Oath of Nationality Notary

The Oath of Nationality before a Notary is the final step a foreigner must take to obtain Spanish nationality. During this simple procedure, the applicant swears or promises loyalty to the King, to obey the Constitution, and to respect Spanish laws in front of a notary of their choice. In cases where there is no dual nationality agreement with Spain, the individual must renounce their original nationality, although the actual renunciation depends on the legislation of the country of origin. After this act, it is registered in the Civil Registry, allowing the individual to obtain the Spanish ID (DNI) and passport.

What is the role of the Notary in an Oath of Nationality?

The Notary, as a legal professional, plays a crucial role in the Oath of Nationality, providing impartial advice. Their function is to ensure that the applicant understands and complies with the legal requirements during the oath or promise, where loyalty to the King and obedience to the Constitution are sworn. Additionally, the notary for the oath of nationality in Madrid or elsewhere in Spain ensures that the process is carried out correctly and in accordance with the regulations, offering flexible hours and personalized attention, which is often not possible at the Civil Registry.

The competent Notary for the oath of nationality will be the one corresponding to the applicant’s registered address in the nationality grant resolution. If the applicant has changed their address before the resolution, they must provide a certificate of registration to determine the competent Notary.

The process before the notary is faster than at the Civil Registry, providing greater flexibility in scheduling and programming according to the applicant’s availability, while also ensuring personalized attention and legal security.

Documents for the Oath of Spanish Nationality

To take the Oath of Nationality before a Notary, you need to present the following documents for the Spanish nationality oath:

• Resolution of Grant of Spanish Nationality: This includes your personal data and a CSV code to verify its authenticity. You have 180 days from receiving this resolution to take the Spanish nationality oath.
• Original Birth Certificate with Apostille: You must obtain this from the Civil Registry in your country of origin and have it apostilled there.
• Apostilled Certificate of Lack of Criminal Records.
• Valid Residence Card.
• Updated Padrón: With a maximum age of 90 days, obtained from your town hall or authorized offices. You can verify your data through the National Statistics Institute portal.
• Declaratory Data Sheet (Annex 1): Official document for registration in the Civil Registry, available on the Ministry of Justice website or provided by the notary.
• If you have only one paternal surname: You must present documents that prove your mother’s maiden surname, such as her birth certificate or your parents’ marriage certificate, duly apostilled and/or translated if necessary.

Once you have gathered the documentation, you should go to the notary on the date of your appointment for the oath of nationality or the Promise of Spanish Nationality. The notary will then send the deed to the Civil Registry.

Surnames in the Oath of Nationality

According to the Civil Code, the Civil Registry Law, and the DGRN Instruction, every person must have two surnames: the first from the father and the second from the mother. If filiation is through only one line, the surnames come from that line. If there is only one surname, it is duplicated.

EU citizens can choose to change their surnames or maintain those from their country of origin. At the time of the oath, the law allows choosing the order of surnames: first the paternal, then the maternal, or vice versa.

After the Oath of Nationality

How long does it take to obtain the DNI and passport?

After the oath, the notary for the oath of nationality sends a copy to the Civil Registry, which registers the new Spanish citizen and sends a birth certificate via email. With this certificate, you can request your DNI and passport at any police station in Spain.

In Madrid, the Civil Registry may take between 1 and 5 months to send the birth certificate, but you are already Spanish from the moment of the oath.

Where is the Oath registered?

The deed of the oath is registered in the Civil Registry of the province where you are registered, except if you were born in Spain, in which case it is registered in the Civil Registry of your place of birth.

What happens after the oath before the notary?

After the oath of Spanish nationality before the notary, the registration process is completed at the Civil Registry, which will issue the electronic birth certificate. You can then schedule an appointment for the oath of Spanish nationality at any police station to obtain your DNI and passport, presenting:

• Printed birth certificate.
• Two passport-sized photos.
• Current certificate of residence.
• TIE or Certificate of Registration as a Union Citizen, if applicable.

What is the Concordance Certificate?

It is a document you request at the police to verify that your NIE and DNI belong to the same person. It allows you to update your data with the Tax Office, Social Security, employment contract, banks, medical centers, and the Directorate General of Traffic.

Oath of Nationality before Notary with Menores

The process of taking the oath of nationality before a notary varies depending on the age of the minor:

Minors under 14 years old: They cannot take the oath personally, as it is considered a very personal act. Instead, the parents must sign a public deed accepting the nationality granted to the minor, indicating the name and surname by which the minor will be registered in the Civil Registry, as well as the chosen civil status.

Minors between 14 and 18 years old: They must appear before a notary with their parents to take the oath personally. During the act, they will swear allegiance to the King, the Constitution, and the laws, choose their civil status, renounce (or not) their previous nationality, and declare their name and surname.

Lexmovea Immigration Lawyers Madrid Spanish Nationality Oath

If you wish to process a nationality oath in Madrid, do not hesitate to contact us. You can write to us directly at [email protected] , where our team of expert Immigration Lawyers and Advisors is ready to assist you.

Why Choose Lexmovea for Your Spanish Nationality Oath in Madrid?

At Lexmovea, we understand that acquiring Spanish nationality is a crucial step in your life. That’s why we offer a comprehensive and personalized service to make this process as simple and efficient as possible.

