One of the most important requirements within the process of extraordinaria regularization of foreigners foreseen in Spain for 2026 is the accreditation of the absence of criminal antecedents.
Although many people believe that it is enough to present the Spanish criminal certificate, the Spanish foreign law legislation requires even more: to demonstrate that the solicitor does not have criminal antecedents in all the countries where he previously resided.
This has a very relevant practical consequence for thousands of solicitors who have experienced it in other European states, especially in Italy.
This is why the criminal antecedents certificate is required
The control of criminal antecedents forms part of the general requirements of the Derecho de extranjería español and responds to reasons of public order and legal security.
In accordance with the applicable legislation regarding residence authorizations, the Administration must verify that the solicitor:
- no criminal convictions in Spain, y
- It also has antecedents in the countries where it has resided during the last few years.
This requirement is not specific solely to extraordinary regularization, as long as it exists in procedures such as social planning, residence under exceptional circumstances or determined initial authorizations of residence.
Therefore, it is foreseeable that during the regularization process the analysis of antecedents will hold a central role in the evaluation of the solicitudes.
Here you must present foreign criminal certificates
You must bring extraneous criminal certificates to those persons who:
- they have previously resided outside of Spain, y
- You may be considered residents of another country before your arrival or during relevant periods of your recent life.
In practice, this especially affects people:
- they worked hard in Italy before moving to Spain;
- have held Italian residence permits;
- They have remained in Italian territory for long periods, including without formal residence.
The Spanish Administration can request the accreditation of antecedents of the country of previous residence to verify the non-existence of criminal convictions.
The specific case of Italy: which certificate must be presented
Persons who have lived in Italy must present criminal documentation expedited by Italian authorities. Usually, the required certificates are:
- the Criminal Record Certificate, which accredits definitive criminal convictions;
- y, en determinados casos, el Certificate of Pending Charges, which informs about ongoing criminal proceedings.
These documents are issued by the Italian Ministry of Justice and must fulfill certain requirements to be valid in Spain, among them:
- estar actualizados;
- be properly legalized or apostilled when necessary;
- and, in this case, accompanied by official translation into Spanish.
A frequent error is submitting certificates that are incomplete or not adapted to Spanish administrative requirements, which can result in additional requests or delays in the process.
Frequent problems in practice
In the practical experience of extraneous procedures, the most usual inconveniences related to criminal antecedents are:
- solicit only the Spanish certificate and ignore the foreigner;
- present certified Italian caducados;
- errors in legal translation;
- difficulties in obtaining the certificate from abroad;
- There are antecedents cancelable that have not been previously canceled in Italy.
This last aspect is especially important: in many cases the antecedents can be canceled according to the Italian law, but even if they appear in the criminal register they can generate incidents in the expediente of foreign law in Spain.
It is important to prepare this requirement well in advance
Since the extraordinary regularization will predictably lead to a limited time of presentation, preparing the criminal documentation in advance can be decisive.
Obtaining certificates in Italy from outsiders can require specific administrative management, powers of representation or solicitations before specific judicial offices, which can prolong time if the process is not started with sufficient anticipation.
Legal assistance for obtaining the Italian criminal certificate
For people living in Italy, it is fundamental to ensure that the criminal documentation is presented in full with the requirements set by the Spanish Administration.
The despacho Asmahi Law Firm provides specific legal assistance in:
- solicitation of Italian criminal certificates from Spain;
- verification of antecedents and possible cancellations compliant with the Italian Regulation;
- obtención correcta del casellario giudiziale y carica pendenti;
- coordination of official translations and valid documentation for extraneous procedures.
Correct documentary preparation from the beginning allows you to avoid administrative requirements and significantly reduce the time required for the procedure.
Conclusion
The criminal record certificate will be one of the key elements in the extraordinary regularization process in Spain.
Those who are vivid in Italy must pay special attention to this requirement, since the Spanish Administration will evaluate the criminal situation not only in Spain, but also in the countries of previous residence.
Correctly preparing this documentation with advance notice can mark the difference between a smooth solicitation and a prolonged or problematic proceeding.
