Applying for a residence permit in Spain, or renewing a residence and work permit, can be a stressful moment for many immigrants. And if a criminal record is involved, the level of concern increases even more. But how much can a criminal procedure or even an arrest really affect your immigration process? The answer is neither straightforward nor as negative as many people believe.
Arrest vs. Criminal Record: Key Difference
It is essential to clarify: being arrested does not automatically mean you have a criminal record in Spain. As long as there is no final court conviction, the principle of presumption of innocence applies. Therefore, the authorities cannot deny your residence application or renewal solely on the basis of an arrest or an ongoing investigation.
A criminal record, however, carries legal consequences, as it results from a court conviction and is registered in the Central Register of Convicts. This can become an obstacle both to obtaining and to renewing your residence permit – although not always.
What Do Spanish Courts Say About Criminal Records?
The Spanish Immigration Law requires that foreigners must not have a criminal record. However, Spanish courts have made it clear that this rule cannot be applied automatically. Each case must be assessed based on proportionality.
The Supreme Court has emphasized that the immigration authorities must take into account the seriousness of the offense, the penalty imposed, the time elapsed, and the person’s conduct after serving the sentence. A minor theft committed years ago is not the same as a recent domestic violence offense or repeated drug trafficking.
When a Criminal Record Does Not Block Your Residence Permit
In practice, there are many cases where a criminal record does not block the renewal of a residence permit in Spain:
- Minor or isolated offenses.
- Sentences that have already been served and are eligible for cancellation.
- Strong professional and social ties (arraigo social/laboral).
- Cases involving minor children in Spain, where the child’s best interest takes priority.
When a Criminal Record Becomes an Obstacle
Difficulties usually arise in cases of serious or very serious crimes, repeated offenses, or when the authorities consider the foreigner a clear threat to public order and security. In such circumstances, not only is residence renewal at risk, but expulsion proceedings from Spain may also be initiated.
Strategies to Defend Your Immigration Rights in Spain
If you have a criminal record in Spain and wish to apply for or renew your residence permit, consider the following professional recommendations:
Apply for cancellation of your criminal record as soon as possible.
Provide strong evidence of social and professional integration.
Appeal denials that are based on minor facts or arrests without a conviction.
Conclusion: Preparation, Integration, and Patience
Having a criminal record does not automatically mean losing your residence permit in Spain. The law requires that each case be evaluated in its specific context. In fact, many immigrants manage to successfully renew their permits despite past judicial problems.
The key lies in thoroughly preparing your application, proving your integration, and having a strong legal defense. Keep in mind, however, that appeals can be very slow and require patience.
At XLegalZ Extranjería, we can guide you through the entire process and defend your rights so that you do not lose your residence in Spain.
Contact our immigration lawyers in Spain today and take the first step with confidence!
Xavier Vinyals i Quirant, Immigration and Labor Lawyer in Spain