• Our Experience and Commitment: We have a team of lawyers specializing in immigration, with extensive experience in processing nationality oaths before a notary. We will guide you through every stage of the process, from gathering the necessary documentation to final registration in the Civil Registry.
• Personalized and Close Service: At Lexmovea, we believe in the importance of a close and human approach. We will provide personalized advice, answering all your questions and ensuring that you feel supported and accompanied throughout the process.
• Efficiency and Convenience: We strive to make the nationality oath process as convenient and efficient as possible for you. We will handle all the necessary paperwork, allowing you to focus on enjoying your new Spanish citizenship.
• Peace of Mind and Trust: With Lexmovea, you can rest assured that your notary nationality oath is in good hands. Our commitment is to provide you with quality service based on trust and transparency.

Frequently Asked Questions about the Nationality Oath

1. How much does the oath of nationality before a notary cost? Many of our clients ask how much the notary charges for the oath. The cost for the oath before a notary varies depending on the number of documents to include and any possible necessary translations. Generally, the price for the oath before a notary ranges from 180 to 350 euros, including VAT. It is important to note that the notary’s fees are separate from Lexmovea’s services and should be paid separately.
2. What is the difference between an oath and a promise of nationality? From a legal standpoint, there is no difference between an oath and a promise. The main distinction is that the oath has a religious connotation, while the promise is a formal statement without religious implications. You can choose the option that best suits your personal beliefs.
3. What is civil status and how do I choose it during the oath? Civil status ties you to a specific region within Spain, which means you are subject to either the common civil law or the regional law (in regions like Catalonia, Aragón, Baleares, País Vasco, Navarra, Galicia, or Extremadura). During the oath, you must choose the civil status that applies to you, whether by your place of residence (with proof of registration), place of birth, or the civil status of your parents, adopters, or spouse. In most cases, you will acquire the civil status of your place of residence.
4. Can I change my name during the nationality oath? Typically, you will keep your original name during the Spanish nationality oath before a notary. However, in exceptional cases, such as when the name is derogatory or not accepted in Spain, you must change it. The name recorded in your birth certificate will be the one shown unless you can prove habitual use of a different name.
5. How long do I have to take the oath after receiving the nationality concession resolution? You have 180 days from the notification of the nationality concession to take the oath of nationality before a notary. It is important not to miss this deadline, as you could lose your right to acquire Spanish nationality.
6. Do I need to bring any specific documents on the day of the oath? Yes, in addition to the documents mentioned earlier (nationality concession resolution, apostilled birth certificate, apostilled criminal record certificate, valid residence card, updated registration certificate, and the data declaration form for the nationality oath), it is also advisable to bring your original passport and a copy of it.
7. Can I take the nationality oath at any notary in Spain? No, the oath must be taken at a notary located in the province where you are registered, unless you were born in Spain, in which case it can be done at the notary in your place of birth.
8. How long does it take for the Civil Registry to register the oath and issue the Spanish birth certificate? The processing time can vary depending on the Civil Registry. In some cities, like Barcelona, it can take between 1 to 5 months. However, you are considered Spanish from the moment of the oath, even before receiving the birth certificate.
9. Where is the oath registered? The oath deed is registered in the Civil Registry of the province where you are registered, except if you were born in Spain, in which case it will be registered in the Civil Registry of your birth place.
10. What happens after the nationality oath before a notary? After the Spanish nationality oath before a notary, the deed is sent to the Civil Registry to register your Spanish nationality. Once registered, you can request your DNI (National Identity Document) and passport, completing the process.
11. How long does it take for the birth certificate to arrive after the oath before the notary in Madrid? For the oath of nationality in Madrid, the birth certificate usually takes between 1 and 3 months to reach the Civil Registry. The time may vary depending on the workload of the registry. It is recommended to regularly check with the Civil Registry or through the Ministry of Justice’s online platform.
12. How long does it take for the birth certificate to arrive after the oath before the Civil Registry? After the oath at the Civil Registry, the birth certificate usually takes between 2 to 4 months, depending on the registry’s workload. You can track the status directly at the registry or through the Ministry of Justice’s website.
13. What are the requirements for the nationality oath? To meet the requirements for the nationality oath, you need the favorable concession resolution, a valid identification document (passport or NIE), and, in some cases, the legalized birth certificate. You must go to the assigned Civil Registry or notary within 180 days from the notification to declare your commitment to comply with the Spanish Constitution and laws.
14. What documents should I bring for the nationality oath? For the Spanish nationality oath, you need the favorable resolution, a valid passport, NIE (if applicable), and, in some cases, the birth certificate. Make sure to confirm the requirements with the Civil Registry or notary and bring updated documents and schedule an appointment.
15. Can I take the nationality oath before a notary? Yes, you can take the nationality oath before a notary if your file was processed through the Ministry of Justice’s platform. This speeds up the process as long as you have the favorable resolution and the required documents.
16. How do I request permission during the oath? Asking for permission during a notary nationality oath is a simple but important formality. For example, you can respectfully ask the official or notary: “May I proceed with the oath?” or “Do you allow me to continue with the oath?” This shows courtesy and confirms your understanding of the process. Be sure to bring the necessary documents for the nationality oath and follow the instructions from the professional in charge to ensure everything runs smoothly.

Do you have more questions about the Nationality Oath?

At Lexmovea, we are available to resolve any doubts you may have about the nationality oath process. Don’t hesitate to contact us!