Legal Services in Spain for Expats

Questions

Legal help in Spain as a foreigner: common questions

Can you get free legal advice in Spain?

Yes, if your income is low enough and you need a lawyer for a court case or for certain immigration procedures, such as an expulsion. Spain's free legal aid system, asistencia jurídica gratuita, is set out in Law 1/1996 and gives you a lawyer appointed by the bar association (abogado de oficio) at no cost. Foreigners in Spain can apply on the same terms as Spaniards. For a single person, gross income and resources must not exceed twice IPREM, the benchmark index Spain uses for public aid. Families have a higher limit: two and a half times IPREM, or three times for households of four or more.

You apply through the free legal aid service of the bar association (Colegio de Abogados) where the case will be heard, and the Ministry of Justice explains the process on its online office, sedejudicial.justicia.es. Foreigners without enough means also have free legal aid when they face a refusal of entry, a return or an expulsion order, and in asylum cases.

It does not cover visa or residence applications, which you pay for privately. What we offer for free are our calculators: the non-lucrative visa income check takes about a minute, and there are others for the Beckham regime and income tax. A consultation with one of our lawyers is paid.

How much do legal services cost in Spain?

It depends on the procedure and on how complicated your file is. Checking the documents for a simple application costs a fraction of full representation in a case that has already been refused once. We read your situation first, then send you a fee proposal in writing before any work starts. The fee is fixed per procedure, and if the smaller service is enough for you, we say so.

What legal system does Spain use?

Spain has a civil law system, like France, Italy and most of Europe. The rules are written down in codes and statutes, starting with the 1978 Constitution and the Civil Code, rather than built up from court decisions as in the US or England. Some regions, including Catalonia, Aragon, Navarre, the Balearic Islands, Galicia and the Basque Country, keep their own civil law, which matters most for marriage property and inheritance. Immigration law is national, so the same visa and residence rules apply everywhere in Spain.

Can I deal with the whole case in English?

Yes. Every lawyer on our team works in English, and most of our clients come from the US, the UK (where people usually ask for solicitors in Spain), Canada and Australia. We also work in Spanish, French and German.

Can my case be handled online while I am still abroad?

Yes, most of our work is online. Many documents, such as the NIE, can be requested with a power of attorney. When you apply for a visa from abroad, the application goes to the Spanish consulate that covers where you live: we prepare the file with you and you attend the appointment.

Lawyer or gestor: who should handle my paperwork in Spain?

A gestor prepares and files paperwork, and for a simple procedure that can be enough. A lawyer is registered with a bar association and can also challenge a refusal, with an appeal to the administration or directly in court. When a visa or a residence permit depends on it, or when a case has been refused before, it is worth having a Spain immigration lawyer on the file from the start.