Jura de Nacionalidad: The Final Step to Spanish Citizenship
Receiving the favorable resolution granting your Spanish nationality is an extraordinary milestone that culminates years of effort, integration, and bureaucratic procedures. However, this long-awaited document does not automatically make you a Spanish citizen under the law; there is a final, mandatory step subject to strict deadlines, without which the entire previous process will lose its validity. We are referring to the act of the jura (oath) or promise of loyalty to the King and obedience to the Constitution and the laws—a formal but vitally important step that opens the doors to your new legal identity.
The Legal Framework of the Jura de Nacionalidad: What Does the Law Say?
The jura de nacionalidad (oath of citizenship) is not a mere administrative whim, but a mandatory legal requirement rigorously regulated by the Spanish legal system. The fundamental pillar of this procedure is found in the Código Civil español (Spanish Civil Code), specifically in its Article 224 (in connection with the requirements of Article 21 and Article 22), as well as in the Reglamento del Registro Civil (Civil Registry Regulations).
For the acquisition of Spanish nationality by residence to take effect, the law requires the applicant to meet three essential requirements during the oath ceremony:
- Take the oath or promise: The interested party must formally declare their loyalty to the King and obedience to the Constitución Española (Spanish Constitution) and the laws of the State.
- Renounce your previous nationality: As a general rule, Spain requires you to renounce your nationality of origin. However, this requirement does not apply to nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or Sephardic Jews, who benefit from dual nationality conventions.
- Registration in the Registro Civil: The act must culminate with the registration of the acquisition of nationality in the Spanish Registro Civil (Civil Registry), the exact moment at which the applicant legally acquires the status of a Spanish citizen.
The Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (commonly known as the Ley de Extranjería or Immigration Law) and its implementing regulations act as the background framework regulating the prior residency status, but it is the civil and registry regulations that precisely govern the formal act of the oath.
A crucial aspect introduced by the reform of the public sector was the possibility of carrying out this procedure not only before the Encargado del Registro Civil (Civil Registry Officer) of your place of residence, but also before a Notario (Notary Public). This notary route, which was enabled to alleviate the backlog of public registries, has completely transformed the waiting times for new citizens.
The Critical Deadline: The 180-Day Expiration Period
If there is one figure you must engrave in your mind after receiving your positive approval notification, it is this: 180 calendar days.
Article 224 of the Civil Code (and the implementing regulations of the Ministry of Justice) strictly establishes that the granting of Spanish nationality by residence will expire if, after a period of 180 days from the notification of the approval resolution, the interested party has not appeared before the competent official to perform the oath, promise, and registration.
- When does the period start counting? The countdown begins the day after you receive the formal notification of the resolution (either electronically in your carpeta ciudadana online citizen folder or on paper).
- What happens if the deadline passes? The approval resolution loses all legal efficacy. This means the file is archived due to expiration (caducidad), and the applicant reverts to their previous status as a foreigner, being forced to start the entire nationality application process from the very beginning (paying fees again, retaking CCSE/DELE exams, obtaining new criminal record certificates, etc.).
Practical Steps: Step-by-Step to Complete Your Jura
To ensure you do not make mistakes and secure your transition to Spanish citizenship, follow this numbered roadmap meticulously:
1. Receipt and Download of the Approval Resolution
Once the Ministry of Justice approves your file, you will receive a notification. If you submitted the application online, you can download the resolution with its corresponding Código Seguro de Verificación (CSV, Secure Verification Code) from the Ministry's platform. Keep this document safe; it is your key to the procedure.
2. Choosing the Route to Perform the Oath (Registro Civil vs. Notary)
You have two legal options to perform the act:
- Via the Registro Civil (Public and Free): You must request an appointment (cita previa) at the Registro Civil corresponding to your place of empadronamiento (town-hall registration). In some large cities, getting this appointment can take months, so you must act extremely quickly to avoid exceeding the 180-day limit.
