One of the most common questions we receive from Clients regarding the Extraordinary Regularization process is not only whether they have a criminal record, but what happens when it is not possible to obtain the required certificate.
In many cases, clients face situations where they do not have access to the authorities in their country of origin or in the countries where they have lived in recent years, encounter administrative difficulties, or simply do not have enough time to obtain the document.
Royal Decree 316/2026 anticipates this scenario and provides a specific mechanism.
⏺️ The obligation to provide a criminal record certificate
As a general rule, the regulation requires applicants to submit criminal record certificates:
– From their country of origin
– From any country where they have resided during the five years prior to entering Spain
This is particularly important, as in many cases it involves not just one document, but several certificates.
⏺️ Legalization, apostille, and translation: a key step
Beyond obtaining the certificate itself, one of the most important practical aspects is ensuring that these documents are valid in Spain.
This means:
– The certificate must be legalized or apostilled, depending on the country
– An official translation into Spanish must be provided if the document is issued in another language
This step can significantly extend the timeline, especially in countries where administrative procedures are more complex.
In many cases, the issue is not obtaining the certificate, but ensuring it is properly prepared so that it is valid for the application.
💡 If you are not sure whether your certificate must be legalized or apostilled, it is essential to review this in advance —you can consult our reference guide (in Spanish) — as the validity of the document in Spain will depend on this step.
Hague Apostille or diplomatic legalization: which applies in your case
⏺️ What happens if you cannot obtain one or more of these certificates?
The regulation provides a specific solution.
If the applicant can demonstrate that they have requested the criminal record certificate from the relevant authorities and one month has passed without receiving it, the Administration may request it through internal channels.
This mechanism applies both to the country of origin and to any country where the applicant has resided in the last five years.
⏺️ What must you provide in this case?
To activate this mechanism, the applicant must provide:
- Proof that the certificate has been requested in each relevant country
- Evidence that at least one month has passed without a response
- A sworn statement confirming that the document has not been received
- Authorization for the Spanish authorities to request the certificate
This means that, if the applicant has lived in multiple countries, this process must be carried out for each of them.
⏺️ A key aspect: suspension of the procedure
When the Administration requests the certificates through internal channels, the procedure may be suspended. This means that deadlines are paused until a response is received or the maximum period has elapsed.
In practice, this can significantly delay the process, especially in cases involving multiple countries.
⏺️ How can ARC Legal Abogados assist you?
At ARC Legal, we assess your case from the outset to identify potential difficulties in obtaining and preparing the required documentation, particularly when multiple countries are involved.
We assist you in preparing your application, ensuring that all documents —including criminal record certificates— are properly legalized, translated, and aligned with the legal requirements.
If you would like to know how to prepare your application or clarify any doubts about your case, feel free to contact us.
Related publications
- Extraordinary regularization: requirements to access the procedure
- Extraordinary Regularization in Spain: How to demonstrate your eligibility
- Administrative Fees in Spain’s Extraordinary Regularization
¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Antecedentes penales en la regularización extraordinaria en España: qué hacer si no puedes obtener el certificado
The information provided in this article is for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, immigration regulations are subject to change and interpretation by the competent authorities. For personalized and up-to-date advice, we recommend consulting a qualified immigration lawyer.