Sponsored by Entre Trámites.
Undocumented immigrants in Spain often live with uncertainty and fear. Many are unaware of their rights, or avoid asking critical legal questions for fear of being reported or deported. Here are some common questions that many undocumented people in Spain have—but rarely dare to ask—along with clear, honest answers.
1. Can I be deported if I go to the hospital or report a crime?
No. Public hospitals in Spain are required to provide emergency care regardless of immigration status. Also, reporting a crime does not automatically lead to deportation. In fact, victims of certain crimes (like gender-based violence or human trafficking) may be eligible for protection and even residency rights.
2. Is there any way I can legalize my status after living here without papers?
Yes, there are several possible pathways:
- Arraigo social (social roots): If you’ve lived in Spain for at least two years, have a job offer, and have ties to the community.
- Arraigo familiar: For those with close family ties to residents or citizens.
These procedures require evidence and legal support, but they offer real hope for regularization.
3. Will my child be able to go to school if I’m undocumented?
Yes. All children in Spain have the right to education regardless of their or their parents’ immigration status. In fact, schools cannot deny access due to lack of documentation.
4. Can I register (empadronarme) even if I don’t have legal residency?
Yes. The padrón (municipal register) is open to everyone living in Spain, regardless of legal status. It is important because it helps prove how long you’ve lived in the country—it's essential for processes like arraigo or even applying for public healthcare.
5. Will the police know where I live if I register with the town hall (empadronamiento)?
No, empadronamiento data is not directly shared with immigration authorities. It is not a trap—in fact, registering can help you in many ways, including eventual legalization.
6. Can I work if I don’t have papers?
Technically, no—but many undocumented immigrants work in the informal economy. Be aware that this leaves you without some labor protections and can make you vulnerable to exploitation, however labor laws still apply in these cases, and it's important to check with a labor expert about your situation.
7. Is it safe to go to a lawyer or NGO for help?
Yes. Lawyers and NGOs that work in immigration law are bound by confidentiality. They will not report you to immigration police. Getting proper legal advice is one of the best steps you can take toward regularizing your situation.
Here Are Some Things You Should Not Do Without Residency:
- Don’t Use False Documents. Using fake IDs, NIEs, or social security numbers is a crime that can lead to jail or deportation.
- Don’t Travel Freely Within the EU. Without a valid residence card, traveling to another EU country can result in detention or removal.
- Don’t Apply for Residency Permits Without Meeting Requirements. Applying too early or without the right documents can lead to rejection and possibly a deportation order.
- Don’t Work Without Knowing Your Rights. If you work in the black market, keep proof (messages, photos, payment receipts). It might help you later for arraigo applications.
- Avoid Police Conflicts. Minor offenses (e.g., shoplifting or street fights) can result in a police record that blocks your future immigration application.
Sponsored by Entre Trámites.
Disclaimer: The information provided on this website does not and is not intended to, constitute legal advice; instead, all information available on this site is for general informational purposes only. Laws are subject to change and do so regularly. While the Barcelona Metropolitan endeavors to ensure that the content is accurate and up-to-date, users should seek appropriate legal advice before taking or refraining from taking any action based on the content of the website or otherwise.