Can I be expelled from Spain?
Whenever the reasons of public policy, public safety or public health are dictated, one of the following measures may be taken in relation to citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Space, and/or to its family members:
- Preventing entries into Spain, even if the interested parties submit the required documentation,
- Refusing registrations in the Central Registry of Foreigners (residencia), or the issuance or renewal of residence cards,
- Ordering the expulsion or return of the Spanish territory.
An expulsion decision may only be adopted with regard to citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, or members of their family, irrespective of nationality, who have acquired the right to permanent residence in Spain, if there are serious reasons on grounds of public policy, public security or public health.. Likewise, before adopting a decision in this regard, the duration of the residence and social and cultural integration of the interested party in Spain, their age, state of health, family and economic situation, and the importance of the links with their country of origin.
You can be expelled from Spain due to European laws
These are not Spanish laws but European laws, according to the COMMON POSITION (EC) No 6/2004 adopted by the Council on 5 December 2003.
Those persons who have been the subject of a decision prohibiting entry into Spain may submit a request for a lifting of the entry ban within a reasonable period that will be determined by the competent authority according to the circumstances and that will be included in the resolution by which the entry ban is determined. The request to lift the entry ban will be made with an allegation of the reasons that demonstrate a material change in the circumstances that justified the prohibition of entry into Spain. In any case, said request may be submitted after three years from the execution of the decision prohibiting entry into Spain.
The competent authority that resolved the entry ban must resolve this request within a maximum period of three months from its submission.
During the time in which said request is examined, the affected party can not enter Spain.
The continuity of the residence will be interrupted by any expulsion resolution validly executed against the interested party. In cases where an expulsion decision is to be executed more than two years after it was issued, the competent authorities must check and assess possible changes in circumstances that may have occurred from the moment the expulsion decision was adopted, as well as the reality of the threat that the interested party represents for public policy or public safety.
The adoption of one of the measures foreseen in the previous sections will be based on the following criteria:
- It must be adopted in accordance with the law regulating public policy and public safety and the current regulations in this area,
- It may be revoked ex officio or at the request of a party when the reasons for its adoption cease to exist,
- It can not be adopted for economic purposes.
When adopted for reasons of public order or public safety, they must be based exclusively on the personal conduct of the person who is the object of those, which, in any case, must constitute a real, current and sufficiently serious threat that affects a fundamental interest of the company, and that will be valued, by the body competent to resolve, based on the reports of the police, prosecutorial or judicial authorities that are in the file. The existence of previous criminal convictions will not, by itself, be grounds for adopting such measures.
An expulsion or repatriation decision may not be adopted with regard to citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, unless there are compelling reasons of public security, in the following cases:
- If you had resided in Spain during the previous ten years, or:
- If he/she is a minor, except if the repatriation is in accordance with the best interests of the minor, not having said repatriation, in any case, sanctioning character.
The expiration of the identity document or passport with which the interested party made its entry into Spain, or, where appropriate, the residence card, can not be cause for expulsion.
The only diseases or diseases that can justify the adoption of any of the measures envisaged above will be diseases with epidemic potential, as defined in the corresponding instruments of the World Health Organization, as well as other contagious infectious or parasitic diseases, in accordance with current Spanish legislation.
Illnesses that occur after the first three months following the date of arrival of the interested party, can not justify expulsion from Spanish territory.
In individual cases in which there are serious indications that justify it, the affected person may be subjected, within three months of the date of arrival in Spain, to a free medical examination to certify that he/she does not suffer from any of the diseases mentioned in this section. These medical examinations may not be required on a systematic basis.
Non-EU citizens who can be expelled from Spain
When offenders are foreigners and carry out behaviors of those classified as very serious (we must take into account in Spain there are 3 kinds of illegal infractions: mild, serious or very serious infractions) or serious behaviors as provided for in paragraphs 1 to 5, may be applied, in accordance with the principle of proportionality, instead of the penalty of fine, the expulsion from Spanish territory, prior to the processing of the corresponding administrative file and through a reasoned decision that assesses the facts that make up the infraction.
Likewise, it shall constitute grounds for being expelled from Spain, prior to the processing of the corresponding file, that the foreigner has been convicted, inside or outside of Spain, for willful misconduct that constitutes in our country an offense punishable by imprisonment of more than one year, unless Criminal records would have been canceled.
In no case may expulsion and fines be imposed jointly.
The expulsion will entail, in any case, the extinction of any authorization to remain legally in Spain, as well as the filing of any procedure that had as its object the authorization to reside or work in Spain of the expelled foreigner. However, the expulsion may be revoked in the cases that are determined by regulation.
PURPOSES OF EXPULSION
The expulsion will entail the prohibition of entry into Spanish territory and the territories of the States with which Spain has signed an agreement in that sense. The duration of the prohibition will be determined in consideration of the circumstances that concur in each case and its validity will not exceed five years.
Exceptionally, when the foreigner poses a serious threat to public policy, public safety, national security or public health, a period of entry ban of up to ten years may be imposed, following a report from the General Commissariat of Foreigners and Borders. .
However, the competent authority will not impose the prohibition of entry when the foreigner has left the national territory during the processing of an administrative sanctioning file for any of the cases contemplated in letters a) and b) of article 53.1 of the Organic Law 4 / 2000, of January 11, or revoke the prohibition of entry imposed by the same causes, when the foreigner leaves the national territory within the period of voluntary compliance provided in the expulsion order.
The resolutions of expulsion of the national territory that are dictated in procedures of ordinary procedure will contain the term of voluntary fulfillment so that the foreigner leaves the national territory, that will oscillate between seven and thirty days and will begin to pass from the moment of the notification of the aforementioned resolution may be extended in response to the circumstances that arise in each specific case, such as the duration of the stay, the existence of other family and social ties or have charge of school children, in which case, the execution of the Expulsion penalty until the end of the academic year unless the other parent is resident in Spain and can take care of them.
No matter where you come from and what your status in Spain is. According to European laws, you can be expelled from Spain for less than you think. Be a good boy/girl and enjoy your life in Spain.
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