Foreigner Procedures
More information
Refusal of entry into Spain.
Control of compliance with the requirements established in the current regulations for entry into national territory.
Requirements and conditions
- Foreigners who do not comply with the requirements for entry will be denied a reasoned and informed decision, with information about the remedies that may be filed against them, the time limit for doing so and the body to which they must be formalized, as well as their right to legal assistance, which may be ex officio in the event that the interested party lacks sufficient financial resources and, where appropriate, an interpreter, who will start at the moment of control at the border post.
- Foreigners who are refused entry in Frontera in accordance with article 26.2 of Organic Law 4/2000, will be obliged to return to their point of origin.
- The resolution of the Refusal of Entry will entail the immediate adoption of the necessary measures for the foreigner to return as soon as possible.
- If the return is to be delayed by more than 72 hours, the Authority that refused entry shall contact the Investigating Judge to determine the place where they are to be detained until that time.
- Places of detention for foreigners shall not be penitentiary, and shall be provided with social, legal, cultural and health services. Interned foreigners will be deprived only of the outpatient law.
- The foreigner during his internment will be at all times at the disposal of the judicial authority that authorized him, and the latter must be informed by the governmental authority of any circumstances in relation to the situation of the interned foreigners.
- The detention of a foreigner for the purpose of returning as a result of the refusal of entry shall be communicated to the Ministry of Foreign Affairs and to the Embassy or Consulate of your country.
- The foreigner who is refused entry into the national territory by the officials responsible for the control, in accordance with the provisions of the international agreements signed by Spain, will be stamped on the passport with a cross of indelible black ink, and must remain in the facilities intended for that purpose at the border post until, as soon as possible, he returns to the place of origin or continues to travel to another country where he is admitted.
How to carry out the procedure
By Trade
Information
Basic data of the procedure:
- Form of initiation: Ex officio.
- Type of procedure: Others.
- Subject of the procedure: ADMINISTRATIVE ACTIVITY.
- Resolution of the procedure:
- Bodies competent to resolve this procedure:
- National Police officers at the border post.
- Maximum period for resolving and notifying: 72 hours.
- The resolution of the procedure does not put an end to the administrative route.
- Regulations governing administrative silence: ORGANIC LAW 4/2000 of 11 January, on the rights and freedoms of foreigners and their social integration.
- Bodies competent to resolve this procedure:
- Resources that can be interposed:
- Alzada
- Organ that resolves the resource: The hierarchical superior.
- Period for lodging an appeal: 1 month.
- Alzada
Regulations:
- ORGANIC LAW 4/2000 of 11 January, on the rights and freedoms of foreigners and their social integration. Open a new window. External link.
- Royal Decree 1155/2024, of 19 November, approving the Regulation of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration. Open a new window. External link.
- EU REGULATION 2016/399, referring to the Community Code of Rules for Border Crossing (Schengen Borders Code). Open a new window. External link.
- Code of the procedure: 994396
All the procedures
All foreigner procedures and procedures
- Foreigner procedures
- Extension of short-term stayForm EX29
- Student Card for Foreigners(Form EX17)
- Allocation of NIE at the request of interested parties.(Form EX15)
- Registration certificate(Form EX16)
- Certificate of Resident(Form EX15)
- Certificate of non-resident(Form EX15)
- Stateless Person's Statute(Form)
- Authorization issuance letter of invitation(Form)
- EU Citizen Registration Certificate(Form EX18)
- Initial card or renewal residence or residence and work(Form EX17)
- Residence card of a family member of a European Union citizen(Form EX19)
- Authorization and renewal of temporary residence due to exceptional circumstances(Form EX10)
- Authorization of Return(Form EX13)
- Long-term residence card(Form EX17)
- More information
- Return of Foreigners
- Prohibition of departure
- Prohibition of entry
- Refugee identity document, subsidiary protection and stateless person
- Travel document for refugee, subsidiary protection and stateless persons
- Document Letter of Invitation
- Authorization of registration of undocumented persons
- Exceptional entry authorisation
- Exceptional authorisation for a short stay
- Visa processing transit/stay at the border
- Refusal of entry to Spain
- Expulsion of foreigners
- Penalizing Foreigners
- Foreigner Tax
- Documentation and Information