
If you’re applying for a Spanish visa or a TIE card, one document causes more confusion, refusals, and last-minute panic than almost any other:
👉 The criminal record check.
Between police certificates, background checks, apostilles, translations, time limits, and country-specific rules, it’s easy to get this wrong — and immigration offices are not forgiving.
This guide explains exactly how criminal record checks work in Spain, which one you need, how to apply, and how to avoid the most common mistakes that delay or destroy applications.
Why Spain Requires a Criminal Record Check
Spain requires proof of a clean criminal record to ensure that applicants for residency:
- Do not pose a public security risk
- Meet EU and national immigration standards
- Comply with Schengen and Spanish law
This requirement applies to most long-term visas and residency permits, including:
- Non-Lucrative Visa (NLV)
- Work visas
- Self-employment visas
- Digital Nomad visas
- Family reunification
- Student visas (long-term)
- TIE card applications following visa approval
The legal basis comes from Spain’s immigration regulations enforced by the Ministerio del Interior and implemented by Spanish immigration offices nationwide.
Important: There Are TWO Different Criminal Record Checks
This is where most people go wrong.
1️⃣ Foreign Criminal Record Check (Your Home Country)
This is the most commonly required certificate.
You must provide a criminal record certificate from:
- Your country of nationality
- And/or any country where you lived for more than 6 months in the last 5 years
For UK passport holders, this is usually:
- ACRO Police Certificate (UK)
For other nationalities:
- FBI check (USA)
- National police certificate (Canada, Australia, etc.)
🔴 This certificate usually must be:
- Issued within the last 3–6 months
- Legalised or apostilled
- Officially translated into Spanish
2️⃣ Spanish Criminal Record Certificate (Certificado de Antecedentes Penales)
This is issued by Spain and only applies if:
- You have already lived in Spain, and
- You are switching status, renewing, or applying for residency from within Spain
This certificate is issued by the Ministerio de Justicia.
Not everyone needs this — but if required and missing, your application can be refused.
Which One Do You Need for Your Visa or TIE?
Applying for a Visa From Outside Spain
You usually need:
- ✅ Foreign criminal record certificate
- ❌ Spanish certificate not required
Applying for a TIE After Visa Approval
Usually:
- ❌ No new criminal record needed
- (Unless requested due to time gaps or changes)
Applying From Within Spain (Status Change / Amnesty / Regularisation)
Often:
- ✅ Foreign criminal record certificate
- ✅ Spanish criminal record certificate
Always check your specific route — requirements differ by visa type and timing.
How to Get a Spanish Criminal Record Check (Step by Step)
Option 1: Apply Online (Digital Certificate)
You can apply online via the Ministry of Justice if you have:
- A digital certificate
- Or Cl@ve system access
This is the fastest method (often same day).
Option 2: Apply In Person
You can apply at:
- Territorial offices of the Ministry of Justice
- Some public administration offices
You’ll need:
- Passport or NIE
- Completed application form
- Payment of the official fee (Modelo 790)
Option 3: Apply via a Representative
You can legally authorise someone else to obtain it for you — common if:
- You’re abroad
- You lack digital access
- You’re short on time
How Long Is a Spanish Criminal Record Certificate Valid?
This is crucial.
Spain does not state an official validity period, but in practice:
- Immigration offices usually accept certificates issued within 3 months
- Some accept up to 6 months, depending on context
Always aim for fresh documents close to submission.
Apostille & Translation Rules (Where People Mess Up)
Apostille
- Foreign criminal records must be apostilled (usually Hague Apostille)
- Spain will not accept uncertified documents
Translation
- Must be done by a sworn translator recognised in Spain
- DIY translations or non-certified translators are rejected
Spanish criminal record certificates do NOT need apostille or translation.
Common Mistakes That Get Applications Rejected
❌ Using the wrong country’s certificate
❌ Certificate issued too early
❌ Missing apostille
❌ Non-sworn translation
❌ Uploading scans that are unclear or incomplete
❌ Assuming an old certificate is “still fine”
❌ Thinking a visa refusal bans you permanently
Spanish immigration works on formal compliance, not common sense.
Criminal Records and Minor Offences
Not all records lead to refusal.
Spain looks at:
- Type of offence
- Severity
- Time passed
- Whether the offence is spent or expunged
- Risk assessment
Minor, historic offences do not always result in refusal, but non-disclosure can.
Always be honest.
Do You Need a Criminal Record Check for the Immigration Amnesty?
Although final rules are still being published, criminal record checks are expected to be required, particularly to show:
- No serious criminal history
- No security risk
This will likely include:
- Foreign criminal record certificate
- Possibly a Spanish certificate if you’ve lived in Spain
Preparation before the system opens will be critical.
How We Help With Criminal Record Checks
We assist clients by:
- Confirming which certificate(s) you need
- Checking validity timing
- Advising on apostille and sworn translation
- Coordinating documents to avoid expiry
- Ensuring everything matches Spanish immigration expectations
- Preparing your file so it’s submission-ready
One incorrect document can delay a case by months — or trigger a refusal.
Final Thoughts: Don’t Treat This as a “Simple” Document
A criminal record check is not just a formality in Spain. It’s a legal compliance document that must match:
- The correct country
- The correct timeframe
- The correct legal format
- The correct immigration route
Done right, it’s routine.
Done wrong, it’s one of the top reasons applications fail.
If you’re unsure, get advice before submitting — it’s far easier to prepare correctly than to fix a refusal.
Links
Government website on getting a Criminal record check
How to upgrade your Green Card to as TIE Card in Spain
TIE Cards in the news in Spain
Spains 2026 immigration amnesty latest news
Brexit 5 year TIE CARD renewals
How the Spanish Police make your TIE-CARD
