jueves, 19 de febrero de 2015

DEPORTATION OF FOREIGNERS


Immigration laws anticipate the deportation of foreigners in the following scenarios:


  • When commit serious or very serious illegal conducts.  This may result in expulsion following appropriate administrative proceedings and written determination that address the facts of infringement.

  • When they have been convicted of an offense punishable by law inside or outside of Spain and sentenced to more than one year of imprisonment, unless their criminal record has been wiped clean.  

The deportation of foreigners leading to the invalidation of any type of Spanish legal residence authorization or the archiving of any requested residence or work permit in Spain, shall not be imposed upon any of the following:

  • People born in Spain who have resided in the country for the last five years

  • Long-term residents

  • People of Spanish origin who have lost Spanish nationality

  • Recipients of a permanent work disability benefit due to a labor accident or occupational disease contracted in Spain, or recipients of an unemployment benefit or a pubic economic benefit issued for their social or labor integration or reintergration.

*It is important to note that those who do fall under one of the aforementioned examples will and shall be subject to deportation if they have committed one of the following serious offenses:

  • An infringment concerning national security
  • An offense jeopardizing Spain's relations with other countries
  • A serious offense involving activities contrary to public order foreseen as very serious or recurring acts within one year of the initial one

Deportation shall not be imposed upon the spouse of the accused if he has legally resided in Spain for over two years nor will it affect his ascendants or underage children, or his disabled children of age who are not capable of providing for themselves due to their mental state.

In cases where it would violate the principle of non-refoulement or where it may affect the health or gestation period of pregnant women, the expulsion will come with a ban on entry into Spanish territory of no more than five years.

Exceptionally, when the foreigner poses a serious threat to public order, public security, national security, or public health, then he may be banned from re-entering the country for up to ten years.


Translated by: Katherine Pascal







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