Do equal treatment rights apply if your papers are pending?

Key rules

• Who is covered: The equal treatment law protects you in Spain whatever your residence status, including if you have no papers.
• Limits: Work, voting, many benefits and public housing aid, and reunification can still depend on legal residence.
• Basic rights: Emergency health care, basic education for minors and access to a court stay open to everyone.
• Reporting: Reporting a hate crime or gender violence can suspend a sanction file, but it does not give full immunity.
• Before reporting: Get advice from a lawyer or NGO first, because police practice varies.

Does your status limit your protection?

No. The equal treatment law protects everyone in Spain, whatever their residence status, including people without papers. If you are treated worse because of a protected ground such as origin, race, religion or disability, you are covered even while your papers are pending.

What can still depend on your status

The law does not ban every difference that comes from immigration rules.

• the right to work
• freedom of movement
• voting and standing in elections
• many non-emergency social benefits and public housing aid
• family reunification

A difference like this must be set by law and be justified. A shop, landlord, employer or bank cannot simply refuse you because you have no papers.

What you keep either way

Some basics stay open to everyone:

• emergency health care
• health care for minors and pregnant women
• basic education for minors
• basic social services
• the right to go to court and be heard

Spain's Constitutional Court has held that basic rights cannot be denied to people in an irregular situation. The exact limits depend on the specific right and on your region, so ask the office in charge if you are refused something.

Is reporting risky if your papers are not in order?

There is some risk, and it is not zero. There is also real protection.

• If you are a foreign victim of a crime such as gender violence, trafficking or a hate crime, any sanction file for irregular stay is suspended until the criminal case ends.
• You can ask for a residence and work authorisation for exceptional circumstances.
• Police have been instructed not to open an expulsion file just because a hate-crime or discrimination victim reports.

This is not complete immunity. The sanction file may restart after the case ends. The protection is stronger for hate crime and gender violence than for other offences. Practice also varies from one police station to another.

What to do before you report

Talk to a lawyer or an NGO that helps migrants before you go to the police, especially if you have no permit. They can tell you how your case is likely to go and go with you. The decision and FAQ below help you compare your options.

Choosing between options

Should you report discrimination or a crime while your papers are not in order?

• Report now, with legal help: You are a victim of hate crime, gender violence or trafficking. Your sanction file for irregular stay is suspended until the criminal case ends, and you can ask for a residence and work authorisation for exceptional circumstances.

• Talk to a lawyer or NGO first: The offence is another kind of crime or discrimination, or you are unsure. Protection is weaker here and how police stations act varies, so get advice before you go.

• Wait and gather evidence: You are not ready to report yet. Keep messages, photos and witness names safe while you get advice.

Reporting is not complete immunity: the sanction file may continue after the case ends. If you are a victim of hate crime or gender violence, report with a lawyer or NGO beside you. For anything else, get advice first.

Frequently asked questions

Which rights can I still be refused if I have no residence permit?

You can be refused rights that depend on legal residence, such as the right to work, voting, many non-emergency benefits and public housing aid. Basic rights remain for everyone: emergency health care, basic education for minors, basic social services and access to a judge.

Does reporting a hate crime lead to expulsion if I am in an irregular situation?

No, police are told not to open an expulsion file just because you report a hate crime or discrimination, but this is not complete immunity. A sanction file for irregular stay is suspended until the criminal case ends, and it may continue afterwards.

Who can help me before I report if my papers are not in order?

A lawyer or an NGO that helps migrants can advise you before you go to the police. Do this first, because how police stations handle these cases varies.