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We at CAB Spain were the pioneers in sharing the fact that all pre April 2012 residents are allowed free healthcare in Spain. Requisites: Resident, registered on the padron and earning less than 100,000 annually (this was considered by the courts to be unconstitutional in July of 2016 and a cap on earnings no longer applies). The details on how to register as ‘persona sin recursos’ and how to enter into the NHS system can be found under health on our FAQs link. This also applies to those who were employed, autonomos and those on unemployment.
Please visit this LINK to the health section of our library and read ‘Ultimate Guide to Getting into and Thriving in the Healthcare System’
REPEALED
Children under 18 are not to be denied free healthcare no matter what their status (includes nonresidents) Pregnant women are also allowed free healthcare pre during and post birth. All emergencies/accidents are entitled to free treatment for the emergency/accident regardless of residency status. Immigrants without papers are entitled to basic healthcare.
Without residency:
Art. 3ter from the Ley del Sistema Nacional de Salud .
Quote:
Artículo 3 ter. Asistencia sanitaria en situaciones especiales.
Los extranjeros no registrados ni autorizados como residentes en España, recibirán asistencia sanitaria en las siguientes modalidades:
a) De urgencia por enfermedad grave o accidente, cualquiera que sea su causa, hasta la situación de alta médica.
b) De asistencia al embarazo, parto y postparto.
REPEALED
En todo caso, los extranjeros menores de dieciocho años recibirán asistencia sanitaria en las mismas condiciones que los españoles.
Thanks to our medic Marica Cecilia Tacchi, it was discovered that the department of the INSS were using a trick to deny post April 2012 residents free healthcare. The royal decree April 2012 is a law on residency and used by the INSS. This is illegal. There have been at least three cases taken and won against the INSS who refused healthcare to post April 2012 residents. The law on healthcare states that ALL residents are entitled to free healthcare meeting the requisites in the first chapter.
Visit this LINK for updates on post April 2012 residents and free healthcare.
Please note that two of our team advisers were able to assist two post April 2012 resident members to apply and obtain free healthcare.
Update: A judge in the latest case has ruled on the side of the INSS. We are waiting for further information.
It is only fair to warn all post April 2012 residents that the INSS may not deny your application for healthcare but suggest that first you visit extranjeria to check that your resident status is still in order. We have been advised from a good source, that this may be a scare tactic.
Please note: Post April 2012 residents. This is the section of the law that states on Articulo 3. Nota! that all residents who are not insured either by working, as pensioners or other who fall under the category of being in receipt of 100,000 euros a year, are entitled to free healthcare. Visit this LINK
*Important note: There are some contradictions to the royal decree discussed in the last link. The law is clear on the right of all residents who are not earning 100.000 annually(this was considered by the courts to be unconstitutional in July of 2016 and a cap on earnings no longer applies). free healthcare but, the ministry of the interior is using a regulation giving the right to refuse continual residency to any non permanent residents, (not having resided in Spain for five years) who they feel may have become a burden on the state by not meeting the residency obligations. This is something being studied by CAB Spain at present.
Anyone who falls into the latter category and wishes to be updated or would like to assist us to find solutions, please email us.
