Who needs a background check?
Under Article 53.1 of the Reglamento de Extranjería (RD 1155/2024), a criminal record certificate is required for applicants over 18 whose stay exceeds 180 days (roughly 6 months). Applicants under 18 are exempt regardless of course length. Applicants whose stay is under 180 days are typically also exempt, though some consulates apply the requirement to shorter stays.
The requirement is specifically a national-level certificate. State, provincial, regional, or local police checks are not accepted. This matters particularly for US and Canadian applicants, where local police departments can produce official-looking criminal record letters that are rejected at the Spanish consulate.
The 5-year rule
The certificate must cover every country where you have lived during the past 5 years. If you moved from the UK to the US three years ago, you need both an ACRO certificate and an FBI check. Each country's certificate only covers that country's records, so you need a separate one from each. Short-term travel (holidays, short business trips) does not count as "living" in a country for this purpose.
The check by country
Check name
FBI Identity History Summary. This is the federal fingerprint-based check. Often called an "FBI background check" or "FBI check"
Cost
$18 via fbi.gov directly, plus channeler fees of $25 to $50 if you use one
How to apply
Electronically via an FBI-approved channeler is fastest. Direct FBI submission by mail is cheaper but takes longer. Channelers are listed at fbi.gov
Processing time
3 to 5 business days electronically via channeler. Up to 8 weeks by mail directly to the FBI
Apostille by
US Department of State, Washington DC only. Your state's apostille office cannot apostille federal documents. This is the most commonly failed step
Apostille time
Approximately $20. 4 to 8 weeks by mail, or same day via an in-person expediter in Washington DC
Rejected alternatives
State Police background checks, sheriff's office records, local PD letters, private-company checks (Sterling, Checkr, etc). None of these are accepted
Total time
8 to 12 weeks from start to ready-to-submit
Check name
ACRO Police Certificate. Issued by the ACRO Criminal Records Office. Not the same as a DBS check
Cost
£55 standard service, £90 premium (5 business days)
How to apply
Online at acro.police.uk. Identity verified with passport or UK driving licence
Processing time
10 business days standard, 5 business days premium
Apostille by
FCDO Legalisation Office. £30 standard (approximately 10 business days), £75 premium (same or next day)
When required
Stays over 180 days at London and Edinburgh consulates. Manchester is sometimes reported as applying a 135-day threshold, but this has not been independently verified in official Manchester documentation. Check the current BLS Manchester checklist before applying
Rejected alternatives
DBS checks (standard, enhanced, or basic), Subject Access Requests, Disclosure Scotland. None of these are accepted in place of an ACRO
Total time
4 to 6 weeks from start to ready-to-submit
Check name
RCMP Certified Criminal Record Check with fingerprints. Local police checks are not accepted
Cost
CAD $25 for the RCMP check plus CAD $30 to $60 for fingerprinting at an accredited agency
How to apply
Get fingerprints taken at an RCMP-accredited agency, then submit prints to RCMP Ottawa
Processing time
7 to 10 business days from Ottawa once prints are received
Apostille by
Global Affairs Canada. Canada joined the Hague Apostille Convention on 11 January 2024, so embassy legalisation is no longer needed
Apostille time
Typically 2 to 4 weeks by mail
Rejected alternatives
Local police checks, Canadian Police Information Centre (CPIC) name-based checks. Fingerprint-based RCMP only
Total time
6 to 10 weeks from start to ready-to-submit
Check name
AFP National Police Certificate. Must be requested using purpose code 33 (Commonwealth employment / immigration)
Cost
AUD $56 online, AUD $56 by post
How to apply
Online at afp.gov.au. Identity verified with 100 points of ID
Processing time
Approximately 15 business days. Can be faster if no flags arise
Apostille by
DFAT (Department of Foreign Affairs and Trade). Up to 3 business days once lodged
Translation
Must be translated by a NAATI-certified translator rather than a generic translator. Some consulates prefer NAATI over Spain-based sworn translators for Australian documents
Rejected alternatives
State police checks (NSW Police, Victoria Police, etc). Only the federal AFP check is accepted
Total time
6 to 10 weeks from start to ready-to-submit
Check type
The national criminal record certificate issued by your country's police, interior ministry, or justice ministry. Each country has its own name for this document
If your country has signed the Hague Apostille Convention
Apostille through your government's designated apostille authority. Check the current list at
hcch.netIf your country has not signed the Convention
The certificate must be legalised by your Ministry of Foreign Affairs, then legalised again by the Spanish embassy or consulate in your country. This chain takes longer than a simple apostille
Translation
Must be translated into Spanish by a sworn translator (traductor jurado) recognised by the Spanish Ministry of Foreign Affairs
Total time
8 to 12 weeks to be safe
What an apostille is, and why you need one
An apostille is a small government stamp (or attached sheet) that certifies a document's authenticity for international use. It was created by the 1961 Hague Apostille Convention and is accepted by 126 countries, including Spain and all major English-speaking countries.
Without an apostille, your background check is just a piece of paper that the Spanish consulate cannot verify. With the apostille, the Spanish authorities can confirm the certificate is genuine without contacting the issuing body in your country.
Three practical points matter:
The apostille must come from the correct authority in the issuing country, not from Spain. A US federal document requires a US Department of State apostille. A UK document requires an FCDO apostille
The apostille goes on the original certificate, not on a copy or translation. Get the apostille first, then get the apostilled certificate translated
If your country is not party to the Convention, you need consular legalisation instead, which is a two-step process through your MFA and then the Spanish consulate in your country
⚠️
The US state apostille trap.
