Applying for Spain’s Digital Nomad Visa? Learn why criminal record certificates are generally required for only the last 2 years, plus a 5-year declaration.

Many applicants read that they must have no criminal record during the previous five years and immediately assume that they need to obtain an official criminal record certificate from every country where they have lived during that entire five-year period.

Fortunately, for applications under Spain’s Law 14/2013, including the residence authorization for international remote workers commonly known as the Digital Nomad Visa, the documentary requirement is more specific.

In practical terms, applicants generally need to provide official criminal record certificates from the countries where they have lived during the two years immediately preceding the application, together with a responsible declaration confirming that they have no criminal record during the previous five years.

This distinction is extremely important.

It means that referring to a five-year criminal record requirement does not necessarily mean obtaining official criminal record certificates covering five full years.

For applicants who have lived in several countries, understanding this rule can save a considerable amount of time, money and unnecessary paperwork.

In this guide, the immigration lawyers at Visal Immigration Lawyers explain how the rule works in 2026, which certificates may be required, how the five-year declaration works, and which common mistakes applicants should avoid.

If you would like us to review exactly which criminal record certificates apply to your case, schedule your consultation here.

The 2-year and 5-year rule: what does Spanish law actually require?

The starting point is Article 62.3.c of Law 14/2013 on support for entrepreneurs and their internationalisation.

This provision establishes the general criminal record requirement applicable to several residence permits governed by Law 14/2013, including international remote workers.

The law essentially establishes two separate elements.

First, the applicant must have no criminal record in Spain or in the countries where they have resided during the previous two years, for offences that would also constitute crimes under Spanish law.

Second, the applicant must provide a responsible declaration confirming the absence of criminal records during the previous five years.

The specific administrative instructions applicable to international remote workers follow the same approach.

This distinction is crucial because it separates two concepts that applicants frequently confuse:

The period during which you must declare that you have no criminal record is five years.

The period for which official criminal record certificates are generally required is the previous two years.

These are not the same thing.

Do I need criminal record certificates covering the last five years?

In general, no.

For the Digital Nomad Visa under Law 14/2013, applicants are not normally required to obtain official criminal record certificates from every country in which they have lived at any point during the previous five years.

Instead, the main question is:

Where have you lived during the two years immediately before submitting the application?

Those countries are generally the ones from which official criminal record certificates must be obtained.

The remaining period up to five years is covered through the responsible declaration.

Imagine that you submit your application in October 2026.

Suppose that your residence history has been the following:

You lived in Canada between 2021 and 2023.

You then moved to Germany and lived there until December 2024.

Since January 2025, you have lived in the United States.

In that situation, the key criminal record certificate would generally be the one corresponding to the United States, assuming that it is the only country of residence falling within the two years immediately preceding the application.

Your earlier residence in Canada and Germany remains relevant when signing the five-year responsible declaration, but it does not automatically mean that official criminal record certificates from both countries must also be obtained.

That distinction can make a major practical difference.

If you have moved between several countries recently, schedule your consultation here and our immigration lawyers can review your exact residence history before you spend time requesting unnecessary certificates.

A practical example: you have lived in three countries during the last five years

This is a very common situation among international professionals.

Imagine a US citizen who wants to move to Barcelona as an international remote worker.

During the previous five years, she has lived for two years in the United States, one year in Mexico and the last two years in the United Kingdom.

At first sight, she may assume that she needs:

a US criminal record certificate;

a Mexican criminal record certificate;

a UK criminal record certificate;

several apostilles or legalisation procedures;

and potentially several official translations.

However, that is not necessarily how the requirement should be analysed.

For an application under Law 14/2013, the first question should be:

In which countries has the applicant actually resided during the two years immediately preceding the application?

If she has lived exclusively in the United Kingdom during those two years, then the UK would normally be the relevant country for the official criminal record certificate.

The rest of the five-year period would be addressed through the responsible declaration.

