The nationality oath: the final step
Obtaining Spanish nationality is a long process. From the application to the favourable resolution by the Ministry of Justice, it can take between 1 and 3 years. But when the positive resolution arrives, one final mandatory step remains: the oath or pledge of allegiance to the King and obedience to the Constitution and the laws.
Without this formal act, the nationality is not perfected. Article 23 of the Civil Code establishes that acquisition of Spanish nationality by residence requires an oath or pledge of allegiance to the King, obedience to the Constitution and laws, and renunciation of the previous nationality (with exceptions).
Deadline: 180 days
From the notification of the concession resolution, you have 180 calendar days to take the oath or pledge. If the deadline passes without the oath, the concession expires and you would have to start the process again. There is no extension.
The notification arrives by post to the address you provided in the application and is also published on the Ministry of Justice's electronic portal. It is advisable to check the portal periodically, because postal mail can be delayed and the 180 days count from the effective notification date.
Where the oath takes place
Historically, the oath was taken before the judge of the Civil Registry of the applicant's domicile. Since the entry into force of Law 20/2011 on the Civil Registry (progressive implementation), it is also possible to take the oath before a notary.
In practice, most oaths are still taken at the Civil Registry, because the procedure is free. But the notary route is a valid option that can be faster, especially if the Civil Registry has a backlog of appointments.
Oath at the Civil Registry
You request an appointment at the Civil Registry of your domicile. The waiting time varies by city: in Madrid it can exceed 2-3 months; in smaller cities, 2-4 weeks. Since you have 180 days, it is advisable to request the appointment as soon as you receive the resolution.
The act is brief. The registrar reads the formula and the applicant responds "yes, I swear" or "yes, I pledge". There is no legal difference between swearing and pledging; it is a personal choice.
Oath before a notary
If you prefer not to wait for the Civil Registry appointment, you can go to a notary. The notary draws up a record of the oath and sends it to the Civil Registry for registration. The notary fee is around 60-90 euros.
Required documents
For the oath you need to present:
- Nationality concession resolution. The original document sent by the Ministry of Justice.
- Valid passport of your current nationality.
- NIE or residence card.
- Recent certificate of registration (usually from the last 3 months).
- Birth certificate (original or literal copy, legalised or apostilled depending on the country of origin).
Some Civil Registries request additional documentation, such as a criminal record certificate or the original application form. It is advisable to confirm with the specific Civil Registry before the appointment.
Renunciation of previous nationality
The Civil Code requires renouncing the nationality of origin as part of the oath. But there are important exceptions. The following nationals are exempt from renunciation:
- Ibero-American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Equatorial Guinea, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Uruguay, Venezuela.
- Portugal.
- Andorra.
- Philippines.
- People of Sephardic origin.
If your nationality is not on the list, you must renounce during the oath. The renunciation is declared verbally before the registrar or notary. This does not mean your country of origin automatically withdraws your nationality: each country has its own rules. Some countries (such as Colombia or Mexico) do not recognise renunciation made before foreign authorities, so in practice you keep both nationalities.
After the oath: registration and ID
Once the oath is taken, the Civil Registry records the acquisition of nationality. If the oath was before a notary, the notary sends the record to the Registry for registration.
With the Civil Registry registration you can:
- Apply for a Spanish ID card (DNI). Book an appointment at the National Police station. You need the literal birth certificate from the Spanish Civil Registry and a recent photo.
- Apply for a Spanish passport. Once you have the DNI, you can request the passport at the police station or the issuing office.
- Register on the electoral roll. As a Spanish citizen you can vote in all elections.
The time between the oath and obtaining the DNI varies. In large cities it can take 1-2 months due to appointment backlogs.
Frequently asked questions about the oath
Can I take the oath from abroad? Yes. It can be done at the Spanish consulate in the country where you reside, or before a Spanish notary by video conference through our service.
What happens if I am abroad when the resolution arrives? The 180 days still count. If you cannot return in time, contact the Spanish consulate in your country of residence to schedule the oath there.
Can I change my name when taking the oath? Yes. The moment of the oath is the only opportunity to adapt your name to Spanish spelling or to reverse the order of your surnames according to Spanish law (paternal first, then maternal). But this is optional.
Total cost of the procedure
- Oath at the Civil Registry: free.
- Oath before a notary: 60-90 euros (fee + copies + VAT).
- DNI: 12 euros (issuance fee).
- Passport: 30 euros.
The main expense, if you opt for a notary, is the notary fee. But the advantage is speed: instead of waiting weeks for a Civil Registry appointment, the notary can see you within days.
Our nationality oath service
At Notaria Online we process the Spanish nationality oath by video conference. We assign you a notary, prepare the documentation and carry out the act in a 15-20 minute session. Afterwards, the notary sends the record to the Civil Registry for registration.