# Do we need criminal background checks for residency?



## kimuyen (Aug 8, 2013)

I did not see criminal background check mentioned as part of residency paperwork/requirement. I hope I did not misread it. I stumbled on some other forums and people mentioned criminal background check as part of getting their visas (not sure what kind of visas).

The three of us are American citizens but my husband also holds Irish passport so he will be treated as an EU person; our son and I will be his dependents when we apply for residency.

Could someone with knowledge please shed some light on this for me? Does it mean that my husband does not need criminal background check because he has EU status and I do because I am not an EU person?

Many thanks!


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## 213979 (Apr 11, 2013)

I would contact the embassy abojut just who needs the background checks. I know all Americans have needed to hand in FBI checks in the last couple of years. They ask for them when you apply for your visa.


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## Aron (Apr 30, 2013)

kimuyen said:


> I did not see criminal background check mentioned as part of residency paperwork/requirement. I hope I did not misread it. I stumbled on some other forums and people mentioned criminal background check as part of getting their visas (not sure what kind of visas).
> 
> The three of us are American citizens but my husband also holds Irish passport so he will be treated as an EU person; our son and I will be his dependents when we apply for residency.
> 
> ...


You need to enquire with American immigration to see if they can ascertain your position on that.


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## elisa31bcn (Jan 23, 2013)

It doesn't involve American immigration for residency in Spain. As you are applying as dependents of an EU citizen living in Spain, you do not need a criminal backround check.
If you were applying for example as an American with a work visa, you would be required to have one.


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## Aron (Apr 30, 2013)

elisa31bcn said:


> It doesn't involve American immigration for residency in Spain. As you are applying as dependents of an EU citizen living in Spain, you do not need a criminal backround check.
> If you were applying for example as an American with a work visa, you would be required to have one.


I mentioned American immigration as a point of information, though they should ask the Spanish consulate.
The only problem I would worry about is, they are all American residents. The husband has an Irish passport which would be no problem for him. However, he is not a resident in Ireland and that may mean his dependants may need paperwork for entry into Spain. It would be prudent to ask if that was the case. A simple phone call may suffice. I will admit I do not know or understand immigration laws which can be complex.


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## elisa31bcn (Jan 23, 2013)

If the husband has an EU passport, it makes no difference that they are coming from the States. The wife is still the dependent of an EU citizen.Unfortunately the Americans don't know about Spanish residency requirements. The people to ask are in Spain at Extranjeria.


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## Aron (Apr 30, 2013)

elisa31bcn said:


> If the husband has an EU passport, it makes no difference that they are coming from the States. The wife is still the dependent of an EU citizen.Unfortunately the Americans don't know about Spanish residency requirements. The people to ask are in Spain at Extranjeria.


I wasn't suggesting you were wrong, I. Just said for them to get advice via a phone call. I read this from the EU site on immigration.


If you are an EU national but you have family members who are not, they can accompany or join you in another EU country.

Your non-EU family members must carry a valid passport at all times and, depending on the country they are from, may also have to show an entry visa at the border.

To avoid problems, contact the consulate or embassy of the country you are travelling to well in advance to find out which documents your non-EU family member will be asked to present at the border.


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## kimuyen (Aug 8, 2013)

Unlike UK Embassy, American Embassy is not a rich source on matters related to relocation to Spain. I did send an email to the Spanish Embassy in Washington DC (closest one to us). I hope to get an answer. The last time I called, they just took my number down and did not provide any useful information. I did get some replies regarding obtaining an NIE through the Consulate office. Let's hope they will respond to my email this time. If I learn of anything helpful I will share.

We may just was well get the background checks from the FBI to have our butts covered.


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## elisa31bcn (Jan 23, 2013)

That doesn't surprise me, the lack of a coherent answer from the American consulate. Maybe you'll have better luck with the Spanish. But there will be no problem entering the country, as has been suggested, because as an American you do not need an entry visa. The need for a criminal records check would only come up later when you apply for residency. 
The only Americans I know here who have had to send for it are those who have applied through a work contract.
Ironically, I am going through the process of getting my own criminal records check, but that is because I'm applying for naturalization. I got married and got residency without it.


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## kimuyen (Aug 8, 2013)

So, the Spanish Consulate in Washington DC responded to my email with this:

_"You need to go to Spain and once there go to a “Oficina de Extranjería” with your husband and your son to apply for your residency cards. You may find information on what you need at www.mir.es"_

No new information here. It may be easier just to get a criminal background check just in case. For those in the US, here is the link to the FBI site: FBI â€” Submitting a Criminal History Summary to the FBI


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## kimuyen (Aug 8, 2013)

elisa31bcn said:


> Ironically, I am going through the process of getting my own criminal records check, but that is because I'm applying for naturalization. I got married and got residency without it.


Congrats on your naturalization process! I don't recall people I know including my Canadian husband who applied for American citizenship had to get criminal records checks. I think it should also be done here in the States.


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