Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what information her Department holds on the number of foreign nationals living overseas who were in receipt of (a) non-means and (b) non-merits tested legal aid in 2023.

This information requested is not held centrally.

In making decisions about who qualifies for legal aid, the Legal Aid Agency must apply the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012, and any regulations made under that Act. This legislation applies to any application for legal aid in connection with legal advice and proceedings in England and Wales. Where proceedings are before a court or tribunal in England or Wales, legal aid is available to individuals who qualify for services irrespective of their nationality or usual place of residence. As nationality is not a determinative factor in the availability of legal aid, it is not mandatory that this information is provided with an application for legal aid and nor is it specifically tracked or recorded by the Department.