nacionaliza

Spanish nationality oath: the 180-day deadline, appointments and notaries

Last updated: 1792886400

The jura (oath) is the last step to become Spanish by residence. Once you receive the decision granting nationality, you have 180 days, counted from the day after the notification, to swear or promise loyalty to the King and obedience to the Constitution and the laws. You can do it at the Registro Civil (Civil Registry) or before a notary. If you do not do it within that time, the grant lapses and you lose the nationality you were granted.

What is the jura or promesa?

Article 23 of the Código Civil (Civil Code) sets three requirements for the nationality to be valid:

  1. Oath or promise. You swear or promise loyalty to the King and obedience to the Constitution and the laws. "Jurar" (swear) and "prometer" (promise) have the same effect. You choose the wording you prefer.
  2. Renouncing your previous nationality, if it applies to you (see the next section).
  3. Registration in the Spanish Registro Civil. You are not Spanish until it is registered.

In the same act you also choose your vecindad civil (regional civil law status) and your Spanish name and surnames are set. Spaniards have two surnames. If you have only one, the rules of the Instrucción of 23 May 2007 on the surnames of naturalised foreigners apply.

Members of the Armed Forces who already took the military oath do not repeat it. They bring the certificate from the Ministerio de Defensa (Ministry of Defence).

Do I have to give up my nationality?

Yes, as a general rule. At the oath you declare that you renounce your previous nationality. These people do not have to:

Case Rule
Nationals of Ibero-American countries Código Civil, arts. 23 and 24
Andorra, the Philippines, Equatorial Guinea and Portugal Código Civil, arts. 23 and 24
Sephardic Jews of Spanish origin Código Civil, art. 23
French nationals Nationality agreement with France, in force since 2022

The agreement with France does not shorten the residence period. French nationals still need 10 years, unless another case in article 22 of the Código Civil applies to them. It only spares them the renunciation.

We have not found any other agreement published in the BOE (Spain's official gazette) after 2022 that adds countries to this list.

How long do I have to take the oath?

You have 180 days counted from the day after the notification of the decision. This is set by article 21.4 of the Código Civil and article 12 of Real Decreto 1004/2015.

  • The notification counts, not the website. Seeing "resuelto favorable" (decided in your favour) in "Cómo va lo mío" (the online case tracker) is not a notification. The deadline starts with the official notification, by Correos (post) or in the Carpeta Ciudadana (the government's online citizen folder), depending on what you chose.
  • If there are no appointments. A Ministry circular of 5 March 2021 says that if the Registro Civil cannot give you an appointment in time because of workload, the deadline is suspended until an appointment is available, and the Registry may give you proof that you asked for one. Always keep proof that you asked for an appointment within the deadline.
  • If the notification arrived late. Bring the proof of notification. The deadline counts from the date on that proof.
  • Before a notary. Asking a notary for the oath suspends the deadline while the notary processes it.

What happens if I do not take the oath within 180 days?

The grant lapses (caducidad). The Registro Civil issues a decision declaring it lapsed and the nationality is not registered. The grant stops having effect and you do not become Spanish through that case.

If problems with the notification prevented you from meeting the deadline, write to the Subdirección General de Nacionalidad y Estado Civil (the Ministry's nationality department) through the Ministerio de Justicia online registry. They can review it there.

Where can I take the oath?

Place When
Registro Civil Always. This is the traditional route.
Notary Since Ley 6/2021, which amended article 68.3 of the Civil Registry Act (in force since 30 April 2021). The Instrucción of 22 December 2021 sets out how it works.
Consulate The law allows it, but the Instrucción of 10 December 2021 says consulates do not handle the oath for nationality by residence until the new electronic Civil Registry works in all of them. Check with your consulate first.

Which office is yours. Both the Registro Civil and the notary must be those of your address shown in the decision granting nationality. If you have moved, you can go to those of your new address only if your certificado de empadronamiento (municipal registration certificate) shows you moved before the date of the decision.

How do I book an appointment?

