Foreigner Procedures

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Prohibition of Departure

Prohibition of the departure of foreign citizens in different cases previously included in the Law.

  • Foreigners involved in legal proceedings for the commission of crimes in Spain, except in the cases of art. 57.7 of Organic Law 4/2000, of January 11, when the judicial authority authorized their departure or expulsion.
  • Those of foreigners convicted of crimes in Spain to the penalty of deprivation of liberty and reclaimed, whatever the degree of execution of the sentence, except in the cases of art. 57.7, of Organic Law 4/2000, of 11 January, and the application of conventions on the enforcement of penalties in the country of origin to which Spain is a party.
  • Foreigners sought and, where appropriate, detained for extradition by the respective countries, until the appropriate resolution is issued.
  • The cases of suffering from contagious disease that, according to Spanish legislation or international conventions, impose the immobilisation or compulsory internment in an appropriate establishment.
  • By Trade
  • Basic data of the procedure:
    • Form of initiation: Ex officio.
    • Type of procedure: Others.
    • Resolution of the procedure:
      • Bodies competent to resolve this procedure:
        • They will be adopted individually by the head of the Ministry of the Interior, as the case may be, on his own initiative, at the request of the head of the Secretariat of State for Immigration and Emigration, of the head of the Secretariat of State for Security, of the Delegate or Subdelegate of the Government, of the health authorities or at the request of Spanish citizens and foreigners residing legally in Spain who may be harmed, in their rights and freedoms, by the departure of foreigners from Spanish territory.
      • The resolution of the procedure does 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.
    • Resources that can be interposed:
      • Replacement potestative of replacement
        • Organ that resolves the resource: Organ that dictated the act.
        • Period for lodging an appeal: 1 month express act, 3 months presumptive act.
      • Contentious - Administrative
        • Organ that resolves the resource:
          • Contentious Court - Administrative.
          • Central Administrative Litigation Courts; Administrative Litigation Chambers of the High Court of Justice.
          • Administrative Litigation Division of the National High Court; Administrative Litigation Division of the Supreme Court.
        • Period for lodging an appeal: 2 months.
  • Regulations:

All the procedures

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All foreigner procedures and procedures

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