Who qualifies
The law names foreigners expressly. Article 2 of Ley 1/1996, de 10 de enero, de asistencia jurídica gratuita (the Free Legal Aid Act), grants the right to «los extranjeros que se encuentren en España, cuando acrediten insuficiencia de recursos para litigar» (foreigners in Spain who prove they lack the means to litigate). Article 22.1 of Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (the Aliens Act) confirms it: aid is granted on the same terms as for Spanish citizens. These rules do not require any particular type of permit. What matters is that the person is in Spain.
Income limit
The test is the gross annual income of the whole household from all sources, and the person must also have no sufficient assets (Ley 1/1996, art. 3.1). The limit is tied to the IPREM (indicador público de renta de efectos múltiples, the public multiple-effect income indicator), as set by the state when you apply.
| Who applies | Income limit |
|---|---|
| Person outside a family unit | Two times IPREM per year |
| Family unit of fewer than four people | Two and a half times IPREM per year |
| Family of four or more, or a large family | Three times IPREM per year |
The family unit is defined by the personal income tax law, and de facto couples are treated like spouses (art. 3.2). If family members have opposing interests in the dispute, their incomes are assessed separately (art. 3.3). In exceptional cases the commission may recognise the right with income up to five times IPREM, taking into account dependent children, the cost of the proceedings, health or disability (art. 5).
What the aid covers
Under article 6 of Ley 1/1996, aid may include free advice before proceedings, defence and representation by a lawyer and a procurador (court representative) where these are mandatory, exemption from court fees and deposits for appeals, and free expert evidence. In the application you state which types of aid you ask for (art. 12.1).
Refused permit and the special regime for expulsion
The law gives special protection to two groups of cases. Under article 2.e of Ley 1/1996 and article 22.2 of Ley Orgánica 4/2000, a foreigner without means gets a free lawyer in procedures that may end in refusal of entry, return or expulsion, and in all asylum cases, including the administrative stage before going to court. An interpreter is provided if the person does not understand the language of the procedure.
If you challenge an ordinary refusal of a residence permit, the court requires a lawyer in that case (more here: what to do if you were refused), and free aid at the court stage, if you lack the means, follows the general rule of article 2.a. The law does not expressly name aid for the recurso de reposición (an internal appeal to the same authority) before going to court in such cases, so people usually prepare the reposición themselves.
Where to apply
You apply to the Colegio de Abogados (bar association) of the city where the court that will hear the main case sits, or to the court at your place of residence, which forwards the application to the bar association (art. 12.2). Any method is allowed, including electronic. The application states the types of aid requested, the household's income and assets, the subject of the dispute and the opposing party. You agree that the commission may request data from the tax agency, Social Security and registers. If you are not married, you must declare in writing and under oath that you have no pareja de hecho (de facto partner) (art. 13).
Deadlines
If the application has defects, the bar association gives ten working days to correct them and then archives it (art. 14). When the right appears established at first sight, the bar association appoints a provisional lawyer within 15 days and, if needed, a procurador within three days (art. 15). The Comisión de Asistencia Jurídica Gratuita (free legal aid commission) decides within 30 days of receiving the file. If it stays silent, the bar association's decisions are deemed confirmed (art. 17.2).
The application does not stop the court case (art. 16.1). If it is filed before proceedings begin and the time limit for going to court may expire, the time limit is suspended until a provisional lawyer is appointed, for no more than two months from the application (art. 16.2). Under article 46 of Ley 29/1998, de 13 de julio, reguladora de la Jurisdicción Contencioso-administrativa (the Administrative Courts Act), a claim against a refusal must be filed within two months, so apply for aid at once and do not wait for the last days.
If aid is refused or you get the wrong lawyer
You can challenge the commission's decision in writing within ten days of notification, without a lawyer (art. 20.1). If the right is not recognised, the provisionally appointed lawyers may charge you fees for their work (arts. 18 and 27). If income is misstated, the right is withdrawn and you must pay for the services and costs (art. 19). You can ask to replace the appointed lawyer by a reasoned request to the bar association, which answers within 15 days (art. 21 bis).
Frequently asked questions
Can I get aid without a residence permit?
The law speaks of foreigners present in Spain and does not name a type of permit (Ley 1/1996, art. 2.a). The bar association and the commission assess each case.
Can I choose my own lawyer?
If the right is recognised, a lawyer is assigned by rota. A duty lawyer and a freely chosen procurador cannot act together unless the private professional waives fees in writing (art. 27).
How long is the wait?
The bar association appoints a provisional lawyer within 15 days and the commission decides within 30 days (arts. 15 and 17.2).
Do I need a lawyer to apply?
The applicant files the request personally (art. 12.2), and no lawyer is required to challenge the commission's decision (art. 20.1).
What next
We do not handle court disputes: a lawyer is required in court. If the refusal has not reached court yet, we can help you understand its grounds and prepare documents for a new application.