Requirements to revoke an Order of Removal: Find out what you need to know

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The law applies to everyone and if it is not followed, the consequences have to be paid. If you are a foreigner, you have to pay if you break the law. To better understand this, here we will talk about the Requirements to revoke Order of Removal.

What is the Removal Order?

The expulsion order is the administrative procedure. Where he expels any foreigner who has broken the law. Of course, if the culprit did not comply with the provisions of the options a, b, c, d and F in section Infringements and sanctions.

This is a process where a file has to be opened to establish a conviction for the defendant. Not counting that the defendant has to serve a year in prison, only his files have been deleted.

If the offense committed by the accused is very serious, they can be seen in options to and b of the section of infractions and sanctions. (This does not apply if the violation has to do with public order or national security). He also has permanent residence or any other document that allows him to stay in the country. You lose that right and have to return to your country of origin.

What are the reasons for issuing an Order of Removal?

The reason for issuing the expulsion order is because I violate the laws of Spain, but in the country there are several laws and there are only a few that by not complying with them are sufficient grounds to be expelled from the country. These are the reasons why a person is expelled from Spanish territory:

  • You are not legally in the country, that is, you do not have any of these residence permits:
    • Extension of stay.
    • Residence authorization or that it has expired for more than three months. If you have a document that validates the request for the extension
  • If you are working in the country without having the authorization to carry out this type of activity, also if you do not have a prior authorization if you do not have the residence.
  • Hide information or give false information where it may affect marital status, change of nationality or address.
  • Failure to comply with public security measures at the border, in the periodic presentation, or in the population centers specifically specified.
  • If he is guilty of the same minor offense for the third time, in a period of less than one year.
  • Participate in activities that compromise the security of Spain and other countries and all those activities that have to do with disturbing public order according to organic law 4/2015.
  • Being a member of clandestine immigration, it does not matter if this activity is only promoted, induced, facilitated or promoted, in order to earn your own finances.
  • Perform activities that are based on discrimination, whether based on race, nationality, religion, or race. In addition to breaching the Organic Law on Immigration in its article 23.
  • Hire workers who do not have residency or permission to work in the country.

What should I do if I receive an Order of Removal?

Best to avoid a expulsion order It is not attracting the attention of the authorities and going unnoticed most of the time. As luck sometimes is not the best companion and you have to find the best possible solution.

So the best thing to do is to follow these tips where you know what to do when an official detains you for an immigrant:

  • Immigrants who are in Valladolid, the best thing to do is not to carry any identification documents so they do not know what the nationality of the person is and the expulsion order is delayed a bit.
  • Call the person, whether a friend or family member, to help you find a good lawyer.
  • Show that since you are in Spain you have had a good behavior, for this you have to be with the lawyer in the section.
  • Then the judge who hears the case verifies the evidence and will decide whether to approve the expulsion order or not, you have to wait from 48 hours to 15 days *.
  • When the judge presents his decision, the administrative litigation must be shown.
* There are occasions that the judge does not respond and it will be late up to 6 months, then the case goes to a prescribed procedure

This means that the expulsion order does not arrive as a letter in the mail, it begins with the arrest at the commissary and then a trial where it is decided or not to issue the exclusion order.

If the answer is positive regarding the exclusion order and there is nothing that can prevent it, the immigrant has to return to their country of origin.

What are the requirements to revoke an Order of Removal?

Despite the fact that the expulsion order has already been imposed, there is a possibility that said order will not be complied with, but the immigrant has to comply with the requirements to revoke expulsion order.

To clarify what was mentioned above if there is a possibility to revoke this explosion of the country, so the dream of being in Europe can be completed or simply continue living in Spain as a refuge. These are the requirements:

  • Be a worker who has no criminal record.
  • When the application for a permit for an application is in process.
  • Have a child or a partner who has Spanish nationality or a European country.

As you can see, there are very few things that can serve to avoid an expulsion order, but they are amounts for anyone who is not totally legal in Spain, if you comply with what has just been mentioned it is likely that you can stay longer in this country.

How to revoke an Order of Removal?

If the immigrant person meets the requirements to revoke expulsion order already mentioned above, you have to seek advice from a lawyer so that you can consider the following, where you can avoid expulsion from Spain and do what was done in this country. These are the two ways in which the order can be revoked:

  1. Presenting resource of proportion, which has to be presented in court where the sentence was issued or the place where it was issued. This process must be carried out a maximum of one month after having imposed the sentence.
  2. Paying the fineThere are times when the government imposes a fine in these cases. If you are out of the country, you have to pay the fine again and present the contentious administrative appeals in the courts to revoke it. expulsion order.

What is the importance of revoking an Order of Removal?

It is very important to revoke the expulsion order because it is an impediment for a person who does not have Spanish nationality, to be in the country without any problem with an entity in charge of migration.

Since no one can be in a country for longer than agreed and that is why there is this type of sentence, so the best thing to do is avoid them by complying with the immigration laws.

As the expulsion order If you have a foreign person in a country, he or she cannot enter the country from which the order was issued against the person who has the same, for this and more, he has to do everything legally possible to revoke the expulsion order.

Due to this type of legal procedure, a person always has to have all his papers when he is in a foreign country, thus avoiding these types of procedures that are cumbersome.


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