When the document Spain wants does not exist in your country

Key rules

• Office discretion: The Spanish office decides whether a substitute is enough, so confirm with it first.
• Best substitute: An official statement from the authority or consulate that the document is not issued is the strongest option.
• Preparation: Substitutes usually need an apostille or legalisation and a sworn translation.
• Police records: A sworn statement alone is generally not accepted for a criminal record certificate.

The short answer

If a document cannot be issued in your country, Spanish offices may accept a substitute. The two most common are a certificate of non-existence and a sworn declaration. Acceptance is at the discretion of the Spanish office, and the answer can differ by procedure. Ask the office handling your case what it will take before you spend money on paperwork.

Start with an official statement

The strongest substitute is an official statement saying the document does not exist or is not issued. Ask for it from the competent authority in your country or from your consulate. For a police record, it should say that your country issues no such certificate or has no working registry.

Keep proof of why the document cannot be issued, such as war or the lack of a registry. Offices look for a documented reason.

If no official statement is possible

Some offices accept a sworn declaration. Others want an acta de notoriedad, a statement made before a notary. This depends on the office, so do not assume it will work. The checklist and decision block below show how to choose.

Other proof of the facts

For birth, marriage or single status, you can add supporting records:

• a consular certificate or declaration
• a church or baptism record
• an old libro de familia
• school or military records
• in family reunification cases, DNA evidence
• a court or administrative ruling

Refugees and stateless people usually get more flexibility.

Prepare the papers

Substitutes usually need an apostille or legalisation. Anything not in Spanish needs a sworn translation. Check the exact requirements before you start.

Police records are stricter

For many residence permits, a sworn statement alone is generally not accepted in place of a criminal record certificate. Some procedures, such as certain renewals, allow a declaración responsable that you have no criminal record. Nationality by residence expects a certificate from your country of origin, with exceptions in practice only when your country issues none. Read the instructions for your specific procedure.

Choosing between options

Which substitute should you offer when the document cannot be issued?

• Certificate of non-existence: Your home authority or consulate will state in writing that the document is not issued. This is the usual first choice.

• Sworn declaration: No official statement can be had and the office accepts a declaration, as in some renewals and regularisation steps.

• Other proof of the facts: A civil document such as a birth or single-status record is missing. Use a consular certificate, acta de notoriedad, church or school records, or a court ruling.

Start with an official statement of non-existence. Use a sworn declaration only if the procedure's instructions or the office allow it, because the Spanish office decides whether the substitute is enough. Add an apostille or legalisation and a sworn translation to whatever you submit.

Documents you need

• A certificate of non-existence, or an official statement from the home authority or your consulate saying the document or police record is not issued, with an apostille or legalisation.

• A sworn translation of any substitute document that is not in Spanish.

• A sworn declaration, or an acta de notoriedad before a notary, if no official statement can be obtained and the office accepts it.

• Supporting records such as a consular certificate, baptism record, libro de familia, school or military records, or a court or administrative ruling.

• Proof of why the document cannot be issued, such as war or the lack of a registry.

Frequently asked questions

Can a sworn statement replace a foreign police certificate?

Usually not on its own, because most residence permits that ask for a criminal record certificate want one from your country of origin, legalised and translated. Some procedures, such as renewals and certain regularisation steps, accept a declaración responsable (a signed statement that you have no criminal record). Check the instructions for your procedure.

What can I use if my country has no working registry for police records?

Get an official statement from the competent authority or your consulate saying that such a certificate is not issued. Add an apostille or legalisation and a sworn translation. Show the reason, such as war or no registry, and expect the office to decide case by case.

What other proof can I offer if a civil document cannot be obtained?

Offices may accept a consular certificate, an acta de notoriedad (a notary's statement of known facts), baptism or school records, an old libro de familia, or a court ruling. In family reunification, DNA evidence can also be used.