- An apostille is placed on public documents passing between countries party to the Hague Convention of 5 October 1961; it replaces consular legalisation [1][3].
- Public documents under the Convention are those issued by an authority or a court, administrative documents, notarial acts and official certificates placed on private documents, such as a certification of a signature [3].
- The Convention does not apply to documents executed by diplomats and consuls or to administrative documents dealing with commercial or customs operations. Consular documents are legalised separately [1][3].
- Russia, Belarus, Ukraine and Kazakhstan are on the list of parties to the Convention kept by the Spanish Ministry of Justice, dated 11.09.2026 [2].
- An apostille confirms the signature, the capacity of the signatory and the seal, but not the content, and it does not replace a translation [3].
What is an apostille and how does it differ from legalisation?
An apostille is a stamp under the 1961 Hague Convention. It is the only formality that may be required to certify the authenticity of the signature, the capacity of the person who signed and the seal on a document. It is issued by the competent authority of the country where the document was issued [3]. The Convention exempts the documents it applies to from diplomatic legalisation [3].
Diplomatic legalisation works differently: the authenticity of the signature and seal is certified first by the foreign ministry of the issuing country, then by the Spanish mission whose consular district covers the place of issue [1]. The general rule stated by the Spanish foreign ministry is that public documents from one country that are to take effect in another must be legalised. The exceptions come from the Hague Apostille Convention and several other international instruments [1]. The apostille itself says nothing about the content of the document and does not verify it [3].
Three questions that decide whether you need an apostille
The answer depends on three things: the type of document, the issuing country and the purpose.
- Is it a public document? Under the Convention, public documents are documents of an authority or a court, administrative documents, notarial acts and official certificates on private documents (registration, confirmation of a date, certification of a signature) [3].
- Is the issuing country a party to the Convention? The list of states is kept by the Spanish Ministry of Justice; as of 11.09.2026 it includes Russia, Belarus, Ukraine and Kazakhstan [2]. If the country is not on the list, legalisation is required [1].
- Is there an exception? Some documents are exempt from the apostille and from legalisation under EU Regulation 2016/1191 and under conventions (Athens 1977, Vienna 1976, London 1968) [1].
For immigration procedures, the UGE requires public documents issued by a foreign authority to be legalised or apostilled [5]. Requirements depend on the procedure and the receiving authority, so check them before getting the documents done.
Which documents are usually apostilled?
An apostille is needed for public acts, not for any piece of paper. The table covers typical situations. It illustrates the logic and is not a list of requirements for your procedure.
| Document | Public under the Convention? | What you need |
|---|---|---|
| Criminal record certificate from a state authority | Yes, a document of an authority | Apostille from the issuing country, if it is a party to the Convention [1][3] |
| Marriage or birth certificate | Yes, a civil status record | Apostille, unless there is an exception; if an international rule exempts it, it is not needed [1] |
| Notarised power of representation or copy | Yes, a notarial document | Apostille from the competent authority of the issuing country [3] |
| Employer’s letter, contract with a company | No, a private document | First an official certification of the signature, for example by a notary, then an apostille on that certification [3] |
| Consular certificate (for example, of citizenship or place of residence) | No, consular documents are excluded from the Convention | Legalisation at the Servicio de Legalizaciones of the Spanish foreign ministry [1][3] |
What doesn't an apostille solve?
An apostille does not replace a translation and does not verify the content. It only confirms where the document comes from: the signature, the capacity of the signatory and the seal [3]. A document in Russian still needs a Spanish translation for a Spanish authority. If the translation is ordered after the apostille, it must cover the stamp as well. The procedure and costs are described in the articles on sworn translation and what makes up the price of a translation.
An apostille does not extend the validity of a certificate: in an immigration case, how recent the document itself is may matter, and that is determined by the type of certificate and the procedure. More in the article on apostille and legalisation.
What depends on your case?
Whether there is an exception. The Spanish foreign ministry mentions a 1984 exchange of notes with the USSR that exempts certificaciones del Registro Civil of Spain and Russia from legalisation [1]. Whether it applies to your document and whether your authority will accept it without an apostille is for a lawyer or gestor to determine: we have no general answer. If the issuing country joined the Convention recently, check the HCCH status table for objections by other states to its accession [4].
The documents service page helps put together the documents for your procedure; the set for the DNV is described in the DNV route card. What an apostille is in general terms is covered in the article what an apostille is.
Frequently asked questions
Do you need an apostille on a criminal record certificate for Spain?
Do you need an apostille on a translation of a document?
What if the issuing country is not on the Convention list?
Do you need an apostille on an employer’s letter or a contract?
Do you need an apostille on documents from the EU?
Official sources
- Ministerio de Asuntos Exteriores · Legalización y apostilla (rules, exceptions) ↗
- Ministerio de Justicia · Estados firmantes del Convenio de La Haya de 5 de octubre de 1961 (list dated 11.09.2026) ↗
- HCCH · Convenio de La Haya de 5 de octubre de 1961 (text, Art. 1-6) ↗
- HCCH · Tabla de estado del Convenio Apostilla ↗
- Ministerio de Inclusión · UGE: documents for an initial application (translation, legalisation and apostille) ↗
Sources reviewed on 02.10.2026. Consolidated texts and government reference pages are for information only: applying the law depends on official publications, amendments and the specific circumstances. Reviewed by lawyer Francisco Romero Jiménez (ICAB 33641) on 21.10.2026.
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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.