- Via a Notary (Private and Paid): You can go to any authorized Notaría (Notary's office) in Spain. The procedure is much faster (usually handled in a matter of days or weeks), but it involves paying professional fees to the notary.
3. Preparing the Required Documentation
On the day of your appointment, you must provide the following original documents (which must match exactly those submitted in your nationality application file):
- Approval resolution of Spanish nationality.
- Tarjeta de Identidad de Extranjero (TIE) (Foreigner Identity Card) currently in force (or the renewal receipt) or your EU Citizen Registration Certificate.
- Original and valid passport from your country of origin.
- Original birth certificate (legalized/apostilled and translated, if applicable), the same one submitted with your application.
- Criminal record certificate from your country of origin (original, legalized/apostilled and translated), if your local Registro Civil requires it again for verification.
- Updated Certificado de Empadronamiento (town-hall registration certificate, with a maximum validity of 3 months).
4. The Formal Act of the Oath or Promise
During the appearance (either before the Letrado de la Administración de Justicia of the Civil Registry or before the Notary), you will be asked the standard questions. You must answer under oath (jura) or promise (promesa) that you uphold the Spanish Constitution and the laws, and that you remain loyal to the King of Spain. Likewise, if your country of origin does not have a dual nationality agreement with Spain, you will formally declare your renunciation of that nationality.
5. Submission to the Civil Registry and Issuance of the Spanish Birth Certificate
If you performed the oath before a Notary, they will send the public deed of the oath electronically to the competent Registro Civil. If you did it at the Registro Civil, the file will continue its internal course. The Registro Civil will proceed to register your birth in the Spanish registry. Once registered, you will be issued the Certificado de Nacimiento para la obtención del DNI (a special birth certificate that has an exclusive validity of 6 months for this purpose).
6. Obtaining your DNI and Spanish Passport
With your Spanish birth certificate in hand, you must book an appointment with the Policía Nacional (National Police) through the official DNI appointment website. On the day of the appointment, you will bring the special birth certificate, your TIE, your padrón certificate, and a recent passport-sized photograph. During this same appointment, they will hand over your Documento Nacional de Identidad (DNI, National Identity Card) and your Spanish passport.
Deadlines, Costs, and Key Figures You Must Know
To plan this procedure successfully, it is essential that you manage the calendar and budget with precision:
- Expiration deadline of the approval: 180 calendar days from notification.
- Cost of the oath at the Registro Civil: 0 € (it is a free public service).
- Cost of the oath before a Notary: Between 150 € and 250 € approximately (this figure varies depending on the notary fees, the number of pages in the deed, and the specific notary's office).
- Validity of the Spanish Birth Certificate for the DNI: 6 months (if this period expires without having obtained the DNI, you must request a new certificate from the Registro Civil).
- Fee for the issuance of the first DNI: 12.00 € (amount subject to annual updates).
- Fee for the issuance of the first Passport: 30.00 € (amount subject to annual updates).
Real-Life Practical Examples
To illustrate how decisions and deadlines influence this process, let's analyze two very common scenarios:
Example 1: Carlos's Case (Saturated Registro Civil Route)
Carlos, a Colombian citizen living in Madrid, receives the notification of his nationality approval on March 10. Carlos knows he has 180 days to perform the oath, which sets his deadline on September 6.
When trying to book an appointment at his local Registro Civil, he discovers that the first available slot is for October 15 (out of time). Faced with the real risk of his approval expiring and losing the entire process, Carlos decides to change his strategy: he goes to a Notaría in his neighborhood. The notary gives him an appointment for March 25. Carlos performs the oath, paying a fee of 180 €. The deed is immediately sent to the Registro Civil, and Carlos saves his nationality within the legal deadline.
Example 2: Amina's Case (Fast Registro Civil Route in a Small Town)
Amina, a Moroccan citizen living in a small municipality in the province of Teruel, receives her favorable resolution on June 1. Her 180-day deadline expires on November 28.
