.

In person or by representative? Mixed. Art. 159 says the father or mother applies in person. Information sheet 41 (Hoja 41) also allows electronic filing, with an electronic certificate or through a professional (gestor administrativo, graduado social or lawyer). Under Hoja 60, representation is proven with a notarial power of attorney (apoderamiento notarial) or apud acta. Because art. 159 speaks of a personal application, confirm with the office that it accepts a representative for this procedure. The TIE card is requested in person, with the child present and one of the parents.

Who can apply.

• The child is a foreign national, was born in Spain and is the son or daughter, biological or adopted, of foreign parents. The article does not distinguish by country of origin.
• It is enough that one of the two parents holds a residence authorisation of the kinds the regulation provides for (Hoja 41).
• The child's registration in the Registro Civil (civil register) must be on record, the child must be a minor on the day of the application and must be in Spain.
• It does not apply to EU citizens or to family members of EU citizens covered by the Union citizen regime.
• Art. 159 does not list economic means or housing among its requirements. Family reunification asks for them.

Deadline.

• 6 months from the birth or, if later, from when one of the parents gets residence (art. 159.1). In the second case, Hoja 41 counts the deadline from the day after the parent's residence decision is notified.
• If the deadline has passed, Hoja 41 sends the case to family reunification. A child who is in Spain needs no visa, but the art. 67 requirements apply: economic means, adequate housing and health insurance, among others.

What changed with Supreme Court ruling 868/2026 (BOE of 22.09.2026). More detail in our card on the ruling.

• It annulled the word «solteras» in art. 159.1: the child no longer has to be unmarried.
• It annulled the condition of not having left Spain since birth. Under the correction order of 1 September 2026, the child must have kept effective, habitual residence in Spain. Temporary and justified absences do not by themselves rule the article out or send the case automatically to family reunification.
• It did not annul the 6-month deadline.

Hoja 41 not updated. Hoja 41 dates from May 2025, before the ruling. It still speaks of «solteras» daughters and says the child must not have left Spain since birth: exactly the two points the Supreme Court annulled. The rule in force today is the consolidated text of art. 159, valid since 22.09.2026. If the office relies on the old sheet, it is worth checking with a professional.

Documents

• Form EX-25, signed by one of the parents.
• Full copy of the passport, travel document or registration certificate (cédula de inscripción) in force, of both the child and the applying parent.
• Copy of the child's birth certificate issued in Spain (the registration in the Registro Civil is on record).
• Proof of the parent's residence: the grant decision, a residence visa or the TIE.
• If the child is of compulsory school age: enrolment in an authorised official school (art. 159.2).
• The declaration form on compliance with the schooling obligation for minors in your care in Spain (communication forms, Migraciones). Hoja 41 asks for it as a separate document, not only for children of school age.

Copies are submitted and the originals are shown at filing. Hoja 41 asks for the other parent's declaration or authorisation only when the child is not in Spain. A document from another country needs a sworn translation into Spanish or the co-official language of the place of filing; a public document also needs legalisation or an apostille, unless an international convention exempts it (Hoja 61). There are country guides: Ukraine and Ecuador. The list comes from art. 159.3 and Hoja 41: check with your office whether anything is missing.

Where to file.

• In person: at the Oficina de Extranjería (immigration office) of the province where the child has their address. For the appointment, see how to get a cita previa.
• Electronically: through the electronic office of the Ministry of Territorial Policy. To see how it works, read about Mercurio and Cl@ve and electronic certificate. It is not confirmed that EX-25 is filed through Mercurio: confirm the channel with your Oficina de Extranjería.

Fee, decision and duration.

• Permit fee: form 790, code 052, heading 2.1.5: 10.94 € (Order PJC/617/2025). The fee arises on filing and is paid within 10 working days. Check the current amount on the fees page of the sede the day you pay.
• Decision: 1 month from when the application reaches the register of the competent body. No answer counts as a refusal (negative silence). If a document is missing, you have 10 days from the request to supply it, or the file is closed. After a refusal or silence, see what to do.
• Duration: 5 years from the date of the decision.
• Work: the permit allows employed and self-employed work, with no further procedure, once the holder reaches the minimum working age.

After the grant.

• TIE: within 1 month of the notification of the grant, the child goes in person with a parent to the police of the place of residence. Details in how to get the TIE. The TIE fee is form 790, code 012, heading 4.2: 16.08 € (Order PJC/617/2025).
• At 5 years: art. 159.7 refers to long-term residence. Hoja 41 says renewals follow that procedure. See long-term residence.

Other cases.

• If a parent has temporary protection (Ukraine), SEM Instructions 2/2026 bring their own rules, including on the 6-month deadline: residence of a child with temporary protection.
• If the child was not born in Spain, a different article and different requirements apply: residence of a child not born in Spain.

Official source: RD 1155/2024, consolidated text (art. 159) · Hoja 41, Ministry of Inclusion · Supreme Court ruling 868/2026 (BOE) · EX forms, Migraciones (our forms card).

Informational only; check the official source and a professional for your specific case.