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ene-2022

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Information Note on the procedures for the swearing in and registration of those persons who have been granted Spanish nationality.

The DGSJFP has recently published a circular with indications on the notifications made to applicants of the decisions regarding applications for Spanish nationality for Sephardim and on the notifications regarding the decisions of appeals lodged against refusals of nationality. Due to its practical interest, it is reproduced below:

 

CIRCULAR OF THE DIRECTORATE GENERAL FOR LEGAL SECURITY AND PUBLIC FAITH ON THE FORMALITIES FOR THE SWEARING IN AND REGISTRATION OF THOSE PERSONS WHO HAVE BEEN GRANTED SPANISH NATIONALITY UNDER LAW 12/2015, OF 24 JUNE, REGARDING THE GRANTING OF SPANISH NATIONALITY TO SEPHARDIM ORIGINATING IN SPAIN.

Law 12/2015, of 24 June, on the granting of Spanish nationality to Sephardim originating in Spain establishes in its Article 2.5 that "The resolution issued will be sufficient title for the practice of the corresponding registration in the Civil Registry, after fulfilling the requirement of the oath or promise of loyalty to the King and obedience to the Constitution and the laws required in letter a) of Article 23 of the Civil Code, along with the others established in the following section. The Directorate General of Registries and Notaries shall automatically send a copy of the decision to the Civil Registrar responsible for registering the birth".

At present the decisions, mostly concerning applicants domiciled outside Spain, are being forwarded to the Ministry of Foreign Affairs, European Union and Cooperation
for notification by the consular civil registries. In cases where applicants are domiciled in Spanish national territory, the decisions are sent to the municipal civil registries corresponding to their domicile. Both civil registries must notify these decisions to the interested parties, both in the case of granting them, in which case the corresponding appointment will be arranged with them for the swearing-in process, and in the case of refusals.

However, in the case of appeals against decisions rejecting these applications, in order to make the electronic processing of appeals more efficient, the voluntary representatives of the interested parties, domiciled in Spain, will be the recipients of the notifications. In these cases, there will be no communication of the decision to the civil registers, which will have to check the secure verification code (CSV) found at the foot of the decision in the electronic headquarters of the Ministry of Justice (https://sede.mjusticia.gob.es/es/comprobacion-autenticidad). 

Finally, it has been observed that in some files the voluntary representatives of the interested parties have entered the addresses of their professional offices in the place for the address of the applicants, with the consequence that this is the address that appears in the granting decision. For this reason, some applicants have appeared at the civil registers of their representatives' addresses with the intention of taking the oath. It should be remembered that the swearing-in procedure must be carried out at the civil registry corresponding to the applicant's residence and, therefore, it is compulsory to prove this by means of the appropriate census registration certificate before proceeding with the swearing-in procedure.

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