What does it consist of?
The oath of Spanish nationality before a notary is the act by which a person who has obtained Spanish nationality by resolution of concession formally makes the oath or promise required by Spanish legislation to complete the process of acquiring nationality.
The act is performed before a notary and consists, among other matters, of taking an oath or promise of loyalty to the King and obedience to the Constitution and laws, as well as making the corresponding declarations regarding civil residence and, where applicable, renouncing previous nationality.
Once the oath or promise has been made, the corresponding notarial instrument is formalized, and the necessary actions are carried out for its registration in the Civil Registry, in accordance with the applicable procedure.
It is important to bear in mind that the oath must be made within the legal deadline established from the notification of the concession of nationality. Therefore, it is advisable to prepare the necessary documentation in advance and check that the personal data and the concession resolution are correct.
The intervention of the Notary's Office allows this procedure to be carried out in an orderly manner and with advice on the documentation and declarations necessary to complete the process correctly.
Required Documentation
Resolution of concession of Spanish nationality.
Valid identity document or passport.
Foreigner Identity Number (NIE), where applicable.
Birth certificate, when necessary for the procedure.
Documentation relating to marital status, when applicable.
Documentation proving personal data and any circumstances that must be recorded in the act of oath.
Where appropriate, documentation relating to the original nationality and the renunciation thereof, when applicable.
The specific documentation may vary depending on the personal circumstances of each interested party, so it is advisable to consult with the Notary's Office beforehand about which documents must be provided.
Taxation
The oath of Spanish nationality before a notary does not, in itself, constitute an operation subject to the Tax on Property Transfers and Documented Legal Acts.
The notarial service does generate corresponding notarial fees, which will depend on the actions performed and the documentation to be formalized.
In what situations can this service be used?
Spanish nationality granted by residence
When a favorable resolution for the concession of Spanish nationality by residence has been obtained and it is necessary to make the corresponding oath or promise.
Spanish nationality by option
In cases where the acquisition of Spanish nationality by option requires making the corresponding declarations before a notary, when legally possible.
Persons wishing to take the oath before a notary
For those who, after receiving the concession of nationality, opt to take the oath or promise before a Notary's Office instead of going to the Civil Registry, when the applicable procedure allows for this route.
Formalization of necessary declarations
When, in addition to the oath or promise, it is necessary to make declarations regarding civil residence, previous nationality, or other legally provided circumstances.
Subsequent processing before the Civil Registry
Once the act has been performed before the notary, to carry out the necessary actions for the acquisition of nationality to be correctly registered in the Civil Registry.