When it comes to immigration and residency, Spain, as a member of the European Union, follows specific legal concepts and rules, notably the principle of proportionality. Understanding the situations that could lead to expulsion from Spanish territory is critical for foreign nationals residing in Spain. This article aims to look into the causes of expulsion orders in Spain, the expulsion process and the steps that can be taken to avoid such circumstances.
What Factors Can Lead to Expulsion from Spain?
Expulsion from Spanish territory can be a terrible reality for some foreigners living in Spain. It happens when people are in an irregular situation in the country, breaking immigration regulations without a legal residence permit. In such instances, the principle of proportionality is critical, ensuring that the sanctions implemented are fair and reasonable concerning the offence committed.
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The most prevalent reason for expulsion is illegally residing in Spain or overstaying a visa. Furthermore, engaging in illegal activity or posing a threat to public safety may result in an expulsion order. When a foreigner is convicted of a major crime, Spanish authorities may use their criminal record to determine the risk they pose to society.
The Spanish Court of Justice supervises the execution of expulsion decrees, ensuring the protection of individual rights. The European Union, on the other hand, emphasizes the necessity of protecting the rights of all individuals, regardless of their status, emphasizing the significance of fair treatment even during the expulsion process.
Foreigners in Spain should be informed that deportation is a legal result of certain conduct, not arbitrary. For example, if a person enters Spain illegally and is caught, they will almost certainly be ejected from the country. Authorities seek to strike a compromise between the requirement to preserve law and order and the preservation of human rights.
When and How I Can Be Deported from Spain?
Expulsion from Spain is a complicated legal procedure with precise measures to assure fairness. When authorities in Spain suspect someone of being in an illegal situation, they may launch an investigation. During this inquiry, they will determine the individual’s immigration status, whether they have a valid residence permit and whether or not they have broken any laws.
The authorities may issue an expulsion order if the investigation reveals that the individual does not match the legal conditions to reside in Spain. This order will specify the grounds for expulsion and the timetable for leaving the country voluntarily.
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A foreigner may be held in some situations while the deportation order is being processed. This procedure is usually done when there is a chance that the subject would dodge the procedure or when there are concerns about public safety. When enforcing such laws, the relevant authorities have rights and limitations, which should be considered before further action.
Following the issuance of the expulsion order, the affected individual has the right to appeal the decision to a court of justice. The foreigner gets the opportunity to state their case and challenge the grounds for expulsion. Before making a final decision, the court will carefully review the material and consider the principle of proportionality.
What Can I Do to Avoid Being Expelled?
To avoid expulsion from Spain, it is necessary to act proactively and respect immigration requirements. To begin with, foreigners wishing to live in Spain must have the necessary Spanish visa or residence permit, depending on the reason for their stay. It is essential to keep these documents up to date and valid at all times.
The most commonly used visas are the non-lucrative visa, student visa, work visa, digital nomad visa, self-employed visa or entrepreneur visa.
It is also critical to be informed about changes in immigration rules and practices to avoid unintentional violations. If any questions about one’s immigration status occur, do not hesitate to contact the appropriate authorities for explanation and settlement.
Individuals should avoid criminal acts to maintain legitimate and secure residency in Spain. As the authorities prioritize public safety, having a clean criminal record considerably minimizes the probability of being subjected to an expulsion order.
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Foreigners in Spain should strive to integrate into society, learn the local language and respect the culture and customs of the country. Establishing strong ties with the community can help you demonstrate your dedication to becoming a law-abiding resident, for example, if you are illegally in Spain, have been ‘empadronamiento‘ in the town hall for more than 3 years, know the language you can obtain the arraigo social and obtain a residence permit.
Rights of Individuals Facing Expulsion in Spain
While facing an expulsion order can be upsetting, it is critical to remember that individuals have protected rights under Spanish and EU law. The Court of Justice plays a critical role in protecting these rights throughout the expulsion process.
The right to legal representation is one of the fundamental rights. Individuals facing expulsion have the right to be represented by a lawyer who can advise them and argue their case in court. Legal representation assures a fair trial and the right to appeal the expulsion order.
Another critical consideration is the right to appeal. If an expulsion order is issued, the affected person has the right to appeal the decision, which allows them to provide fresh evidence or question the grounds for expulsion.
During the judicial process, the principle of proportionality is applied. The court will evaluate whether the authorities’ actions are proportionate to the gravity of the offence committed. This principle checks potential abuses of power by ensuring that the penalty is proportionate to the offence.
Alternatives to Expulsion and Reintegration
Individuals facing deportation from Spain may question if there are any options or prospects for reintegration into society. The Spanish authorities, numerous organizations and support networks recognize the necessity of providing persons with choices to correct their status and avoid expulsion whenever possible.
One such option is to seek to regularize one’s immigration status. If a foreigner becomes aware of their illegal situation in Spain, they can proactively fix the problem. That may entail applying for a residence permit or visa appropriate for their current situation. They demonstrate a genuine desire to comply with the law and become a legitimate resident.
Individuals may qualify for humanitarian protection or asylum in specific situations, which can give legal possibilities for them to remain in Spain despite their irregular status. Such protection is given to those who face persecution or grave dangers in their native nations.
Furthermore, certain organizations and non-governmental organizations (NGOs) in Spain provide assistance and guidance to foreigners in dangerous situations. They can aid persons in navigating legal processes, connecting them with resources and providing assistance with housing, employment and integration.
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The principle of proportionality is used to establish whether expulsion is necessary and evaluate feasible alternatives. Authorities consider variables such as the person’s ties to Spain, family circumstances and length of residence in the nation.
Individuals can demonstrate their willingness to comply with Spanish laws and constructively contribute to society by searching out these alternatives and reintegration chances. The willingness to address and correct an unusual situation can significantly impact the decision-making process, potentially leading to a settlement other than expulsion.
Conclusion
While being expelled from Spain can be a difficult experience, understanding the reasons for expulsion and the rights of those facing expulsion is critical. Foreigners can better negotiate the complexities of residency in Spain and safeguard their rights and status by staying informed, complying with Spanish immigration laws and getting legal guidance when necessary.
If you need any assistance in an irregular situation in Spain or to regularize your situation there, do not hesitate to contact My Spain Visa.
If you have been expulsion and you have a working contract can you still have your resident permit in Spain?
If you are expelled from Spain for any reason they will remove your residence permit.
I am British and I am in an irregular situation since brexit…. I don’t want the police to stop me and expel me from the country for being in an irregular situation. Can you help me?
We can help you to obtain the arraigo social in Spain if you have been in Spain for more than 3 years in an irregular way and thus avoid possible problems with the law and avoid problems of expulsion in Spain.