Apostille or legalisation: which applies to you
It depends on a single fact: whether the country that issued the document is a party to the 1961 Hague Convention.
It is a party. Then the apostille is enough, a single stamp placed by the competent authority of the country of origin that certifies the authenticity of the signature on the document. With it, the document has full legal effect in Spain with no further authentication steps.
It is not a party. Then diplomatic legalisation applies, which is a chain: authority of the country of origin, that country's foreign ministry and, finally, the Spanish consulate there. It is slower and more expensive, and it must be started from the country of origin.
In the other direction, for Spanish documents to be used abroad, the apostille in Spain is the responsibility of the Ministry of the Presidency, Justice and Parliamentary Relations, and since 2011 Spanish apostilles are issued in electronic format, verifiable in the electronic register of apostilles through their code.
Sworn translation: what makes it official
A sworn translation is not a good translation, it is a translation signed and stamped by a sworn translator and interpreter appointed by the Ministry of Foreign Affairs. That appointment is what gives it value before the Spanish administration, courts and registries.
An agency translation without that appointment is not valid, nor is one by the person concerned, nor a translation done in the country of origin unless by a translator recognised by the Spanish consulate. It is the most expensive mistake we see, because it means redoing the work and waiting again.
The right order, which saves money
The rule is simple and almost nobody follows it: apostille first, translate afterwards.
The reason is that the apostille is itself part of the document and must also be translated. If you translate first and apostille afterwards, the sworn translation does not cover the apostille and a second translation of the stamp has to be ordered. Two invoices for a single document.
A second detail: many documents have a practical expiry. Criminal record and birth certificates are usually accepted only up to a maximum age, so it is not wise to apostille well in advance a document that will be filed months later.
What it is usually requested for
- Spanish citizenship: birth certificate and criminal record certificate from the country of origin, apostilled and translated. It is the most frequent use.
- Arraigo and other immigration files: criminal records from the countries of residence over the last five years.
- Family reunification: marriage and birth certificates and, where applicable, custody rulings.
- Academic qualifications for recognition or validation.
- Powers granted abroad, which must also meet formal requirements to take effect here: see powers of attorney.
Shall we handle it for you?
Registered gestora administrativa, ICGA Valencia. Fixed quote before we start and a free first consultation.
Frequently asked questions
What do I do first, apostille or translate?
Apostille. The apostille is part of the document and must also be translated: if you translate first, you will have to order a second translation of the stamp alone.
Is a translation done in my country valid?
Only if it is signed by a translator recognised by the Spanish consulate or by a sworn translator appointed by Spain's Ministry of Foreign Affairs. An agency translation without that appointment has no official validity here.
My country is not in the Hague Convention, what do I do?
Diplomatic legalisation: the chain of local authority, the country's foreign ministry and the Spanish consulate. It is slower and must be started in the country of origin.
Are Spanish apostilles on paper?
Since 2011 they are issued in electronic format and their validity can be checked in the electronic register of apostilles with the verification code.
Do apostilled documents expire?
The apostille itself does not expire, but many documents have a maximum accepted age, such as criminal record certificates. It is best not to apostille too far in advance.
Legal basis
- 1961 Hague Convention abolishing the requirement of legalisation for foreign public documents
- Royal Decree 1497/2011 designating the authorities competent to issue the apostille in Spain
- Law 39/2015 on Common Administrative Procedure, art. 14 on electronic dealings with the administration
- Royal Decree 203/2021, Regulation on public sector action by electronic means
Official sources
- Ministry of the Presidency, Justice and Parliamentary Relations: single legalisation or Hague apostille
- Ministry electronic office: electronic apostille
- Ministry of Foreign Affairs: legalisation and apostille
- Ministry of Foreign Affairs, European Union and Cooperation
Written by Irina Klein. Reviewed by Elena Alonso Volostnova, registered gestora administrativa (ICGA Valencia). Updated on 5 October 2026. This page is general information and does not replace personalised advice on your case.