Spain > living

last update: February 2014

RIGHTS AND LIBERTIES OF MIGRANTS IN SPAIN

What rights do I have “without papers” in Spain?

The only rights you have, without any requisites, if you don’t have “papers” are:

  • The right to have documentation: It is a right and obligation to carry identity documents on your person, if the authorities take them away from you they have to give you a copy of the documents.

  • Freedom of assembly: the same conditions apply as for Spanish residents.

  • Freedom of association: Right to form a group of persons with the same objectives that can be for or not for profit. It has to be registered. The same conditions apply as for Spanish residents.

  • Freedom of manifestation: the same conditions apply as for Spanish residents.

  • Right to education: Minors under the age of 18 years have the right to and are obligated to receive education under the same conditions as Spanish residents.

  • Freedom of syndication and strike: Freedom to create or be part of a group of workers who fight for the worker's rights in a company. The same conditions apply as for Spanish residents.

  • Rights to strike: The right to claim your rights as a worker in a company. The same conditions apply as for Spanish residents.

  • Medical assistance: Public medical assistance in the case of urgency (severe illnesses and accidents). Pregnant women have the right of medical assistance during their pregnancy, labour and a short time after. Minors under the age of 18 years have the same right to medical assistance as Spanish residents.

  • Insurance and social services: The right to basic social services and benefits.

  • Liability for taxation: The same conditions apply as for Spanish residents. You have the right to transfer your income and savings that you earned in Spain to another country.

  • Effective legal protection, appeal against administrative actions and free legal assistance: You have the right to a court hearing and a judge for an expulsion order or any other order placed against you. You can appeal against the decision of the judge and you can get a free lawyer, if you prove that you don’t have enough money. The same conditions apply as for Spanish residents.



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