What is this requirement?
Any public document issued by a foreign authority must be validated to be legally recognized in Spain. As part of the Digital Nomad Visa application process, documents from outside the EU must be authenticated either through an Apostille (for countries part of the Hague Convention) or via the diplomatic legalisation path.
Why is it needed?
Under Law 28/2022 (the Startup Law), applicants must prove they meet several criteria, including a clean criminal record and professional qualifications. Ensuring these foreign certificates are genuine requires international legalisation.
Which documents satisfy it?
For a digital nomad freelancer, the standard documents requiring legalisation/apostille include:
- Criminal Record Certificate: Documenting a clean record from the countries where you lived during the last 2 years and a declaration for the last 5 years.
- University Degree or Professional Certification: Used to satisfy the requirement of having a degree or at least 3 years of professional experience.
- Marriage or Birth Certificates: If applying with family members.
Sworn Translation
All foreign documents must be accompanied by a sworn translation into Spanish. This translation must be performed by a translator registered with the Spanish Ministry of Foreign Affairs (MAEC).
Common Pitfalls
- Expiry Dates: Criminal record certificates are often valid for only 3 to 6 months. Ensure the Apostille is obtained while the document is still valid.
- Incorrect Translation: Using a standard translator instead of an official Spanish "Traductor Jurado" can lead to immediate rejection.
- Non-Hague Countries: If your country is not a signatory to the Hague Convention, you must follow the more complex multi-step legalisation process via the Ministry and the Spanish Consulate.
- NIE Requirement: Remember that even with legalized documents, you will still need to obtain a NIE (Número de Identidad de Extranjero) for any economic activity.
