This article is perhaps one of the most important within our entire blog. For it is entirely possible that, as a foreigner, you can be stopped by the national police and be expelled from the country under certain specific assumptions.
Below we will explain how to avoid this.
We will analyze what exactly are these expulsion criteria updated for this year so that your status in the country does not suffer any kind of risk, and we provide you with the most important tip to avoid any related legal problem.
If I am in an irregular situation and the police stops me, can I be expelled from the country?
The answer is yes, the national police can expel you if you are found in an irregular situation, but unlike what happened until very recently, only being in an irregular situation is not a sufficient condition for such expulsion to take place.
Thanks to a judgment from the EU Court of Justice, the conditions for the expulsion of a non-EU citizen are now much stricter.
Previously, the fact of being in an irregular situation would be sufficient cause to initiate such a procedure.
However, nowadays the general rule establishes that this would imply a big fine; but, only if in addition to being in an irregular situation you find yourself in any of the cases that we will now see would the expulsion be initiated.
It is important to mention that this expulsion consists of an administrative sanctioning procedure.
When and how would I be expelled from Spain as a foreigner?
So, in general, if the police stops you and you are in an irregular situation in Spain, you would simply receive a fine (ranging from 500 to 600€ approximately).
But if in addition to being in an irregular situation you fall under any of the following situations, then the national police would expel you from the country:
- If the foreigner is arrested after committing any kind of crime, and has a criminal record
- If once arrested by the national police, the foreigner lies about his nationality
- If the foreigner has re-entered Spain when he was within a period of prohibition of entry for a previous case
- If she has no address and no documentation (i.e., she is undocumented while walking through the street, without a passport)
- If it is impossible to prove how and when she entered the Spanish territory. In this sense, it is very important to always be able to justify how the entry to the country was made and to verify that it was through an authorized route on a specific date.
The best advice to avoid an expulsion
To summarize, we have already seen that if the police stops you in the street and you are in an irregular situation (for example if your 3 months of stay in the country have ended) they will impose a fine and will not expel you.
That is unless you meet any of the conditions of the previous paragraph.
However, whatever the case may be, it is always advisable to avoid being in this situation and to regularize your status.
Getting your residence permit may not be easy, but lawyers like the ones on our team can do their best to help you achieve this goal.
So, get in touch and we will help you right away!
Get in touch with our lawyers and let us guide you step by step: