Moroccan citizen in Spain and citizenship

[Kokky]

Hello

I have a 5 year work visa and living in Spain for 5 Years. I am pregnant and his father is UK citizen and lives with me in Spain

I have heard that if I give birth in spain that this would give me spanish citizenship, does anytime know the answer to this ?

[Casa]

Only if the child is born in Spain to foreign parents if at least one of them was also born in Spain

[Kokky]

Neither of us are born in Spain

So the child will have spanish nationality still if he is born in Spain?

Will he also have Moroccan and British nationality by virtue of the fact of having parents of those nationality ?

Would this situation enable my moroccan wife to able to travel to UK more easily? She was refused travel visa prior to being pregnant so will this change the position? Ideally we all wnat to able to travel to UK but not necessarily live there.

Plus my wife will have permanent residency in Spain will this also help her to be able to travel to UK ... the UK visa thing is something we are trying to achieve without having to apply for spouse visa which is what we don’t want right now

What would be the best options ?

[secret.simon]

Where was the British parent born?

If the British parent was born in the UK, the child will be a British citizen by descent and can apply for a British passport directly. If the British parent was born outside the UK themselves, they cannot transmit their British citizenship to their children automatically.

It seems the child will get Moroccan nationality through the mother as well. But it is unlikely that the child would get Spanish nationality.

Plus my wife will have permanent residency in Spain

Did your wife acquire PR in her own right under Spanish domestic law or as your partner under EU law? The former does not allow her to travel to the UK, the latter does.

Is the British partner/parent exercising treaty rights in the UK and if so, how and for how long?

[Kokky]

Many thanks for you mr reply

Husband is UK born I am moroccan

Not sure what you mean about excercising European treaty rights mean, can you please explain?

I acquired PR alone and not by being with my husband.

So does it mean son will not be a spainsih citizen at all? But he would be able to travel with his father but my myslef to UK, I can travel anywhere in the EU but not UK!!!!

Surely thee has to something in law to allow us all to travel together and I don’t get why it’s so complicated

[Casa]

Many thanks for you mr reply

Husband is UK born I am moroccan

Not sure what you mean about excercising European treaty rights mean, can you please explain?

I acquired PR alone and not by being with my husband.

So does it mean son will not be a spainsih citizen at all? But he would be able to travel with his father but my myslef to UK, I can travel anywhere in the EU but not UK!!!!

Surely thee has to something in law to allow us all to travel together and I don’t get why it’s so complicated

You haven't replied to secret.simon's question regarding how your husband obtained British citizenship

Your son won't qualify for Spanish citizenship and will only be able to enter the UK if he holds a British passport.

Exercising Treaty rights requires your husband to be working or studying in Spain, or hold comprehensive health insurance if he is claiming self-sufficiency (relying on your income for example).

You are able to travel within the European Schengen zone with your Spanish Residence Card, but the UK isn't a Schengen state and requires a valid visa.

[Kokky]

Hello all

We do have a baby now born in Spain so ca our baby travel to UK ?