In short: A residence permit for a child in Spain whose parent holds legal residence is requested with form EX-25 and lasts 5 years. It goes under art. 159 if the child was born in Spain and under art. 160 if born abroad. If the parent or guardian has temporary protection (Ukraine), the third instruction of SEM 2/2026 waives, for art. 160, the 2 years of prior stay, the economic means and the housing. 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. One of the parents (or the guardian) signs. The form is filed at the Immigration Office (Oficina de Extranjería) of the province where the child lives (appointment) or, electronically, with an electronic certificate or through a gestor, lawyer or graduado social, according to the official information sheets (sheet 41, sheet 42). A representative needs a notarial power of attorney (apoderamiento) or apud acta (sheet 60). The TIE card is requested in person, with the child present and a parent. EX-25 is not in the published list of procedures in Mercurio: the exact electronic route is not confirmed (see “What is not confirmed”).
Who can apply.
- Art. 159, child born in Spain: son or daughter, biological or adopted, of foreign parents who hold a residence authorisation. No visa needed. General deadline: 6 months from birth, or from when a parent obtains residence if that came later.
- Art. 160, child not born in Spain or under guardianship: under 18 on the date of the application, without their own family unit, and accompanied by the parent or guardian who has residence in Spain. It also covers adult children with a disability who cannot support themselves. The general rule asks for 2 years of continuous stay in Spain and the economic means and housing required for family reunification.
- In both cases the child must be in Spain when the application is filed. If the child is still abroad, see family reunification.
- The general rules, without the temporary protection exemptions, are in the guides to the residence permit for a child born in Spain and the residence permit for a child not born in Spain.
With temporary protection: what changes (SEM Instructions 2/2026, third instruction). It applies when the parent or guardian has temporary protection for Ukraine. For the other changes in the instructions (residence and work, arraigo, long-term residence) see SEM Instructions 2/2026.
- Art. 160: the 2 years of prior stay, the economic means and the housing are not required. The other requirements remain: age, being accompanied, school enrolment where applicable, passport, birth certificate and fee.
- Art. 159: it can be requested at any time while the parents remain on temporary protection. The 6 months only start to run when a parent obtains an authorisation other than temporary protection.
- In both cases it can be requested even if no parent has changed authorisation.
- How long temporary protection lasts: the Instruction treats it as valid until 4 March 2027; the EU has since extended it until 4 March 2028 (Decision (EU) 2026/1912).
Supreme Court judgment 868/2026 (BOE of 22.09.2026). It annulled, in these articles:
- the word “unmarried” («solteras/solteros», arts. 159.1 and 160.1);
- the requirement not to have left Spain since birth (art. 159.1), which is now read as effective and habitual residence, with temporary and justified absences taken into account;
- the requirement that the guardianship be established under Spanish law (art. 160.2).
The 6-month deadline in art. 159.1 was not annulled. The Instruction, dated June, still says “unmarried”.
Official sheets not updated. Information sheets 41 and 42 (last updated: May 2025) include neither the Instruction nor the judgment, and sheet 42 still asks for the 2 years, the means and the housing. If the office asks for them, the basis is the third instruction of SEM 2/2026 (paragraphs 1 or 2, and 3). When you file, cite it in a cover letter: it is not an official requirement, it just makes clear what you rely on.
Deadlines, duration and fees.
- Decision: 1 month from when the application reaches the register of the competent body; no answer counts as a refusal (negative silence). If something is missing you have 10 days to correct it, or the file is closed. Against a refusal or silence see what to do.
- Duration: 5 years from the date of the decision, not from the TIE. It includes the right to work from the minimum working age.
- Permit fee: form 790, code 052, heading 2.1.5, 10.94 € (Order PJC/617/2025), in the child's name; it is paid within 10 working days of filing.
- TIE fee: form 790, code 012, heading 4.2, 16.08 €.
After the grant.
- Renouncing the child's temporary protection (if the child has it). When the new authorisation is obtained you must expressly renounce temporary protection (seventh instruction; art. 24.1.d of RD 1325/2003). It is done with the withdrawal or renunciation form of the OAR (Ministry of the Interior), by electronic register, signed by the parent or legal representative. The receipt is shown when requesting the TIE.
- TIE: within 1 month of the notification, the child goes in person with a parent to the competent police or immigration office, with form EX-17, fee 790-012 and the renunciation receipt. Details in how to get the TIE.
Apostille and translation. The full official list is in arts. 159.3 and 160.4 and in information sheets 41 and 42; this page does not repeat it and may be incomplete. One specific point for Ukrainian families: a birth certificate issued in Ukraine needs an apostille and a sworn translation into Spanish (how to get the apostille). The box-by-box EX-25 walkthrough and the document checklist are in the PDF guide on this page.
What is not confirmed.
- Electronic filing. EX-25 is not in the published Mercurio list, although information sheets 41 and 42 speak of electronic filing through the sede. There is no official confirmation of how to file it online: ask the Immigration Office of your province.
- Consent of the other parent. Sheet 42 asks for a declaration or authorisation from the other parent, unless there is sole custody or a court authorisation. We have not found an official template, and the form of the consent is not specified.
- Renunciation for the child alone. The OAR form speaks of one communication per adult file. There is no official confirmation of whether temporary protection can be renounced for the child alone, or how that affects the parents.
- Parents who already changed authorisation. The Instruction asks that the parent or guardian hold temporary protection and does not say what happens if they have already left it. Check with the office or a professional.
- Child born in Spain without their own temporary protection. The heading of the third instruction speaks of minors who hold the authorisation, but paragraph 1 only requires temporary protection from the parents. There is no official clarification.
- After the 5 years. Art. 159.7 refers to long-term residence; for art. 160 neither the text nor sheet 42 says anything.
- Fee in 2026. The 10.94 € is the amount in Order PJC/617/2025, whose consolidated text was last updated on 16.06.2025; the order provides for annual updating. Check the amount on form 790 the day you pay.
- Ukrainian certificates and the USSR. A 1984 exchange of notes between Spain and the USSR accepts civil-registry certificates without legalisation (BOE). There is no official confirmation that Spain applies it to certificates issued by Ukraine, so the safe route is apostille and sworn translation.
Official source: RD 1155/2024, consolidated text · SEM Instructions 2/2026 (PDF) · Supreme Court judgment 868/2026 (BOE) · EX forms, Migraciones (our forms card).
Informational only; check the official source and a professional for your specific case.