Abuse victims' rights whatever your immigration status

Key rules

• Services: Help, legal aid and protection are open to victims whatever their immigration status.
• Expulsion: A complaint does not lead to expulsion, and an open sanction procedure for irregular stay is suspended.
• Work: With a protection order or prosecutor's report, you can apply for provisional residence and work authorisation.
• Risk: The suspension is temporary: if the case ends without a conviction or recognition of the violence, the procedure can resume.

Can I get help without papers?

Yes. If you are a woman victim of gender violence, your rights apply whatever your origin or immigration status. That includes information, assistance, free legal aid and a protection order. Having no residence papers does not close these doors.

Will reporting get you expelled?

No. Filing a complaint does not lead to expulsion. If a sanction procedure for irregular stay is already open, or starts when you file, it is suspended until the criminal case ends.

What happens to your papers

Once you have a protection order, or a prosecutor's report indicating signs of gender violence, you can apply for a provisional residence and work authorisation for exceptional circumstances. It lets you work legally while the case runs.

• If the case ends in a conviction or a court decision recognising the violence, you receive definitive residence for exceptional circumstances.
• If it ends without that outcome, the provisional authorisation ends and the suspended procedure can resume.

Similar protection exists for victims of trafficking and, with differences, for other victims of gender-based violence. Ask a lawyer which applies to you.

The risks to expect

The law protects you, but practice is not always smooth.

• Police stations do not all treat reports the same way. In the past, some opened a sanction file against women who reported, and that is why many stayed silent. Today the procedure should be suspended, but treatment still varies.
• Processing your residence authorisation can be slow.
• Women without an immediate protection order are sometimes treated inconsistently.

How to lower the risk

Where you can, speak to a specialist legal service before reporting, or call 016. The 016 helpline is free, confidential and open 24 hours a day, every day of the year, in 53 languages. It does not show on phone bills. You can also use WhatsApp on 600 000 016, email 016-online@igualdad.gob.es or an online chat. Deaf and hard-of-hearing users have text and video-interpreting services.

When you report, go with a lawyer or an advocate from a support service if possible. Ask for a duty lawyer (turno de oficio), and keep a copy of your complaint (denuncia) somewhere safe. The checklist, timeline and decision below set out the steps.

Choosing between options

Should you report straight away or get advice first?

• Get advice first: You are not in immediate danger and can first speak to 016 or a specialist legal service, then go to report with a lawyer or advocate.

If you are in danger, report now. Otherwise take advice first. Either way, a complaint does not lead to expulsion and any open sanction procedure is suspended.

Timeline and deadlines

• File the complaint; any open sanction procedure for irregular stay is suspended and the complaint does not lead to expulsion: when you file the complaint

• Apply for a provisional residence and work authorisation for exceptional circumstances: once a protection order or a prosecutor's report pointing to gender violence exists

• Work legally while the case runs: while the criminal proceedings are open

• Receive definitive residence for exceptional circumstances if the case ends in a conviction or a court decision recognising the violence: when the criminal proceedings end with that outcome

Checklist

• Contact 016 by phone, WhatsApp on 600 000 016 or email at 016-online@igualdad.gob.es to talk to a specialist before you report, if you can.

• Go to the police station with a lawyer or an advocate from a support service if possible.

• Tell the lawyer if you already have a sanction file for irregular stay, so it can be suspended.

• Ask your lawyer whether a protection order or a prosecutor's report can be obtained, as you need one to apply for provisional residence and work authorisation.

What to watch out for

• Treatment differs between police stations: Police stations used to open a sanction file for irregular stay when an undocumented woman reported abuse. This should now be suspended and not lead to expulsion, but practice still varies from station to station.

• Delays in your residence authorisation: Processing the residence authorisation can be slow, and women without an immediate protection order are not always treated consistently. Ask your lawyer to follow the application and to request a protection order or a prosecutor's report.

• The suspension is not permanent: If the case ends without a conviction or a court decision recognising the violence, the provisional authorisation ends and the suspended procedure can resume. Stay in contact with your lawyer throughout the case and ask what your options are before it closes.

Frequently asked questions

Can I contact 016 by WhatsApp or email instead of calling?

Yes, you can write to 016 on WhatsApp at 600 000 016, by email at 016-online@igualdad.gob.es, or through an online chat. Deaf and hard-of-hearing users can also use text and video-interpreting services. The 016 number does not show up on phone bills.

Can I get a lawyer if I have no residence papers?

Yes, women victims of gender violence have the right to legal aid whatever their immigration status. When you report, ask for a duty lawyer (turno de oficio), a lawyer assigned to you by the court system.

Can I work while my case is open?

Yes, once a protection order or a prosecutor's report points to gender violence, you can apply for a provisional residence and work authorisation. It allows you to work while the case runs.

What happens to my papers if the case ends without a conviction?

The provisional authorisation ends, and any suspended sanction procedure for irregular stay can start again.