How to Obtain a Spanish Visa if you have a previous Criminal Record

Nearly all countries in Europe require a criminal record check before granting a residence visa or work visa.  Spain is no exception, foreign nationals that are planning to relocate to Spain or regularly visit for long periods of time must obtain a visa suited to their needs.  Also, when renewing your visa an applicant often must provide proof that they have no acquired a criminal record since their initial application.

Spain - requirements for applicants for the following visas

• Schengen visa which is a short-stay visa for up to 90 days suitable for individuals who own a holiday home which they visit periodically during the year.

• National visa, a long-stay visa which allows residence for work, retire or study.  

• Also those individuals renewing an existing Golden visa 

To provide a criminal record certificate from either your home country or the country that you have been domiciled in for the previous year.  If it is discovered that an applicant has been convicted of a serious crime, such as a terrorist offence, drug trafficking or a violent crime, the application is likely to be refused. Moreover, according to Spanish Law, the applicant must submit clear criminal records. Any criminal record could involve a refusal letter. 

However, the Spanish Supreme Court has relaxed this rule and it states that each application must be individually assessed taking into account the circumstances of the case.

Andreu Marin, a senior associate in the Barcelona office, commented “a criminal record report that demonstrates that an applicant has a criminal record should be judged on the nature of the crime and its severity.   Andreu further pointed out “a criminal record report can extend back for some considerable years but if the offence took place a long time ago and was relatively minor there may be circumstances where it is possible to persuade the relevant authorities that the applicant does not pose a risk and the application may be granted.”

The Spanish Consulates in the UK require an ACRO Police Certificate (DBS Check is not valid for visa applications) which must be translated into Spanish and apostilled (authenticated by a government authority so that it can be used in another country) The ACRO documents can record offences from over 30 years previously.
 

Case Study

Giambrone & Partners client required a non-lucrative visa and his ACRO police certificate showed that he had a criminal record and his application was rejected.  Andreu Marin investigated the nature of the crime and learnt that our client’s only offence took place in 1989 and was a tax offence.  Our client pleaded guilty on his lawyer’s advice and was given a nine-month prison sentence, suspended for 12 months and a fine of £2,000 as it was his first offence.  

In light of his criminal record and according to Spanish Law, the Consulate rejected his application and sent a refusal letter.  Andreu Marin appealed and outlined the facts of the case pointing out that the minor nature of the offence which had taken place over 30 years previously and that there was no violence or disruption of public order.  Furthermore, our client had developed a professional career and was active in assisting with a charity.  He also drew attention to the fact that the courts have indicated that each case must be assessed separately on its own merits and a criminal record may not be an automatic bar on obtaining a visa.  

Following Andreu’s appeal the Consulate reconsidered and our client was granted a visa. 

Giambrone & Partners has successfully been able to overturn decisions where visa applications have been refused due to a criminal record in cases where the facts show the actions were minor or took place some time ago.  It is important to inform your legal advisor if there is a criminal past, however minor, as whilst your offence may be spent and will not appear on a basic Disclosure and Baring Service certificate for the purposes of a visa a far more thorough enquiry is made.  It is far better for your lawyer to have the information before making the application on your behalf to enable mitigation to be presented with the application.

Andreu Marin Muñoz is a senior associate in the Barcelona office, has extensive experience in immigration matters, from obtaining visas (non-lucrative, Golden Visa, student or Schengen visas) to applications for EU family members, deportations and Spanish citizenship.

He has also successfully acted in a wide range of criminal proceedings, assisting foreign nationals with extraditions, EAW (European arrest warrant) and at hearings with defendants, amongst other matters.

Andreu is well-regarded by his clients for his comprehensive understanding of their needs and objectives which enables him to advise them and provide the best legal solution to their problems. He is able to create a strategy for his clients to achieve their objectives that can be adapted when necessary to meet other issues that may arise.

Andreu has successfully obtained non-lucrative visas for all the British clients he has assisted through the consulates in London, Manchester and Edinburgh since joining the firm in October 2022. 

If you would like more information on obtaining a visa for Spain please click here