If you are under a Removal Order, or you know someone who is, then you have come to the right place. Here you can find out what are the Requirements to Revoke an Order of Removal.
If you are outside the country, because you were expelled from Spain, or were notified that you have an expulsion order but need to stay in Spain or return to the country. In this article we will tell you what you must do to be legally in Spain again.
Do not think about it anymore, and after reading all the information that we present you, seek advice and focus on doing the corresponding thing to be back in the country.
What are the Requirements to Revoke Removal Order?
If you find yourself in this situation of Expulsion Order, know the Requirements to revoke Order of Expulsion.
It is important to note that the imposition of a ban on entry to the country is not always done together with the sanction of expulsion.
The citizen may have left the country, but the reason for his expulsion is different. The cause is not related to staying in the country irregularly or working without the corresponding work and residence authorization.
There is the possibility of revoking the measure prohibiting entry into Spanish territory, in cases where the foreigner voluntarily left the country within the established period to do so. In addition, that is determined in the legal procedure.
Situations where an expulsion order should be revoked
- If the foreign citizen who is the object of the opening of the file, check that made the request in advance. That is, it was made before the start of the authorization of the temporary residence due to exceptional circumstances.
- In this case, the status of the processing of the application in question must be checked. Likewise, check if you meet the conditions for the permit to be granted. If it is positive then the sanction procedure will be activated, otherwise it will continue in the ordinary way, that is, the fine will be applied.
- The revocation also applies in those processes that have to do with the residence authorizations for exceptional reasons. Particularly for women who are victims of gender violence.
- If it is found that there is an expulsion measure not executed due to the concurrence of the offense provided for in Article 53.1 letters a) and b) of Organic Law 4/2000.
- The measure is revoked once the request is analyzed and the relevance of granting the residence authorization is generated due to exceptional circumstances.
- Likewise, the expulsion order can be revoked in cases of request for residence authorization due to exceptional circumstances other than those mentioned above.
- The process advances, after making the corresponding analysis of the case and reaching the conclusion that there are serious indications about the relevance of the authorization.
- To consult go to web portal of the Ministry of Foreign Relations of Spain.
Why can they expel you from Spain?
According to Requirements to revoke Order of Expulsion, It can be indicated that in Spain there are two ways of expelling foreigners from the territory. There is the judicial route and the administrative route.
For administrative expulsions, a file is opened for two reasons:
Stay in Spain irregularly
If there is a final prison sentence of more than one year, for the commission of a crime. In this particular case, the foreigner is expelled even if he or she has legal residence.
Expulsion from the country through administrative channels as a result of a conviction It is only applicable if the minimum penalty established in the Penal Code for the crime committed is greater than one year.
It is important to clarify that the expulsion from the country becomes effective, once the foreigner has served the respective sentence.
Regarding expulsions of a judicial nature, they are those imposed by a judge and replace the sentence imposed by imprisonment for an irregular situation. This occurs as long as the penalty is less than 6 years.
For this, there is a period of one month for the expulsion to be executed.
Mandatory expulsions from Spain and are as follows:
- The expulsion of foreigners from Spanish territory by judicial means, in the matters provided for in the Penal Code.
- Also, returns agreed by an administrative resolution in matters provided for in the Penal Code.
- Likewise, the administrative refusal of requests made by the foreign citizen to continue residing in Spain, or due to the lack of authorization to remain in the country.
Precautionary Measures to Revoke Expulsion Order
Following with the Requirements to revoke Order of Expulsion, there are precautionary measures adopted by the authorities in order to ensure compliance with the sanctions.
In order to guarantee the resolution of the sanctions procedure, the authorities adopt certain precautionary measures and these are the following:
- The accused must appear periodically before the competent authorities.
- Maintain mandatory residence in a certain site, without being able to do it to another place.
- Identification (passport) is withdrawn.
- Likewise, the accused may be detained in a precautionary manner by the authorities for a maximum period of 72 hours, before the request for admission.
- In addition, may be hospitalized in a preventive manner, with the corresponding judicial authorization.
- The judge may impose any other precautionary measure that the judge considers sufficient and appropriate.
What can the accused do after a sanction?
He has one month after the resolution is issued for the foreign citizen to present a Replenishment resource before the corresponding body. If a fine was issued, it must be paid.
If you are outside of Spain and want to re-enter the country, you must request in writing the cancellation of the measure to avoid a refund.
You can submit a contentious administrative appeal before the Contentious Administrative Court.
The Expulsion Order can be suspended by arraigo. The appeal is appropriate when the affected foreigner has roots in Spain for social, economic or family interests.
Consequences of the Expulsion Order
Continuing with the Requirements to revoke Order of Expulsion, the resolution of the expulsion order has with it the prohibition of permanence in the territory of Spain legally.
Likewise, the denial of any request that has the purpose of authorization to remain in the country and to work legally.
The duration of the prohibition to enter the country is of a duration that is related to the specific case. The validity of this measure cannot be longer than 5 years, with the exception that the expelled person represents a threat of a public nature.
Legal Aspects to Revoke Expulsion Order
In the Requirements to revoke Order of Expulsion, you can review the legal aspects of the expulsion order.
The legal aspects of foreign citizens in Spain is regulated by the Organic Law 4/2000 dated January 11. This law deals with the rights and freedoms of foreigners in Spanish territory., as well as the social integration better known as the Aliens Law.
This law has had numerous reforms, having a current Regulation RD 557/2011 dated April 20, without prejudice to the incidence that for this purpose works for Organic Law 1/2015 dated March 30, of the Penal Code Reform.
Figure of the revocation is contemplated in article 105 of Law 30/1992 of Legal Regime of Public Administrations and Administrative Procedure. The public administration can revoke its unfavorable or encumbered acts.
If a foreigner has children of Spanish nationality or also the spouse or common-law partner have the nationality of one of the countries of the European Community, then you can revoke the expulsion order.
Likewise, if there is an application for arraigo in progress. In some places in Spain, the expulsion order has been replaced by the financial sanction or fine.
An expulsion order can also be revoked ex officio through the Government Sub-delegation, when all the requirements for a residence permit in the country are met.
What is it?
The Expulsion Order It is the penalty imposed on an immigrant citizen for being in Spanish territory, without the corresponding residence authorization.
An Expulsion Order implies the loss of validity of any authorization to be legally in Spain. Likewise, it entails that the file of the procedure that seeks authorization to work or live in Spain of the expelled citizen is filed.
In the country, the forces of order and security when finding a foreigner who does not have a residence permit, instructs him / her through the sanctions process that in some cases may simply end with a fine.
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