What to do when a Spanish office refuses your apostille

Key rules

• Fixing time: You normally have 10 working days to fix a defect, or the application counts as withdrawn.
• Criminal record certificate: It must usually have been issued within the last 3 months.
• Read the notice: The notice names the defect and the deadline, so match your fix to it.
• Private documents: Notarise a private document before you apostille it.

Start with the notice

A refusal almost always names the defect. Read the notice first and match it to the causes below. Then act fast: the time to fix it is short.

How long you have

You normally get 10 working days to fix the defect. If you miss that, the application is treated as withdrawn. The notice states the exact deadline for your case, so follow the date on it. If the office refuses the application outright instead, see the appeal section at the end.

Common causes and the fix for each

The apostille came from the wrong authority, or does not match the document type. Go back to the proper authority in the country that issued the document and ask for a correct apostille. Do not ask a Spanish office to correct it.

A copy or translation attached to the document has no apostille of its own. Each notarial copy or translation needs its own apostille. Get the missing one added.

The apostille is detached, unsigned or illegible. It must be attached to the original document and be readable and signed. Ask the issuing authority for a new one.

The document is too old. Many offices want certificates issued within 3 to 6 months. Criminal record certificates must usually have been issued within the last 3 months, and the procedure you apply under sets the exact period. Order a fresh certificate, then apostille it.

There is no sworn translation. Spanish offices normally want a translation into Spanish by a traductor-intérprete jurado. Some want the apostille text translated too, so ask the office, or include it to be safe. A translation into a co-official language may be accepted where that language applies locally.

The document is a private paper. A signed letter or similar private document must be notarised first, and then apostilled. An apostille on the unnotarised paper is not enough.

Your country is not in the apostille system. An apostille is not accepted. You need full legalisation through the Spanish consulate route instead. Ask the consulate what it requires.

If the application is rejected outright

You can file a recurso de reposición with the same office. It is commonly due within one month, but the deadline printed in the decision is the one that counts. Other appeals may be open to you, and the decision says which. Fixing the document and applying again can be quicker if the problem is only paperwork.

Before you resubmit

Check every item against the office's own list, since requirements vary by office and procedure. The documents list and warnings below cover what to gather and what to avoid.

Timeline and deadlines

• Read the notice to see exactly what the office found wrong: as soon as you receive it

• Fix the defect: get a correct apostille, add a sworn translation, or obtain a newer certificate: within 10 working days of the notice, or the application is treated as withdrawn

• File an appeal (recurso de reposición) if the application is rejected outright: commonly within 1 month, as stated in the decision

Documents you need

• A correct apostille on the original document, issued by the proper authority in the country that issued it and matching the type of document.

• A sworn translation into Spanish by a traductor-intérprete jurado, including the apostille text, or into a co-official language where needed.

• A recent certificate if the one you used is too old. Many offices want certificates issued within 3 to 6 months, and criminal record certificates usually within 3 months.

• A notarised version of the document if it is a private document, before it is apostilled.

• A separate apostille on any notarial copy or translation attached to the document, if it was not apostilled itself.

What to watch out for

• Missing the time to fix the defect: If the office finds a defect and you do nothing, your application is treated as withdrawn after 10 working days. Start fixing the problem the day you get the notice and send the corrected document before the time runs out.

• Wrong or detached apostille: An apostille from the wrong authority, one that does not match the document, or one that is detached, unsigned or illegible gets refused. Ask the proper authority in the issuing country for a new apostille and keep it attached to the document.

• Unapostilled copies or translations: A notarial copy or translation attached to the document is refused if it was not apostilled itself. Apostille the original document first, then have it translated by a sworn translator.

• Certificate too old: Offices refuse certificates that are too old. Criminal record certificates must usually have been issued within the last 3 months. Order a fresh certificate close to your filing date and ask the office for its exact limit.

• Country outside the apostille system: If your country is not a Hague Convention party, an apostille is not accepted and full legalisation is needed. Ask the Spanish office or consulate which legalisation steps apply to your country.

Frequently asked questions

Does the apostille itself need to be translated into Spanish?

Usually yes, the apostille text is included in the sworn translation when it contains anything beyond the standard French headings. The standard fields are widely understood, but many offices want the apostille translated too. Ask the office whether it wants it included.

Can I appeal if the office rejects my application outright?

Yes, you can file a recurso de reposición with the same office, or take a higher appeal, within the deadline stated in the decision. Reposición is commonly one month. Act within the notice you received.

What if my country is not part of the apostille system?

If your country is not a party to the Hague Convention, an apostille is not available and you need full legalisation instead. Ask the Spanish office which steps it expects for your country.

What if my document is a private paper, such as a signed letter?

A private document must be notarised first, and only then can it be apostilled. An apostille on a document that was never notarised is likely to be refused.