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 available to them, the time to do so and the body to which they are to be formalized, as well as their right to legal assistance, which may be ex officio in the event that the person concerned lacks sufficient financial resources and, where appropriate, an interpreter, who will begin at the very moment of control at the border post.
- Foreigners who are refused entry in Frontera in accordance with the provisions of 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 involve the immediate adoption of the necessary measures so that the foreigner returns as soon as possible.
- When the return is to be delayed by more than 72 hours, the Authority which refused entry shall address the Examining Magistrate to determine the place where they are to be detained until that time.
- Places of detention for foreigners shall not be prisons, and shall be provided with social, legal, cultural and health services. Interned foreigners will be deprived of the out-patient right.
- The foreigner during his internment is at all times at the disposal of the judicial authority which authorized him, and the latter must be informed by the governmental authority of any circumstances relating to the situation of the aliens interned.
- 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.
- A 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 his passport with an entry stamp marked 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
Of Office
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:
- Officials of the National Police of the border post.
- Maximum period for resolving and notifying: 72 hours.
- The decision on the procedure does not put an end to the administrative procedure.
- 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 appeal: The hierarchical superior.
- Time-limit for lodging the 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 557/2011, of 20 April, approving the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, following its amendment by Organic Law 2/2009. Open a new window. External link.
- EU REGULATION 2016/399, in reference 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 the formalities and procedures of foreigners
- Foreigner procedures
- Extension of short-term stayForm EX00
- Student card for foreigners starting or renewing(Form EX17)
- Assignment of NIE at the request of interested party.(Form EX15)
- Certificate of registration(Form EX16)
- Certificate of Resident(Form EX15)
- Certificate of non-resident(Form EX15)
- Statue of Stateless Person(Form)
- Authorisation issuance invitation letter(Form)
- EU citizen registration certificate(Form EX18)
- Initial card or renewal residence or residence and work(Form EX17)
- Residence card for a relative of a citizen of the European Union(Form EX19)
- Authorization and renewal of temporary residence for exceptional circumstances(Form EX10)
- Authorization of Return(Form EX13)
- Long-term residence card(Form EX11)
- 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 person
- Document Letter of Invitation
- Authorization of registration of undocumented persons
- Exceptional authorisation of entry
- Exceptional authorisation for a short stay
- Visa processing transit/stay at the border
- Refusal of entry into Spain
- Expulsion of foreigners
- Sanctioning in the matter of foreigners
- Foreigner Fees
- Documentation and Information