If, on the other hand, she had spent ten months in the United Kingdom and the following fourteen months in Portugal, then both countries would need to be considered.

This is why preparing a precise residence timeline before requesting criminal record documents is extremely useful.

The 5-year responsible declaration: an important part of the application

The responsible declaration regarding criminal records is a relatively simple document, but legally it is important.

Through this declaration, the applicant confirms under their own responsibility that they have no criminal record during the previous five years.

It is not the same as an official criminal record certificate.

An official certificate is issued by the competent public authority of a particular country.

The responsible declaration, by contrast, is signed by the applicant.

The Spanish system combines both documents:

official criminal record certificates covering the relevant countries of residence during the previous two years, together with a responsible declaration covering the previous five years.

This is not a loophole.

It is not an unofficial workaround.

And it is not a mechanism invented by immigration lawyers to avoid obtaining certain documents.

It is the documentary system expressly provided for under the legislation applicable to these residence permits.

That is why we prefer to describe it as a legal simplification of the documentary burden, rather than as a “trick”.

The responsible declaration must, however, be used correctly.

It cannot be used to conceal existing criminal records, nor can it replace a certificate that should legally be submitted for a country where the applicant has lived during the relevant two-year period.

If you would like assistance preparing this declaration correctly as part of your application, schedule your consultation here.

Five years without criminal records does not mean five years of certificates

This is probably the most important point in the entire article.

Applicants often hear phrases such as:

“For the Spanish Digital Nomad Visa, they only check the last two years.”

That statement is too simplistic.

Spain does require the applicant to satisfy a criminal record condition extending beyond two years.

The difference lies in how that requirement is documented.

For the previous two years, official criminal record certificates from the relevant countries of residence are generally required.

For the broader five-year period, the applicant also provides a responsible declaration.

Therefore, years three, four and five are not irrelevant.

The advantage is that applicants do not generally need to go through the process of obtaining, apostilling or legalising and translating certificates from countries where they lived several years ago, provided those countries do not fall within the relevant two-year period.

For people with an international lifestyle, this can substantially simplify an application.

Why is there so much confusion about the five-year requirement?

One of the main reasons is that not every Spanish immigration procedure follows the same rules.

Spain has different immigration regimes and different residence permits.

The documentary requirements applicable to one residence permit cannot automatically be applied to another.

A student, an employed worker, a self-employed professional, an applicant for arraigo, a highly qualified professional and an international remote worker may all face different requirements.

The Digital Nomad Visa is governed by the specific mobility regime contained in Law 14/2013.

Applications for residence as an international remote worker filed from Spain are processed under the system managed by the Unidad de Grandes Empresas y Colectivos Estratégicos, commonly known as the UGE.

That legal framework has its own requirements.

A frequent mistake made by applicants researching online is to find information relating to a different Spanish residence permit and assume that it also applies to the Digital Nomad Visa.

It may not.

This is why it is always important to check the legal basis of the specific residence authorization being requested.

What if you have lived in several countries during the last two years?

In that case, you may need more than one criminal record certificate.

For example, suppose that during the previous twenty-four months you have lived:

eight months in Australia;

six months in Singapore;

and ten months in the United Arab Emirates.

The relevant question is not simply your nationality or your current place of residence.

The law looks at the countries where you have actually resided during the previous two years.

Your residence history therefore needs to be examined carefully.

This also means that a criminal record certificate from your country of citizenship is not necessarily the key document.

For example, an Argentinian national who has lived continuously in the United Kingdom for the last four years should not automatically assume that Argentina is the main country from which a certificate is required merely because it is their country of nationality.

Residence is what matters.

This is especially important for expatriates, remote workers, consultants, professionals employed by international companies and applicants who regularly move between jurisdictions.

If this describes your situation, schedule your consultation here so that we can determine exactly which criminal record certificates apply before you start ordering documents.

