How to legalise immigrants with a power of attorney?
Table of Contents (12)
- Can immigrants be legalised with a power of attorney?
- In which cases can a power of attorney be used for the legalisation of immigrants?
- Legalise immigrants who are outside Spain
- Legalise immigrants who cannot appear
- Legalise immigrants with difficulties with the language or the procedure
- Legalise immigrants in cases of professional representation
- How to legalise migrants with a power of attorney step by step?
- Case Study
- Table: steps of the legalisation procedure with a power of attorney
- Can powers of attorney be granted to legalise immigrants digitally?
- FAQ about the legalisation of immigrants at the notary's office
- Conclusion: start the legalisation of immigrants in Barcelona with a power of attorney
A week ago, a client came to our notary office near Passeig de Gràcia to ask us how to legalise immigrants with a power of attorney. He wanted to know if this document could help him in the extraordinary regularisation process for migrants established by the Royal Decree 316/2026, of 14 April, which amends Royal Decree 1155/2024, of 19 November, on the rights and freedoms of foreigners in Spain and their social integration.
You can learn more about this Decree in this previously published article:
Can immigrants be legalised with a power of attorney?
No, a power of attorney does not legalise a foreign person. Its function is to allow a third party to act on their behalf during the regularisation process.
However, it is a key tool because it allows another person to act on behalf of the interested party to:
- Submit applications to the Administration on behalf of the interested party to initiate the procedure to legalise immigrants with a power of attorney.
- Provide / manage the necessary documentation.
- Collect notifications or carry out administrative procedures.
- Act before different public bodies.
Therefore, when someone asks how to legalise immigrants with a power of attorney, the correct answer is that the power facilitates the process, but does not replace the legal regularisation procedure (in which, moreover, the established legal requirements of settlement, residence or extraordinary regularisation must be met).
In which cases can a power of attorney be used for the legalisation of immigrants?
In our notary office, the power of attorney for foreign procedures is usually used in the following cases:
Legalise immigrants who are outside Spain
This happens when the interested party is outside Spain and needs a family member to manage their file from here. In this case, they can grant a power of attorney in another country and legalise it through the Hague Apostille so that it is recognised in Spain. Depending on the country, a sworn translation may also need to be presented.
It is common, for example, to delegate the procedure by means of a power of attorney when a notary for family reunification is needed.
Thus, the person granted the power of attorney will be able to facilitate immigration procedures, such as visa, residence or work applications.
Find out more here:
Legalise immigrants who cannot appear
A power of attorney is granted when the interested party cannot appear in person due to mobility problems, illnesses that prevent attending appointments for the submission of documentation and actions before organisations.
Legalise immigrants with difficulties with the language or the procedure
In many cases, not understanding the language involves difficulties in understanding notifications, errors in documentation or missed deadlines, so a power of attorney allows for the complete delegation of management.
Legalise immigrants in cases of professional representation
When the file is managed by a lawyer or agent, a power of attorney can be granted to fully delegate the process.
How to legalise migrants with a power of attorney step by step?
To better understand how it works in practice, we explain the case of Ahmet.
Case Study
Ahmed had been living in Catalonia for more than three years in an irregular situation. During that time he had worked and could prove his stay in Spain through:
- registration certificates
- employment contracts
- documentation of integration
He therefore met the requirements to start a regularisation process.
However, in a first attempt he decided to initiate the procedure on his own and made several mistakes:
- he submitted incomplete documentation
- he did not correctly understand the requirements of the Administration
- he missed important deadlines
- his file ended up being archived
Ahmed did not understand the language or the administrative procedures well. Furthermore, as he was working, he could not attend appointments with administrative bodies, which were often located in a different city from where he worked.
Faced with this situation, he decided to consult a lawyer specialised in immigration to redo the procedure correctly. Recommended by the lawyer, he came to our Barcelona notary’s office.
We verified that he met the legal requirements, it was possible to prove his stay and the procedure was viable. So Ahmed granted a power of attorney to his lawyer, simply by attending with his identity document (NIE or passport) and providing the details of his representative.
After explaining the scope of the power of attorney, the public deed was signed including all the necessary powers for managing his immigration file.
In this way, his lawyer was able to:
- Request a prior appointment in immigration, something especially relevant due to the difficulty in obtaining appointments.
- Submit the regularisation application, including official forms and supporting documentation (registration certificates, contracts, reports, etc.).
- Rectify errors or provide additional documentation, in case the Administration required it.
- Access the status of the file, carry out follow-ups and verify its progress.
- Receive official notifications, both electronic and in person.
- Respond to requirements within the deadline, avoiding the archiving of the file.
- Coordinate with professionals (lawyers or administrators) if necessary.
It is important to highlight that it was not the power of attorney that allowed the regularisation, but the fulfilment of the legal requirements. However, the power of attorney was decisive for the procedure to be managed correctly and without errors.
Table: steps of the legalisation procedure with a power of attorney
| Process phase | What is done | Who does it |
|---|---|---|
| Case analysis | Verify regularisation requirements | Lawyer |
| Granting of power of attorney | Signing of the notarial power of attorney | Interested party + Notary |
| Preparation of the file | Collection of documentation | Lawyer |
| Submission of the application | Delivery to immigration authorities | Lawyer (as representative) |
| Correction | Provision of additional documents | Lawyer |
| Follow-up | Monitoring the status of the file | Lawyer |
| Resolution | Granting or denial | Administration |
Can powers of attorney be granted to legalise immigrants digitally?
Yes. Currently, powers of attorney can also be granted electronically, without the need to physically attend the notary's office.
This is done through the electronic notarial headquarters, provided that the grantor has:
- a valid digital certificate
- electronic identification
- means to conduct a notarial videoconference
The notary will verify the identity, explain the content of the power of attorney, and authorise the public deed electronically.
FAQ about the legalisation of immigrants at the notary's office
In a notary's office immigration regularisation procedures are not carried out, as these correspond to the Public Administration (Immigration), specialised lawyers or administrative managers. The notary provides the legal tool, but the processing of the file is carried out by the designated representative.
The cost, determined by the Notarial Tariff, ranges between €60-90 although it depends on factors such as the number of copies, pages or possible final additions.
No, it is not always mandatory for a lawyer to be involved in immigration or regularisation procedures. It is advisable in complex cases, incidents, when applications have been denied, or when appeals need to be filed.
For foreign procedures, the most common is to grant a special power of attorney, in which the necessary powers to act before the Administration are expressly detailed.
Conclusion: start the legalisation of immigrants in Barcelona with a power of attorney
The power of attorney does not allow an immigrant to be legalised directly, but it is a key tool for properly managing immigration procedures. It allows the delegation of the process, avoids errors, and prevents missing administrative deadlines.
Therefore, it is important to have a power of attorney that is well drafted and adapted to the specific case. If you need to grant powers of attorney in Barcelona or online from anywhere in Spain, at JLA Notarios we can advise you and help you prepare it correctly so that your representative can manage the entire process securely. Contact us.