Since she lives in a small town, she requests an appointment at the Registro Civil of her judicial district, and they assign her a date for June 20. Amina performs the oath completely free of charge (0 €), declaring her loyalty to the Constitution and renouncing her nationality of origin (as Morocco does not have a dual nationality agreement with Spain). Two months later, the Registro Civil delivers her Spanish birth certificate, and Amina obtains her DNI by paying the 12.00 € fee.
Mistakes You Must Avoid
Making a slip-up in this final phase can ruin years of waiting. Pay special attention to these recurring mistakes:
- Letting time pass thinking that the 180 days are business days: The 180-day period consists of calendar days (Saturdays, Sundays, and holidays are counted). Do not get complacent; start looking for an appointment the day after you receive the notification.
- Not renewing your TIE or your passport of origin: Even though you already have the nationality approval, you are still a foreigner until your birth is registered in the Spanish Registro Civil. If your TIE or passport expires before the oath, you could face serious identification issues on the day of your appointment. Keep your original documents valid.
- Moving to another province without notifying the authorities: The oath must be performed at the Registro Civil that corresponds to your empadronamiento (registered address). If you move to another province right after receiving the approval and do not correctly manage the transfer of your file, you could lose your appointment and exceed the 180-day limit.
- Forgetting to request the "Certificado de Concordancia" after getting your DNI: Once you have your Spanish DNI, your NIE number will disappear and you will have a new DNI number. It is essential that you request a Certificado de Concordancia (Certificate of Concordance) from the National Police so you can update your new identity with the Social Security, the Tax Agency (Hacienda), your bank, the Dirección General de Tráfico (DGT, Traffic Authority), and your employer.
Frequently Asked Questions (FAQ)
Can I perform the oath of nationality from abroad?
Yes, it is legally possible. If you have been granted Spanish nationality by residence but find yourself outside of Spain for justified reasons, you can perform the oath or promise at the Spanish Consulate in the country where you are located, always within the 180-day limit from notification. However, keep in mind that consular appointments can be very limited.
What happens to my nationality of origin if I have to renounce it?
For citizens of countries that do not have a dual nationality treaty with Spain (such as the vast majority of countries in Asia, Africa, or Eastern Europe), Spanish law requires a formal renunciation during the oath ceremony. This renunciation is made before Spanish authorities to take effect within the Spanish legal system. However, the actual loss of your nationality of origin will depend exclusively on the internal laws of your country of birth.
Can my nationality be denied at the moment of the oath?
Although it is extremely rare, the Registro Civil could suspend or deny the final registration if it is detected that the applicant has committed serious crimes or has lost their legal and continuous residence in Spain between the moment of approval and the oath ceremony (which would break the requirement of good civic conduct and integration).
How long does the Registro Civil take to deliver the birth certificate after the oath before a Notary?
There is no unified fixed deadline. It depends entirely on the workload of the Registro Civil in your locality. In some small registries, the process can be completed in 15 days, while in civil registries of large capitals (like Madrid or Barcelona), the registration of the notary oath can take between 2 and 5 months.
Do I have to physically hand over my TIE card on the day I get my DNI?
Yes. At the moment the National Police issues your DNI and Spanish passport, you are fully acquiring Spanish citizenship for all legal purposes. Therefore, your Tarjeta de Identidad de Extranjero (TIE) loses its validity and is physically retained by the police officers for its subsequent destruction.
Summary
- The jura or promise is the indispensable final step to effectively acquire Spanish nationality.
- You have a strict deadline of 180 calendar days from the notification of the approval to complete the procedure; otherwise, the file will expire.
- You can perform the oath for free at the Registro Civil or quickly via a paid route (between 150 € and 250 €) before a Notario.
- You must provide key documents such as the approval resolution, your passport, a valid TIE, your original birth certificate, and an updated padrón certificate.
- After the oath, you will obtain your Spanish birth certificate, with which you can process your DNI (12.00 €) and Spanish passport (30.00 €).
- Do not forget to request your Certificado de Concordancia to update your identity details with all public and private organizations.
General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.
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