US applicants sometimes try to apostille their FBI check at their state's Secretary of State office (where they would normally apostille things like birth certificates). FBI checks are federal documents and can only be apostilled by the US Department of State in Washington DC. A state apostille on an FBI check is rejected by Spanish consulates.
Sworn translation
After your certificate is apostilled, it must be translated into Spanish by a traductor jurado, a sworn translator officially authorised by the Spanish Ministry of Foreign Affairs. A regular translator or translation agency is not sufficient. The list of authorised sworn translators is published by the Ministry itself.
Cost: €40 to €80 per page for English to Spanish translation
Turnaround: 3 to 5 business days for a standard certificate
What gets translated: the certificate text plus the apostille itself. Both must appear in the Spanish version
Delivery: the sworn translator returns a signed and stamped Spanish version that you submit alongside the apostilled original
For Australian documents, some consulates prefer a NAATI-certified translator based in Australia rather than a Spain-based sworn translator. Check your specific consulate's guidance.
Working backwards from your appointment
The background check is almost always the longest-lead-time item in a visa application. The critical dependency chain is certificate → apostille → sworn translation, and each step blocks the next. Here's how to plan:
Week 0
Start the background check immediately
The same day you decide to apply for the visa. Do not wait for other documents.
Weeks 1 to 3
Receive the certificate
Timing depends on country: US 3 to 5 days electronically, UK 10 business days, Canada 7 to 10 business days post-fingerprinting, Australia approximately 15 business days.
Weeks 3 to 7
Apostille the certificate
US Department of State: 4 to 8 weeks by mail or same day in-person. UK FCDO: 10 business days standard. Canada Global Affairs: 2 to 4 weeks. Australia DFAT: up to 3 business days.
Weeks 7 to 9
Sworn translation
3 to 5 business days once you send the apostilled certificate to a traductor jurado.
Weeks 9 onwards
Submit at consulate appointment
The certificate must be less than 90 days old at submission. Time your start date so that the certificate is recent but the chain fits within the 90-day window.
⚠️
The 90-day expiry trap.
If you request the certificate too early, it expires before your visa appointment. The 90 days run from the issue date of the certificate, not the apostille date. Start early enough to complete apostille and translation, but late enough that the certificate is still valid on the day you submit.
Picking a school?
Enrol through us at a Cervantes-accredited partner school and we negotiate a €500 discount on your course fees.
Get €500 off → Common rejections
Background check rejections cluster around a handful of predictable mistakes. Knowing these in advance prevents having to re-run a 10-week process.
Wrong type of check. DBS instead of ACRO, state police instead of FBI, local police instead of RCMP, state check instead of AFP
Certificate older than 90 days at submission. The clock starts at the issue date printed on the certificate
Missing apostille. An un-apostilled certificate is not accepted even if the underlying check is correct
Wrong apostille authority. A state apostille on a federal FBI check is the classic US example
Translation by a non-sworn translator. A regular translation agency or bilingual friend is not sufficient. Must be a traductor jurado on the MAEC list
Missing certificates for countries lived in. Only providing the home country certificate when you lived elsewhere during the 5-year window
Translation does not include the apostille. The sworn translation must cover both the certificate text and the apostille itself
If you have lived in multiple countries
If you have lived in more than one country during the past 5 years, you need a separate certificate from each one. The process runs in parallel, not sequential, but each certificate needs its own apostille in its own country, and then its own sworn translation into Spanish.
Common multi-country cases we see:
British expat applying from the US: needs both an ACRO certificate (UK) and an FBI Identity History Summary (US), each apostilled in its own country
American studying in Canada applying for Spain: needs both an FBI check and an RCMP check, even if the US is only home country
Australian who worked in the UK on a working holiday: needs both an AFP check and an ACRO certificate
Dual national currently in Australia but lived in the UK 4 years ago: needs both. The 5-year rule does not care about citizenship, only residency
Courses under 180 days
If your course is under 180 days, you are typically not required to submit a background check under the baseline Article 53.1 rule. A small number of consulates ask for one regardless. If you're applying for a course under 6 months, check your specific consulate's current checklist.
That said, if there is any risk your course is close to the 180-day threshold (say, a 175-day intensive Spanish programme), it's safer to prepare the background check anyway. The cost of getting one you do not need is low; the cost of missing your appointment because the consulate asks for one you didn't bring is high.
If you are under 18
Applicants under 18 are exempt from the background check requirement under Article 53.1, regardless of course length. For under-18 applicants, the notarised parental authorisation and apostilled birth certificate are the main additional documents instead.
Summary
The background check is the visa document that fails most often and takes longest to redo. The key facts: national-level check only (state/local/DBS rejected), apostilled in the country of issue (not in Spain), translated by a sworn translator, issued within 90 days of submission, and covering every country you have lived in for the past 5 years. Start the process the day you decide to apply. Plan 8 to 12 weeks from start to submission-ready and you will not run into timing problems.
Legal basis
Article 53.1, Reglamento de Extranjería (RD 1155/2024): criminal record certificate required for applicants over 18 on stays over 180 days
Hague Apostille Convention of 1961: framework for apostille recognition across 126 signatory countries
Canada acceded to the Hague Apostille Convention on 11 January 2024, superseding the previous embassy legalisation route
Instructions SEM 3/2025: administrative guidance implementing the May 2025 reform
Requirements can vary between consulates. The Manchester 135-day threshold widely reported online has not been confirmed in official Manchester documentation, so UK applicants going through Manchester should check the current BLS Manchester checklist before relying on that specific figure. This is not legal advice.
