Find out what happens if you fall into irregular status while applying for Spanish citizenship. Updated 2025 guide by Visal Immigration Lawyers for foreigners in Spain.

Are you applying for Spanish citizenship and suddenly realize that your residence card has expired or you’ve fallen into an irregular situation? Don’t panic — this happens more often than you think. In this comprehensive guide by Visal Immigration Lawyers, we’ll explain what happens if you become irregular during your citizenship process, how it affects your application (if at all), and how to complete your naturalization successfully in Spain.

By the end of this article, you’ll understand how the Ministry of Justice interprets this situation, what to do if your residence expires while waiting for a decision, and how to handle the final steps like the oath of allegiance and registration. If you still have questions, you can Schedule your consultation here: https://www.visalimmigration.com/en/consulting.

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When a foreigner applies for Spanish nationality by residence, one of the main requirements is to have legal and continuous residence in Spain for a specific number of years (usually ten, or less in certain cases). But what happens if, after submitting your application, you lose your legal residence?

This is called “overcome irregularity”, and it can occur for many reasons: not renewing your residence card on time, spending too much time abroad, having your renewal denied, or simply moving temporarily back to your home country while your citizenship case is still pending.

The important point is that this loss of residence does not invalidate your Spanish citizenship application, as long as you met all legal requirements at the time of submission. The official position of the Spanish Ministry of Justice — still valid in 2025 — is clear: if you had valid residence when you applied and fulfilled the legal conditions, the later expiration of your residence does not affect your right to obtain Spanish citizenship.

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This principle has been confirmed through various official resolutions. The logic is straightforward: the evaluation of your application is based on your situation when you submitted it, not afterward. Otherwise, countless applications would be unfairly rejected simply because the administration takes too long to process them.

Therefore, if your residence card expires during the wait, your file remains valid. However, problems can appear in the final stages — particularly during the oath ceremony, when you must appear before a Civil Registry or notary to formally acquire citizenship.

At Visal Immigration Lawyers, we’ve assisted many clients whose nationality was approved while they were already irregular in Spain. Some even returned to their home countries during the process, only to later receive the approval notification. The main challenge in these cases is not the recognition itself, but completing the remaining steps to become a Spanish citizen and obtain your DNI and passport.

If this sounds like your situation, don’t take risks. You can Schedule your consultation here: https://www.visalimmigration.com/en/consulting, and our legal team will guide you on how to proceed without losing your approval.

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After receiving a favorable resolution, you must take the oath of allegiance to the King and obedience to the Constitution and Spanish laws. This can be done before the Civil Registry or a notary public. However, the criteria vary widely depending on the office.

Some Civil Registries are flexible and allow the oath with only your passport and the approval letter, even if your TIE has expired. Others, however, are stricter and may require you to present a valid residence card or at least proof that it has been renewed. The situation is even stricter with notaries, who usually insist on a valid residence permit for identification purposes.

That’s why, if your residence has expired but you have already received a favorable decision, it’s better to perform your oath at the Civil Registry, where procedures tend to be more lenient.

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Let’s take a real example.
A Peruvian citizen applied for Spanish nationality in 2021. His residence card expired in 2024 while the case was still pending, and he couldn’t renew it on time. In March 2025, he received the approval. He can go to the Civil Registry with his Peruvian passport and the resolution to take the oath. If the registry accepts his passport for identification, the process will move forward smoothly.

Once the oath is completed, the nationality is registered in the Civil Registry, and the person can request their Spanish DNI and passport. In most cases, the National Police do not raise objections, as the applicant is already recognized as a Spanish citizen and can identify themselves with the Spanish birth certificate.

That said, it’s always wise to seek professional guidance, as some registries may take months to give you an appointment or may request additional documents. If this happens, you can Schedule your consultation here: https://www.visalimmigration.com/en/consulting.

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What if you are abroad when you receive your approval?
This scenario is more common than it seems. Imagine a Colombian citizen who applied for nationality, waited years for a decision, and then traveled back home for family reasons. When the approval arrives, he must return to Spain to complete the oath — even if his residence card has expired. This means he may need to request a new visa or entry permit.

That’s why, at Visal Immigration Lawyers, we always recommend not leaving Spain until you have completed the nationality process, especially if your card is about to expire. If you are already abroad, contact us before traveling back to Spain — our team will help you plan the safest legal route. You can Schedule your consultation here: https://www.visalimmigration.com/en/consulting.

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There’s also an important deadline for the oath ceremony: once your approval is published, you have 180 days (six months) to take the oath before the Civil Registry or a notary. If you don’t do it in time, your nationality may lapse and you would need to start the process again from zero.

If you are irregular and unable to secure an appointment within this period, a lawyer can help you request an extension or justify the delay to prevent the file from being canceled. At Visal Immigration Lawyers, we have successfully handled many cases like these — especially when administrative delays or force majeure reasons are well documented.

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It’s worth remembering that Spanish nationality by residence is based on the years of legal residence you had before applying, not whether your card is valid when the decision arrives. So, if you met all the requirements when you applied, you keep your right to citizenship even if your card later expires.

The key message is clear: you don’t lose your nationality because of temporary irregularity, but you might face practical obstacles at the end. Ideally, always renew your residence on time and keep your status valid, but if you’re already irregular, act quickly and with proper legal support.

For professional guidance, you can Schedule your consultation here: https://www.visalimmigration.com/en/consulting.
You can also contact us directly via WhatsApp at +34 618 702 253 (text messages only).

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Here are some of the most frequent questions our immigration lawyers receive regarding this topic:

Can I still get Spanish nationality if I become irregular during the process?
Yes. As long as you met all requirements when applying — legal residence, time, integration — a later irregularity won’t affect your approval. Only the final oath stage may require extra care.

Can I take the oath without a valid residence card?
Usually yes, if you do it at the Civil Registry, showing your passport and approval letter. Notaries are stricter and may require a valid TIE. Civil Registry is generally the safest route.

What happens if I’m abroad when my citizenship is approved?
You’ll have to return to Spain to take the oath, even if your residence expired. You might need to apply for a new visa. Contact an immigration lawyer before planning your trip.

Can the police refuse to issue my DNI if my residence card is expired?
No. Once your nationality is registered, you are a Spanish citizen. You’ll get your DNI and passport by showing your Spanish birth certificate and oath record.

How much time do I have to take the oath after approval?
You have 180 days. If you can’t get an appointment, a lawyer can help you justify the delay or request an extension so that your nationality doesn’t lapse.

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To summarize: becoming irregular during your Spanish citizenship process does not prevent approval, but it can complicate the last stages. The most important thing is to stay calm, keep your documents in order, and act within the legal deadlines.

At Visal Immigration Lawyers, we are experts in Spanish immigration and nationality law. We’ve helped hundreds of foreigners successfully regularize their status, renew their residence, and obtain Spanish citizenship. If you are in this situation, you can Schedule your consultation here: https://www.visalimmigration.com/en/consulting, or contact us by WhatsApp at +34 618 702 253.

You can also visit our website to explore other helpful articles about family residence permits, digital nomad visas, non-lucrative residence, and social or family roots (arraigo) procedures.

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Conclusion

Spain remains one of the most open European countries for granting citizenship by residence, even in cases of temporary irregularity. The decisive factor is meeting all requirements at the moment of application and completing the final steps correctly.

We hope this guide has clarified how to handle this situation. Remember that each case is different, and having the support of an experienced lawyer can make all the difference between success and unnecessary complications.

If you need personal legal advice, Schedule your consultation here: https://www.visalimmigration.com/en/consulting.
The team at Visal Immigration Lawyers will be happy to help you every step of the way.