Yes. Living abroad does not, by itself, disqualify someone from obtaining civil legal aid in England and Wales for proceedings taking place in England and Wales. The key questions are whether the case is within the scope of legal aid, whether it satisfies the merits test, and whether the client passes the financial eligibility assessment.
For example, if a British citizen is living in Spain and is:
- defending possession proceedings;
- appealing a homelessness decision under section 204 of the Housing Act 1996;
- defending mortgage possession proceedings; or
- bringing certain housing claims within the scope of LASPO,
they may still qualify for legal aid if they meet the statutory criteria. Residence outside the UK is not an automatic bar.
There are, however, several practical issues.
First, the Legal Aid Agency will still assess the client's worldwide income and capital. Foreign earnings, overseas bank accounts, investments and property are all potentially relevant to the means assessment. Owning property abroad may affect capital eligibility.
Secondly, where the client's main home is outside the UK, the LAA has specific procedures for assessing means. There is a dedicated means form (CIV MEANS 3) for applicants whose principal residence is outside the UK, recognising that overseas evidence may need to be provided.
Thirdly, the merits test remains unchanged. For certificated legal aid in housing cases, the Legal Aid Agency will consider whether the case has sufficient legal merit and whether funding is justified in the circumstances.
One assumption that should be challenged is that the client must return to England to obtain legal aid. There is no such general requirement. Instructions can usually be taken remotely, documents exchanged electronically, and many hearings can be attended by video or telephone, subject to the court's directions.
For your practice, this is a significant point. Many British expatriates wrongly assume they cannot obtain legal aid because they no longer live in the UK. That misconception may deter them from seeking advice. A service aimed at expatriates could legitimately include:
- assessing whether the client remains eligible for legal aid;
- collating overseas financial evidence for the means assessment;
- liaising with the Legal Aid Agency;
- coordinating remote instructions and attendance.
One important qualification concerns legal aid for problems abroad. If the dispute itself is taking place in another country—for example, litigation in Spain—English legal aid is generally not available. In those circumstances, legal aid is usually governed by the law of the country where the proceedings are taking place.