Where you have a right to an interpreter in Spain

Key rules

• Where the right exists: A legal right to a free interpreter exists only in specific procedures: criminal, asylum, expulsion-type immigration cases, civil court and some victim settings.
• Ordinary offices: Ordinary administrative offices do not have to provide an interpreter, so bring your own helper or hire one.
• Translations: If an office requires a document in another language to be translated, you pay for it.
• Free legal aid: If you qualify for free legal aid, it covers interpreting costs in that procedure.

The short answer

You have a right to an interpreter only in specific procedures. Ordinary administrative offices do not have to provide an interpreter, so bring your own helper or hire one. The official language is Spanish, and in regions with a second official language you may choose that one.

Where you have a right to an interpreter

Criminal cases. This is the clearest right. If you are a suspect, accused or detained and do not understand Spanish, you get a free interpreter. That includes talks with your lawyer. Essential documents must also be translated for you.

Victims of crime. If you are a victim and do not understand Spanish, the victims' statute gives you similar help with interpreting.

Asylum. If you apply for international protection, you get a free interpreter in a language you understand at interviews and in dealings with the authorities, including at border points. You also get free legal help during the procedure. Decisions usually arrive in Spanish, but you must be told what they say and what they mean, in a language you understand. Often this is done orally rather than in a written translation. Ask your lawyer or the asylum office how it will be done for you.

Refusal of entry, return or expulsion. In a procedure that could end in refusal of entry, return or expulsion, you have the right to free legal aid and an interpreter. The same applies if you are held in a detention centre for foreigners.

Civil court. If you are a party, witness or expert in a civil case and do not know Spanish, the court provides an interpreter.

Free legal aid. If you qualify for free legal aid, it covers interpreting costs in the procedure it applies to. If you cannot afford a lawyer, ask whether you qualify.

Where you arrange and pay yourself

In everyday dealings with public offices, such as a town hall, a tax office, a police appointment or an application for a permit, nobody has to supply an interpreter. This is the general rule.

• Bring a friend or colleague who speaks Spanish, or hire an interpreter for the appointment.
• If a body asks for a document in another language to be translated, you pay for the translation.
• Ask the office in advance whether they accept an accompanying interpreter. Most do.

What to do

1. Work out which type of procedure you are in. The checklist below walks you through this.
2. If it is one of the settings above, ask for the interpreter in so many words, as early as possible, and ask for it to be noted.
3. If it is not, book your own help before the appointment.

The quick answers below cover hospital interpreting, changing an interpreter and sworn interpreters.

Checklist

Check whether you have a right to an interpreter

• Identify the type of procedure you are in: criminal, asylum, immigration (entry, return or expulsion), civil court, or ordinary administration.

• If you are a suspect, accused or detained in a criminal case, ask for a free interpreter, including for talking to your lawyer, and for essential documents to be translated.

• If you face refusal of entry, return or expulsion, ask for free legal aid and an interpreter, including if you are held in a detention centre.

• If you are in civil court as a party, witness or expert and do not know Spanish, ask the court to provide an interpreter.

• If you have applied for asylum, ask for a free interpreter in a language you understand at every interview and in dealings with the authorities, including at border points. — An interpreter is present at your asylum interview.

• After an asylum decision or notice arrives in Spanish, ask for its content and effect to be explained to you in a language you understand, and check with your lawyer or the asylum office whether a written translation is available.

• If you cannot afford a lawyer, ask whether free legal aid applies, because it covers interpreting costs for those entitled.

• Before you submit documents in another language, ask the office whether it requires a Spanish translation, which you pay for.

Quick answers about interpreters and language help

Is hospital phone or video interpreting confidential?

Yes, in public health services the interpreter is bound by confidentiality, just like the medical staff. Companies hired by the health service must sign data protection and confidentiality commitments, and hospital contracts normally require this. Relatives or friends who interpret for you are not bound by the same duties.

Can I ask for a different interpreter if I doubt the interpretation is accurate?

Yes, but how you do it depends on the setting. In a criminal case, the accused can challenge the quality of the interpretation and the court must look at the complaint. In offices, asylum interviews and hospitals there is no formal challenge, so ask the officer, the hospital patient service or your lawyer to change the interpreter, or put the problem in writing. You can also file a complaint (a queja or reclamación).

Is a sworn interpreter the same as a sworn translator?

Yes, in Spain they are the same professional with one title: traductor-intérprete jurado. Most of their work is written translation with a signature and seal that Spanish authorities accept. They can also interpret aloud, for example at a notary or in court.