Your rights and limits while living in Spain without papers

Key rules

• Emergency care: Emergency care is given to anyone, with or without a card or papers.
• School: Your children aged 6 to 16 have the right to school whatever your status.
• Unpaid wages: You can claim unpaid wages even if you worked without authorisation, within one year.
• Work contract: A work contract is not valid for lawful employment without a work authorisation.
• Benefits: Unemployment benefit and the minimum vital income usually need legal residence.

The short picture

Without papers you keep access to health care, school for your children and the right to report a crime. You face limits on lawful work, benefits, and in practice on renting and banking. The checklist, documents and timeline below cover the steps.

Health care

Adults without papers can use the public health system on the same terms as Spanish nationals, once registered in the padrón. This covers family doctor, specialists, hospital care and prescriptions, with the usual co-payments. Emergency care is always given, with or without registration. So are pregnancy, childbirth and care after birth.

To get the card, register in the padrón, then apply for a tarjeta sanitaria at your regional health service or local health centre. Rules and waiting times vary by region, and some regions are stricter. Ask your health centre what it wants. If you are covered by another country's system or a European scheme, you may not qualify. Tourists and short-stay visitors are not covered.

Registering in the padrón does not by itself trigger action against you. The data may be passed to the police only for immigration functions, and municipalities do not systematically report people. Health services do not report patients' status to immigration.

School

Every child from 6 to 16 has the right, and the duty, to go to school, whatever the parents' status. Public education is free, including the stages that are not compulsory. Enrol through the regional education authority or the school. Missing papers are not a valid reason for refusal. If a school refuses, ask the education authority in writing and get legal advice.

Work

A work contract is not valid for lawful employment without a work authorisation, and employers must register workers with Social Security. Working without authorisation is risky.

If you did work and were not paid, you still keep your rights. Lack of authorisation does not cancel your claim for unpaid wages or other worker rights. Try conciliation first, then file in the labour court. The time limit is one year. You can also complain to the labour inspectorate. Keep messages, bank transfers, witness names and photos. Filing a claim does not by itself lead to expulsion, and a favourable ruling can support a later application for a residence permit based on roots (arraigo). A lawyer or trade union can advise you.

Benefits and other services

Unemployment benefit, the minimum vital income (IMV), most other benefits, long-term housing aid, bank credit, public job posts, driving licence exchange and registering as self-employed usually need legal residence, often for a minimum period. Emergency health care, basic education and basic social services do not.

Housing and banking

No law bars you from renting or opening a basic account, but both are hard. Landlords usually ask for ID, payslips and a deposit. A passport is generally accepted as ID for a lease. Many banks accept a passport and a padrón certificate, but some refuse because of anti-money-laundering checks. If one bank says no, try another. Informal room rentals are common, so get something in writing.

Police protection

You can report a crime without papers. Police can still open an irregular-stay file in some cases, though that is not their stated aim, so consider getting advice first.

• Gender violence: if you report it, you do not face expulsion for irregular stay while the complaint is processed. You can apply for a residence and work permit for exceptional circumstances and get free legal aid.
• Trafficking: you get a recovery and reflection period of at least 30 days and protection from expulsion.
• Labour exploitation or other crimes: victims or witnesses can obtain similar permits.

Choosing between options

Where should you take a problem when you have no papers?

• Report it to the police: You are a victim of gender violence or trafficking. You will not face an expulsion proceeding for irregular stay while a gender violence complaint is processed, and you can apply for a residence and work permit.

• Go to the labour inspectorate or seek conciliation: Your problem is unpaid wages or labour exploitation. Filing does not by itself lead to expulsion, and victims or witnesses of exploitation can obtain similar permits.

• Get legal advice first: Your case is any other crime. Police can still open an irregular-stay file, so speak to a lawyer or victim support service before you report.

If you are a victim of gender violence or trafficking, report it: the law protects you. For work problems use the labour route. For any other crime, take advice before you go to the police.

Timeline and deadlines

• Register in the padrón at your town hall and get the certificate: first, before you apply for a health card

• Apply for your health card at the regional health service or local health centre: once you have your padrón certificate

• Ask for emergency care if you need it: any time, even before your card is issued

• Apply without waiting for proof of presence, as most regions have dropped the old 90 days requirement: from the day you are registered

Documents you need

• Passport or other ID, used for the health card, school enrolment, a lease and a basic bank account.

• Padrón certificate from your town hall, which shows you are registered in the municipal register. Health centres, schools and many banks ask for it.

• A declaration that you have no other health coverage, signed when you apply for the health card.

• Proof of residence in Spain or evidence of income, which some regions also ask for with the health card application.

• Vaccination record and previous school records for your child, needed for school enrolment along with proof of address.

• Messages, bank transfers, witness names and photos that show you worked and were not paid, to support a wage claim.

Checklist

• Register in the padrón at your town hall, even without papers, since it is the basis for health care and school.

• Ask the town hall for a padrón certificate.

• Apply for your health card with your passport, padrón certificate and a declaration that you have no other coverage.

• Ask your regional health service whether it also wants proof of residence or income.

• Ask for emergency care if you need it before the card arrives.

• Bring your passport and padrón certificate when you ask a bank for a basic account.

• Try another bank if the first one refuses to open an account.

What to watch out for

• A school refuses to enrol your child: Irregular status is not a ground for refusal, because every child from 6 to 16 has the right to a school place. Some schools may still ask for documents you do not have. Ask the school for the reason in writing and go to your regional education authority, which also handles enrolment.

• A bank or landlord turns you down: No law bars you from renting or opening a basic account, but many banks run anti-money-laundering checks and landlords usually want ID, payslips and a deposit. Informal room rentals are common but give you little proof. Offer your passport and padrón certificate, try other banks, and keep proof of every rent payment you make.

• Working without a valid work authorisation: A work contract is not valid for lawful employment without status, and your employer has no legal way to register you with Social Security. You still keep your rights to unpaid wages and other claims. Keep messages, bank transfers and photos of your work, and ask a lawyer or trade union about evidence and time limits.

Frequently asked questions

Can I get emergency care before I have a health card?

Yes, you can get emergency care without a health card, because it is given on request whatever your registration. Pregnancy, childbirth and postpartum care are also covered. Ask for care first and sort out the card afterwards.

Will registering in the padrón get me reported to immigration?

No, registering in the padrón does not by itself trigger action against you. Town halls do not systematically report irregular residents, and health services do not pass on patients' status. Police can use padrón data only for their immigration functions, in specific cases.

Can I claim unpaid wages if I worked without papers?

Yes, you keep your right to unpaid wages even if you had no work authorisation. Messages, bank transfers, witnesses and photos can all serve as evidence, and filing a claim does not by itself lead to expulsion. The deadline is set out in the article on what to do when your employer never registered you.

Can I get unemployment benefit or the minimum vital income?

No, unemployment benefit, the minimum vital income (IMV) and most other benefits need legal residence, often for a minimum period. Emergency health care, basic education and basic social services are the main help open to you without status.