Apostille, legalisation and translation of the criminal record certificate

Obtaining the correct certificate is only the first step.

A foreign public document must also be presented in a form that Spanish authorities can accept.

Depending on the country issuing the certificate, this may require a Hague Apostille or another legalisation procedure.

Countries that are members of the Hague Apostille Convention generally use the apostille system.

For countries where the Hague Apostille does not apply, a different legalisation process may be necessary, unless an applicable international agreement provides an exemption.

Applicants should not assume that simply obtaining a criminal record certificate is sufficient.

They also need to check whether it requires apostille or legalisation and whether an official Spanish translation is required.

The translation requirement is also important.

A normal private translation may not necessarily be appropriate for a Spanish immigration procedure.

Depending on the document and its country of origin, an official or sworn translation may be necessary.

At Visal Immigration Lawyers, we normally recommend checking these formalities before ordering the certificate itself.

Correcting the wrong document later can delay an otherwise well-prepared application.

The date of the criminal record certificate also matters

Even if the certificate comes from the correct country, its issue date is important.

Applicants should avoid obtaining criminal record certificates many months before they expect to submit the residence application without first checking the likely filing date.

A Digital Nomad Visa application includes several different types of evidence, such as corporate documents, professional or employment evidence, Social Security documentation, proof of financial resources, qualifications or professional experience and, where applicable, family documentation.

These documents do not necessarily have the same validity periods.

An efficient application is therefore not simply about collecting everything as early as possible.

It is about creating a documentary strategy so that the required evidence remains suitable at the moment the application is filed.

If you are planning to submit your Digital Nomad Visa application in the coming months, schedule your consultation here and we can help you organise the documentation in the correct order.

What if you already hold a residence or stay permit in Spain?

This is another important point.

The specific administrative instructions applicable to international remote workers include an exception relating to applicants who already hold a residence or stay authorization in Spain exceeding six months.

Depending on the circumstances, this may affect whether the foreign criminal record documentation must be provided again.

However, applicants should not assume that the exception applies automatically.

The type of previous authorization, its duration and the documentation previously submitted should be reviewed carefully.

A small difference in an applicant’s immigration history can change the documents required for the new application.

This is particularly relevant for students, researchers, family members or other foreign nationals who are already legally residing in Spain and later decide to apply under the international teleworker regime.

Do family members need their own criminal record documents?

Adult family members applying together with the main Digital Nomad Visa applicant may also be subject to the relevant criminal record requirements.

This means that the main applicant’s documents are not necessarily enough for the entire family.

Each adult applicant has their own residence history.

For example, the main applicant may have lived in the United Kingdom during the previous two years, while their spouse may have spent part of that period living in another country.

In that situation, the documents required from each person may be different.

When preparing a family application, it is therefore advisable to create a separate residence timeline for every adult applicant.

Doing this at the beginning of the process avoids last-minute surprises when the application is almost ready to file.

If you are applying with your spouse, partner or other family members, schedule your consultation here and we can review the documentation required for each applicant separately.

Criminal records are only one part of the Digital Nomad Visa application

Although criminal record certificates are important, they are only one component of the application.

The Spanish residence authorization for international remote workers is intended for third-country nationals who work remotely for companies or clients located outside Spain using computer and telecommunications systems.

Applicants also need to meet requirements relating to the foreign company, the employment or professional relationship, professional qualifications or experience, financial means and Social Security coverage.

The foreign company must generally demonstrate that it has been carrying out real and continuous business activity for at least one year.

The applicant must normally also demonstrate an employment or professional relationship existing for at least the three months preceding the application.

For self-employed applicants or freelancers, particular attention must be paid to the nature of the professional relationship, the structure of the activity and the corresponding Social Security obligations.

A strong Digital Nomad Visa application is therefore not simply a collection of documents.

It should present a coherent legal and factual picture showing that all statutory requirements are met.

You can find further information about the Spanish Digital Nomad Visa at www.visalimmigration.com.

