Can I be expelled from Spain?
Can I be expelled from Spain if I am staying illegally?
Generally, if the police stop you and you are in an irregular situation in Spain, you would simply receive a fine (approximately €500 to €600).
However, if in addition to being in an irregular situation you meet any of the following conditions, then the National Police would expel you:
- If the foreigner is detained after committing a crime and has a criminal record.
- If, once detained by the National Police, the foreigner states a nationality different from their true one.
- If the foreigner has re-entered Spain while under a prior entry ban.
- If they lack an address and documentation (i.e., they are undocumented and on public roads without a passport).
- If it is impossible to verify how and when they entered Spanish territory. In this sense, it is very important to always be able to justify how entry into the country was made and to verify that it was through an authorized channel on a specific date.
Therefore, simply being illegally in Spain (because your visa has expired or because you have exceeded your 90 days of legal stay) does not, as of today, lead to expulsion from the national territory, regardless of current legislation. We are talking about facts.
So, if I am in an irregular situation and the police stop me, can they expel me?
The answer is yes, the police can expel you if you are in an irregular situation. However, unlike the situation until very recently, simply being in an irregular situation is no longer sufficient grounds for expulsion.
Thanks to a ruling by the Court of Justice of the European Union, the conditions necessary for the expulsion of a non-EU national are now much stricter.
Previously, being in an irregular situation was sufficient cause to initiate such proceedings.
However, today the general rule establishes that this results in a fine; but, if in addition to being in an irregular situation, any of the circumstances we will now examine occur, then expulsion would be initiated.
It is important to mention that this expulsion consists of an administrative sanctioning procedure.
Can I travel within Spain while in an irregular immigration status?
What happens with travel within Spanish territory? Is there any risk in doing so if I am in an irregular situation?
Well, if we analyze what the law says, you really shouldn’t move around within Spain, as the right to free movement within Spanish borders is only granted to Spanish nationals and foreigners with a residence permit.
However, the reality is quite different, and as you know, moving around within Spain is very easy and you won’t find many controls.
Whether by bus, plane, or car, you can travel within Spain even if you are in an irregular situation.
However, what you should be careful about is a possible police check requiring you to show your documentation (something often independent of crossing from one region to another).
As we saw above regarding the criteria for the expulsion of foreigners in Spain, being stopped by the police and found to be undocumented could be one of the reasons for an expulsion order and sanction.
Therefore, our recommendation if you are in an irregular situation is to try to control your movements as much as possible and seek regularization as soon as possible.
What about traveling around Europe?
As you know, Spain is part of the Schengen Area, which includes a large part of Europe. One of the advantages of this large territory is the free movement of people between the countries that make it up. That is, to go from Spain to France, for example, there are no border controls.
In fact, when you apply for a tourist visa to enter Spain (also known as a Schengen visa), you are applying for a visa that allows you to enter the area in general (even if you specifically enter through Spain).
What does all this mean?
First, that while in an irregular situation you can travel through Europe, as you will most likely not encounter any control that requires you to be documented or have Spanish residency.
However, you must be very careful about this. Because immigration laws vary from country to country, and in certain countries they *could* issue an expulsion order if, upon exiting, they detect that you were in an irregular situation or stop you more frequently.
Therefore, our recommendation is that you avoid traveling through Europe if you are in an irregular situation to avoid any problems.
Some Recommendations
In short, we’ve seen that if the police stop you in the street and you are in an irregular situation (for example, if your 3-month stay in the country has expired), you would receive a fine and would not be expelled.
This is unless you meet one of the conditions mentioned in the previous section.
However, in any case, it is always best to avoid being in this situation and therefore regularize your status.
Obtaining your residence permit may not be easy, but lawyers like those on our team can do everything possible to help you achieve this goal.
