Foreigner

Foreigner Procedures

Exercise of the sanctioning power for the commission of the administrative infractions provided for in ORGANIC LAW 4/2000 of 11 January, in accordance with the provisions of Law 30/1992 of 26 November, on the Legal Regime of Public Administrations and Common Administrative Procedure. Open a new window. External link.

By Trade
- The procedure shall be initiated ex officio by agreement of the competent body, either on its own initiative or as a result of the superior order, at the reasoned request of other bodies or by denunciation. The Government Delegates in the Autonomous Uniprovincial Communities, the Sub-Government Delegates, the Commissioner General for Foreigners and Borders, the Chief of Police, the Provincial Commissioners and the holders of local police stations and border posts shall be competent to order the initiation of the sanctioning procedure.
- In the cases qualified as a minor infringement of Art. 52.c), d) and e), serious of article 53.1. b) and 53.2.a), and very serious of 54.1.d) and f), the sanctioning procedure will be initiated by act of the Labour and Social Security Inspectorate, in accordance with the provisions of the sanctioning procedure for breaches of social order, with the imposition of sanctions on Government Delegates or Subdelegates where appropriate.
- In the cases of participation in activities contrary to national security or that may harm the relations of Spain with other countries, foreseen in Art. 54.1.a), in accordance with the provisions of the sanctioning procedure that is determined by regulations, the sanctioning power shall be vested in the Secretary of State for Security.

Basic data of the procedure:
- Type of procedure: Sanctioner and Inspector.
- Resolution of the procedure:
  - Bodies competent to resolve this procedure:
    - Delegates or Subdelegates of the Government in their case.
  - Maximum period for resolving and notifying: 6 months.
  - The resolution of the procedure does put an end to the administrative route.
  - Effect of the lack of resolution in this period: Expiration (start of trade)
  - 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:
      - Before the National High Court
    - Period for lodging an appeal: 2 months from the publication.
Regulations: