Foreigner

Foreigner Procedures

Exercise of the sanctioning power by the commission of the administrative infractions provided for in ORGANIC LAW 4/2000 of 11 January, complying 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.

Of Office
- 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 complaint. The Government Delegates in the uniprovincial Autonomous Communities, the Government Subdelegates, the Commissioner General for Foreigners and Borders, the Superior 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 described as a minor infraction of Art. 52.c), d) and e), severe articles 53.1. b) and 53.2.a), and very serious articles 54.1.d) and f), the sanctioning procedure will be initiated by the Labour and Social Security Inspectorate, in accordance with the provisions of the sanctioning procedure for breaches of the social order, 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 prejudice Spain’s relations with other countries, provided for in Art. 54.1.a), in accordance with the provisions of the sanctioning procedure that is determined by regulations, the sanctioning authority 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:
    - Government Delegates or Sub-Delegates, if applicable.
  - Maximum period for resolving and notifying: 6 months.
  - The decision on the procedure does put an end to the administrative procedure.
  - Effect of the lack of resolution in this period: Expiration (beginning of office)
  - 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:
      - Before the National Hearing
    - Time-limit for lodging the appeal: 2 months from the publication.
Regulations: