Do You Need Apostilles for Marriage and Criminal Records When Applying for a Spanish Visa?

Last Updated on May 2, 2026 by Bruno Bianchi

If you’re applying for a Spanish visa—such as the non-lucrative visa (NLV)—you’ve likely come across the term apostilles. But what does it really mean, and do you actually need one? In this article, we’ll explore the role of apostilles when submitting foreign documents to Spanish consulates, clear up common confusion, and help you understand what the law really says.

Video: Spain Non Lucrative Visa Apostilles in Canada & EU | Expert Advice with Ainhoa Manero

What Is an Apostille and Why Does It Matter?

An apostille is a form of authentication issued to documents for use in countries that are members of the Hague Apostille Convention. It confirms that the document is legitimate and allows it to be recognized internationally—including in Spain.

For Spanish visa applications, especially the Non-Lucrative Visa, documents such as marriage certificates and criminal background checks must often be apostilled before they can be submitted to a Spanish consulate.

Apostilles: What Does the Law Say?

According to Spanish immigration regulations, any document issued by a country other than Spain must be apostilled. This rule applies to (not exclusively):

• Marriage certificates
• Criminal record certificates
• Birth certificates (where applicable)

Once apostilled, the document must then be translated into Spanish by a sworn translator (traductor jurado) authorized by Spain’s Ministry of Foreign Affairs.

👉 Important: According to expert immigration lawyers, the order matters: apostille the document first, then have it translated—not the other way around. Also sworn translate the Apostille itself.

Conflicting Instructions: The Case of the Toronto Consulate

One of the most common sources of confusion comes from consular websites. A recent case involved a Canadian applicant at the Toronto Spanish consulate, who noticed the website stated that apostilles were not needed for Canadian-issued documents.

However, as Spanish immigration expert Ainhoa Manero explained in a recent interview, this contradicts Spanish law. Even though the Toronto consulate may currently accept documents without apostilles, this practice is not in line with national regulations.

“I’ve seen cases approved in Canada without apostilles,” Manero noted, “but the law clearly requires them. The danger is if the consulate changes its internal criteria. Suddenly, your application could be rejected.”

What About Documents from the European Union?

Another area of uncertainty involves documents issued in other EU countries. A Spainguru community member asked about a marriage certificate issued in Greece being used in a visa application at the London or Manchester consulates in the UK.

Technically, due to certain EU regulations, public documents issued in one EU member state should be accepted in another without an apostille. However, in practice, many Spanish consulates still request apostilles, even for EU-issued documents like those from France, Greece, or Cyprus.

So, what should you do?

“I always ask my clients: Is there any problem getting the apostille?” Manero said. “If it’s quick and easy, just get it done. Fighting with the consulate may delay your application.”

Should You Take the Risk of Skipping the Apostille?

While some consulates may approve documents without apostilles, you are taking a risk by not following what the law prescribes. Here are a few key considerations:

• ✅ If your consulate explicitly says apostilles are not required for certain documents, and you’re comfortable with the risk, you may choose to proceed.
• ⚠️ However, the consulate could change its criteria at any time—especially if a new official takes over.
• ❌ If your documents are not apostilled and the consulate changes its stance mid-process, you may face rejection or delays.

Apostilles and Translations: Final Checklist

Here’s a quick checklist to avoid confusion:

1. Apostille any document not issued in Spain – especially marriage or birth certificates and criminal background checks.
2. Get the apostille before translating the document into Spanish.
3. Use a sworn translator authorized by the Spanish Ministry of Foreign Affairs.
4. Double-check your consulate’s specific requirements, but don’t assume that practice overrides national law.
5. When in doubt, apostille. It’s usually easier than fighting consular inconsistencies.

Conclusion

In summary, apostilles are a legal requirement for foreign documents submitted in support of Spanish visa applications. While some Spanish consulates, such as Toronto, may accept documents without apostilles, this is not aligned with national immigration law—and could change without notice. Similarly, although EU regulations suggest apostilles shouldn’t be required between member states, Spanish consulates often still ask for them.

If you’re serious about avoiding delays or denials, the safest approach is simple: apostille your documents, then have them translated by an official sworn translator. It may save you a lot of hassle in the long run.

Official Sworn Translations

Sworn translators appointed by the Spanish Ministry of Foreign Affairs provide official legal translations accepted by Spanish consulates and government offices. Any language pair. 100% online process.

Get a Sworn Translation

Bruno Bianchi CEO & Spain Immigration Expert

Bruno Bianchi is the founder and CEO of Spainguru, Spain's largest expat immigration community with 150,000+ members. Since 2014 he has helped thousands of people relocate to Spain through expert guides, webinars and vetted professional services covering visas, residency, taxes and life in Spain.

See Full Bio

Spain Non-Lucrative Visa Spain Digital Nomad Visa Spanish Residency Taxes in Spain for Expats Moving to Spain