Do you qualify for free legal aid (justicia gratuita) as a foreigner?

Key rules

• Income limit: You generally qualify if your household's yearly income is no more than twice the IPREM, or 2.5 times for families of four or more.
• No income test: Victims of gender violence and human trafficking get aid whatever their income or residence status, for proceedings linked to their situation.
• Irregular status: Without legal residence you qualify only in matters like expulsion, return, refusal of entry, asylum and victim cases.
• Assets: Savings or property can lead to a refusal even when income is under the limit, but your main home does not count.

The short answer

You can get free legal aid (justicia gratuita) if three things line up: your status allows it, your household income is under the limit (or you belong to a group with no income test), and your case is of a covered type.

Your residence status

• Legal residents have the same right as Spaniards and EU nationals, under the same income rules.
• Foreigners without legal residence can get aid only in certain matters. These are proceedings that could lead to refusal of entry, return or expulsion, and appeals against removal decisions. Asylum procedures are also covered. The income test applies in these cases, except for asylum (see below).
• If you are in an urgent situation as a victim, you can also get aid whatever your status.

Groups with no income test

Some people get aid whatever their income, for the proceedings linked to what happened to them:

• Victims of gender violence and human trafficking. This applies even without legal residence.
• Victims of terrorism.
• Minors and people with disabilities who need support, when they are victims of abuse or mistreatment.
• People with serious accident injuries and lasting after-effects, in claims for compensation.
• Asylum seekers, in asylum procedures.

Workers and Social Security beneficiaries also have specific aid in employment and social security cases.

The income limit

Income is measured against the IPREM, a public income benchmark that the state sets each year. Legal aid uses the yearly figure with 14 payments. For 2025 it was 8,400 euros. Check the figure for the current year before you calculate.

You generally qualify if your household's yearly income is no more than twice the IPREM, or 2.5 times for families of four or more. Large families of special category have a limit of 3 times the IPREM.

Whose income counts

Your household is you and your spouse or partner, plus children who are minors or adult children with a legal incapacity. A single parent counts with the children living with them. Add up the gross yearly income of everyone in it, from work, capital and property. You declare it, usually with your latest tax return. If your current income is lower, that can be used instead. Income of a family member who is on the opposing side in your case is not counted.

Savings and property

Your assets matter too. The commission that decides can refuse aid, even if your income is under the limit, when your savings, property or visible signs of wealth show you can pay for the case. The home you live in is not counted against you.

If you are over the limit

If your income is up to 4 times the IPREM, the commission can still grant aid case by case. It looks at your circumstances: disability, dependants, health, obligations and the cost of the case. It gives a reasoned decision.

Which cases are covered

Aid covers criminal, civil, administrative, social and commercial cases. That includes a lawyer and court representative, advice before you start, and appeals. It generally does not cover claims linked to your own business or professional activity, claims that are clearly unfounded, or cases where you have already paid.

The checklist below walks you through these steps, and the FAQ covers common doubts. Evidence requirements vary by bar association and region, so ask the legal aid office of your local Colegio de Abogados what to bring.

Checklist

• Check your residence status: legal residents have the same rights as Spaniards, and non-EU nationals without legal residence qualify only in removal, return, refusal-of-entry and asylum procedures.

• Check whether you belong to a group that gets aid without an income test, such as victims of gender violence or human trafficking, for proceedings linked to being a victim.

• Confirm your status if you are an asylum seeker: you get legal aid in asylum procedures without an income test.

• Add up your household's gross yearly income and compare it with the IPREM, the public income benchmark, which was 8,400 euros a year with 14 payments in 2025.

• Compare your total with twice the IPREM, or 2.5 times for families of four or more.

• Confirm that your case type is covered before you apply.

Frequently asked questions

Can I get legal aid if my income is above the limit?

Yes, the legal aid commission can grant aid to people whose income is up to 4 times the IPREM, case by case. It looks at your dependants, health, obligations and the cost of the case. It gives a reasoned decision either way.

Do my savings or property count against me for legal aid?

Yes, savings, other real estate and signs of wealth can lead to a refusal even when your income is under the limit. The home you live in is not counted against you. The commission decides case by case.

Whose income is counted in my household for legal aid?

Your family unit's income is added together: spouses or partners, plus their minor children or adult children who are incapacitated, or a single parent with children living with them.

Does legal aid cover every kind of case?

No, legal aid covers criminal, civil, administrative, social and commercial cases, but not claims linked to your business or professional activity in general. It also excludes clearly unfounded claims. Advice before starting a case and appeals are covered.