Question a Spanish visa application
My partner has HIV, but it is undetectable, after a stem cell transplant years ago. He also has a felony conviction at age 18 which was discharged. When applying for a Spanish visa, are these issues going to be a problem? He hasn’t completed the FBI background check yet so I am not sure this will even show up. We have the papers showing it was discharged.
Answers
These are the answers of some Facebook group members:
“Our attorney said the FBI only cares about things within the last five years. Get a certified and apostilled copy of the discharge to send in with the background check just to be safe.”
“HIV will not come up on the visa. The health letter only discusses things from the 2005 International Health Regulations, which we were given to understand was like yellow fever, etc. They are not interested in manageable diseases at all (although the private health insurance people will).”
“Spanish law can’t discriminate against HIV, that includes the Spanish visa process.”
“If he has a passport then it’s ok. It’s easy for anyone with a felony can’t leave the country or get a passport ever… To get a Spanish visa you need a passport.”
“I had an arrest from 1975 and it showed up in the FBI report. The Houston consulate asked me to explain but then it was never mentioned again. It seemed more of a formality than a problem.”
“You should have a clean record from the last 5 years and if anything else shows up on your acro report from before this, it is reviewed case by case by immigration as to if they will accept it or not.”
In conclusion, it seems that when applying for a Spanish visa, most consulates only consider records within the last five years, although there may be exceptions. It is recommended to include a certified and apostilled copy of the discharge with the background check for safety. HIV status does not impact the visa process as Spanish law prohibits discrimination based on HIV, and only the 2005 International Health Regulations regarding diseases like yellow fever are considered. Having a passport is a requirement for getting a visa, but even a past felony conviction does not necessarily prevent obtaining a passport or leaving the country. An arrest from a long time ago may show up in the FBI report, but it may only be a formality and not an issue.