  • Registro Civil. Many Registries give appointments on the Ministerio de Justicia online portal ("Cita previa Registro Civil"): you choose the office, the procedure and the date, and you receive a text message and an email with the appointment. Some autonomous communities run their own Registries with a different booking system. Look for the website of the Registro Civil in your town.
  • Notary. You call or write to a notary's office in your town and ask for an appointment for the "jura de nacionalidad". Ask for the price first, because the notary charges according to the official notarial fee scale (arancel notarial).

Book the appointment as soon as you receive the notification. In some cities the waits are long.

What do I need to bring?

What the Instrucción of 22 December 2021 and the circular of 5 March 2021 ask for:

  • The decision granting nationality. It is checked with its secure verification code (CSV).
  • The originals of your birth certificate and the criminal record certificate from your country, the same ones you scanned for the application, if your case number is in the 200,000 to 299,999 or 500,000 to 799,999 range (applications made online or through the electronic registry). If your case is in the 300,000 to 499,999 range (filed on paper), you receive an authentic copy of your birth certificate with the decision, and you only bring that copy and the decision.
  • Passport, or the valid identity document you use.
  • Residence card (TIE) with your NIE (foreigner identity number).
  • A current certificado de empadronamiento, if your address is no longer the one on the decision.
  • The military oath certificate, if you are a member of the Armed Forces.

The documents do not have to be valid today. It was enough for them to be valid when you applied. If you are missing something from the general list, check the list of documents for your file.

Some Registries ask for more papers, for example a surnames form or your parents' birth certificates to set your surnames. Ask your Registry or notary before the appointment.

What about minors?

  • Under 14. They do not swear or renounce, because these are personal acts. Their parents or legal representatives accept the nationality and choose the surnames and the vecindad civil.
  • Aged 14 to 17. The minor swears or promises personally, assisted by their legal representatives. Both the minor and the representatives sign.
  • If only one parent attends. Bring the other parent's power of attorney, their death certificate or the court ruling giving you sole parental authority.
  • Extra documents for minors. The legal representatives' identity documents, the minor's birth certificate showing who the parents are, and the parents' current empadronamiento.

At the oath you are told that your children under your parental authority have the right to apply for Spanish nationality by opción (option).

What happens after the oath?

  1. Registration. If you take the oath at the Registro Civil, the Registry has five days to register your nationality (article 13 of Real Decreto 1004/2015). If you take it before a notary, the notary sends the deed to the Registro Civil of your address and the Registry registers it. In the deed you give an email or postal address to receive your Spanish birth certificate.
  2. Certificación literal de nacimiento (full birth certificate). Ask the Registro Civil for it "para DNI" (for the DNI). For the DNI it cannot be more than six months old.
  3. DNI (Spanish national identity card). Book an appointment with the Policía (Police). Bring the full birth certificate, an empadronamiento certificate or volante (short certificate) less than three months old, a recent 32 x 26 mm photo with a white background, and your NIE. The NIE is required if you had one.
  4. Passport. With the DNI you can apply for the Spanish passport.

Frequently asked questions

When do the 180 days for the oath start?

From the day after the official notification of the decision. What you see in "Cómo va lo mío" does not count as a notification.

Can I take the nationality oath before a notary?

Yes, since 2021. It must be a notary in the area of the address shown on your decision. The notary charges for the deed according to the arancel notarial and then sends it to the Registro Civil for registration.

What do I do if the Registro Civil has no appointments before the 180 days are up?

Ask for the appointment within the deadline and keep proof. According to the Ministry circular of 2021, if the Registry cannot give you an appointment in time, the deadline is suspended. You can also go to a notary.

Do I have to give up my nationality if I am from Morocco, Romania or China?

Yes. At the oath you declare that you renounce it. Only nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and France, and Sephardic Jews, are exempt.

Does my 10-year-old child have to take the oath?

No. Children under 14 do not take the oath. Their parents or legal representatives accept the nationality on their behalf.

Sources

Ready to practise?

25 questions, 45 minutes, 15 right answers to pass.

This is not an official website. Nacionaliza is an independent study tool with no connection to the Instituto Cervantes. You register and pay for the exam on the Instituto Cervantes website.

More guides