The Official State Gazette (BOE) published on Thursday the royal decree recognising the right to public healthcare for foreigners who are in Spain without legal residence. To access this right, foreigners without legal residence must provide a sworn statement certifying that they do not have healthcare coverage through any other means.
The declaration must state their habitual residence in Spanish territory, which can be proven by registration with the local council or, failing that, with documentation such as school certificates, utility bills or social services reports. To prove their identity, the person must provide a passport or identity document issued by their country of origin.
In the absence of the above, another document issued by the administration of the country of origin and containing at least one photograph will be valid. In the case of minors without a passport, identity may be proven with a birth certificate, family record book or official document certifying guardianship or custody by a public administration. The Ministry of Health will then issue a provisional document allowing access to healthcare from the outset and setting a maximum period of three months to resolve the case.
The regulation also recognises a number of vulnerable groups who will be entitled to immediate assistance, regardless of their administrative situation: these include minors; pregnant women; victims of gender-based violence (including their children) or sexual violence, exploitation and trafficking; and applicants for international protection or stateless status.
This right to public healthcare will be extended to Spanish nationals living abroad and their families during their temporary stays in Spain, provided they do not have coverage under international agreements or social security legislation. On Tuesday, the Council of Ministers approved the royal decree regulating the procedure for recognising the right to health protection and healthcare at public expense for foreigners without legal residence in Spain.