Foreigner Procedures

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Prohibition of Departure

Banning the departure of foreign nationals in various cases previously covered by the Act.

  • Foreigners engaged in legal proceedings for the commission of crimes in Spain, except in the cases of art. 57.7 of Organic Law 4/2000, of 11 January, when the judicial authority authorizes his departure or expulsion.
  • Those of foreigners sentenced for the commission of crimes in Spain to deprivation of liberty and claimed, 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 those implementing conventions on the enforcement of penalties in the country of origin to which Spain is a party.
  • Those of foreigners sought and, where appropriate, detained for extradition by the respective countries, until the appropriate decision is made.
  • Cases of suffering from a contagious disease which, in accordance with Spanish legislation or international conventions, impose the immobilisation or compulsory confinement in an appropriate establishment.
  • Of Office
  • 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 shall be adopted individually by the head of the Ministry of the Interior, as appropriate, on his own initiative, at the request of the head of the Ministry of Immigration and Emigration, the head of the Ministry of Security, the delegate or subdelegate of the Government, 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 decision on the procedure does 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.
    • Resources that can be interposed:
      • Potestative replacement of replacement
        • Organ that resolves the appeal: Organ that dictated the act.
        • Time-limit for lodging the appeal: 1 month express act, 3 months presumptive act.
      • Contentious - Administrative
        • Organ that resolves the appeal:
          • Contentious Court - Administrative.
          • Central Administrative Litigation Courts; Administrative Litigation Chambers of the High Court of Justice.
          • Administrative Litigation Chamber of the National Court; Administrative Litigation Chamber of the Supreme Court.
        • Time-limit for lodging the appeal: 2 months.
  • Regulations:

All the procedures

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All the formalities and procedures of foreigners

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