Common criminal record mistakes in Digital Nomad Visa applications

Many difficulties can be avoided before the application is submitted.

One common mistake is requesting criminal record certificates covering all five years simply because the applicant has seen the five-year period mentioned online.

Another is obtaining only a certificate from the applicant’s country of nationality despite having lived in other countries during the previous two years.

We also regularly see applicants obtaining a certificate without the required apostille or legalisation, presenting an unsuitable translation, obtaining the document too early or providing residence dates that do not match the information appearing elsewhere in the application.

There is also another mistake worth highlighting: treating the responsible declaration as if it were an insignificant formality.

It is not.

The declaration must accurately reflect the applicant’s circumstances.

The objective is not to provide as many documents as possible.

The objective is to provide the correct documents, covering the correct periods, in the correct legal form.

If you want to reduce the risk of unnecessary documentation or a subsequent request for additional evidence from the UGE, schedule your consultation here.

Frequently Asked Questions About Criminal Records for Spain’s Digital Nomad Visa

Do I need criminal record certificates from every country where I have lived during the last five years?

Not necessarily. Under the Law 14/2013 regime, official certificates are generally required from the countries where you have resided during the two years immediately preceding the application. In addition, you must provide a responsible declaration confirming that you have no criminal record during the previous five years.

What happens if I have lived in three countries during the last two years?

You may need criminal record certificates from more than one country. The requirement focuses on your countries of residence during the previous two years, not only on your nationality or current residence. It is advisable to prepare an exact chronological residence history before requesting any certificates.

Does the responsible declaration replace the criminal record certificate?

No. The responsible declaration complements the official criminal record certificates. It does not replace a certificate that is required from a country where you resided during the relevant two-year period. Its purpose is to cover the broader five-year criminal record declaration required under the applicable legislation.

Does my criminal record certificate need to be apostilled?

In many cases, yes. Foreign public documents normally need to comply with the formalities required for use in Spain. Depending on the issuing country, this may involve a Hague Apostille or another legalisation procedure. A Spanish translation may also be required.

Do I need criminal record certificates if I already live legally in Spain?

There may be an exception where the applicant already holds a residence or stay authorization in Spain exceeding six months. However, the specific circumstances should be reviewed before relying on this exception, including the type and duration of the applicant’s current or previous Spanish immigration authorization.

The key rule: 2 years of certificates, 5 years of declaration

The criminal record requirement for the Spanish Digital Nomad Visa becomes much easier to understand once we distinguish between the period that must be covered and the documents used to prove it.

The essential rule can be summarised as follows:

Official criminal record certificates: normally from the countries where you have lived during the previous two years.

Responsible declaration: confirming the absence of criminal records during the previous five years.

For internationally mobile professionals, this distinction can significantly reduce the administrative burden of the application.

A person who has lived in four countries during the previous five years does not necessarily need four separate criminal record certificates.

What matters is identifying which countries fall within the two-year period immediately preceding the application and preparing the five-year declaration correctly.

That is why the first step should normally be to reconstruct your residence history before requesting documents.

Do you need personalised legal advice?

At Visal Immigration Lawyers, we are immigration lawyers specialising in Spanish immigration law and international mobility.

We assist remote workers, freelancers, company employees and international professionals with applications for the Spanish Digital Nomad Visa and international teleworker residence authorization.

We can review your residence history, determine which criminal record certificates you actually need, prepare the responsible declaration and assess the rest of your application before it is submitted to the Spanish authorities.

Schedule your consultation here and one of our immigration lawyers can review your case personally.

You can also contact our team by WhatsApp messages only at +34 618 702 253, or visit www.visalimmigration.com for further information.

Preparing the correct documents from the beginning can avoid unnecessary administrative procedures and significantly reduce the possibility of receiving a request for additional documentation.

Visal Immigration Lawyers — Immigration Lawyers in Spain.