An expulsion order is one of the most serious decisions a foreign national can face in Spain. It may result from various circumstances and often raises concerns about the person’s rights and the procedures to follow. In this article, we discuss questions and procedures related to expulsion orders, particularly when a residence application is being processed.

What is an expulsion order, and when is it issued?

An expulsion order is a decision issued by the Spanish authorities requiring a foreign national to leave the country. It may result from various grounds, such as a lack of documentation, the commission of offences or irregular immigration status.

Generally, there are two types of expulsion: administrative and judicial. Administrative expulsions are more common and are carried out through an administrative procedure, while judicial expulsions require the involvement of a judge.

It is important to understand that an expulsion order may be issued against any foreign national who does not comply with the immigration regulations in force. In cases involving serious offences, expulsion may take place almost immediately.

Can you receive an expulsion order while your residence application is being processed?

Many foreign nationals are concerned about whether they could receive an expulsion order while their residence application is being processed. It is important to clarify that, in general, once a residence application has been submitted, the foreign national should not be expelled.

However, there are exceptions. If the foreign national has a criminal record or is considered to pose a risk to public safety, the authorities may decide to expel them even while their application is being processed.

In these cases, it is crucial to act quickly and seek legal advice. Lawyers specialising in Spanish immigration can help you manage the situation and submit the necessary representations to avoid expulsion.

How does an immigration expulsion order work?

The procedure for an expulsion order is governed by Spain’s Immigration Act, which sets out the procedures to be followed. Once the order is issued, the person concerned has a limited time to submit representations, usually 48 hours.

Representations are essential because they allow the person concerned to explain their circumstances and request that the order be revoked. The authorities have six months to decide on the representations submitted.

If the order is upheld, the person concerned can appeal to the High Court of Justice. This process can be complicated, so it is advisable to seek the help of a specialist lawyer who can guide them through the various stages of the administrative procedure.

What happens if you have already been given an expulsion order?

Receiving an expulsion order is a serious matter that requires immediate attention. First, the person concerned should review the decision to understand the reasons for the expulsion and the deadline for submitting representations.

Once the notification has been received, it is essential to act quickly. The person concerned should contact a lawyer specialising in immigration law for advice on the steps to take. Submitting representations is a right and can make a difference to the outcome of the case.

You should also bear in mind that, if the expulsion order is upheld, the person concerned could face an entry ban to Spain lasting between five and ten years, depending on the seriousness of the case.

Revocation of an expulsion order: is it possible?

Revocation of an expulsion order is possible, but it is subject to certain conditions. To request it, the person affected must show that they have regularized their immigration status or that there are circumstances justifying their continued stay in the country.

To request revocation, you must submit a written application to the authorities along with all relevant supporting documents. It is advisable to seek assistance from a lawyer to ensure the procedure is carried out correctly.

Revocation may be requested in certain cases, such as when the person affected is in a vulnerable situation—for example, if they are a victim of gender-based violence—or has family responsibilities. These factors may influence the authorities’ decision.

Duration of the entry ban for Spain

The duration of the entry ban following an expulsion order may vary. In general, bans may be imposed for a period of five years, although in more serious cases they may be extended to up to ten years.

The specific duration will depend on the seriousness of the offence that led to the expulsion. The rules are more flexible for EU citizens, but they must still meet certain criteria to avoid expulsion.

It is important to understand that while the ban is in force, those affected will not be able to enter Spain or other countries in the Schengen Area. This can have a significant impact on their personal and professional lives, so it is vital to act quickly if an expulsion order is issued.

Related questions about the expulsion process in Spain

How can I avoid an expulsion order?

To avoid an expulsion order, it is essential to comply with Spanish immigration regulations. Keeping your documents in order and ensuring that your residence application has been properly submitted are key steps. You should also avoid committing offences or engaging in conduct that could be considered dangerous to society.

If you have already received an expulsion notice, it is important to act quickly, submit your representations and seek legal assistance. A lawyer can help you file appeals and argue for your right to remain in the country.

When does an expulsion order expire?

An expulsion order does not expire in the strict sense, but entry bans may have fixed time limits. In general, an order remains in force until the relevant administrative or judicial proceedings have been concluded.

However, if the person’s circumstances change—for example, if they obtain a work or residence permit—it may be possible to request revocation of the order. It is crucial to keep track of the deadlines and dates set out in the decision.

Who cannot be expelled from Spain?

Not all foreign nationals can be expelled. Certain groups, such as EU citizens, may be expelled only in specific circumstances. In addition, people with international protection or asylum status are also protected from expulsion.

When the person affected has family responsibilities or is in exceptional circumstances, the authorities must take these factors into account before issuing an expulsion order.

When can an immigrant be expelled?

An immigrant may be expelled for a serious breach of Spanish immigration law, such as irregular immigration status, committing offences or failing to comply with the conditions of their stay.

The authorities must follow a clear procedure and ensure that the person affected has the opportunity to submit representations and defend their case. The law requires each case to be assessed individually, taking into account all the person’s personal circumstances and legal situation.