Appeals against expulsion orders
For those who have received an expulsion order and want to appeal against it or have it suspended.
Appealing against an expulsion order
Non-EU nationals in an irregular situation who receive an expulsion order can appeal against it to register their disagreement with the decision and try to legalise their situation while the appeal is pending. Interim measures suspending the order can be requested, and the Government Sub-delegation can revoke it if the requirements for a residence authorisation in Spain are met.
Benefits of an administrative appeal
- Appealing prevents the decision ordering expulsion from becoming final.
- During the appeal, a residence and work authorisation can be applied for to regularise the situation.
- An interim or urgent interim measure can be requested if the expulsion order is about to be enforced.
Requirements and deadlines
- One month from receipt of the expulsion decision for the administrative appeal (recurso de alzada) or the appeal for reconsideration (recurso de reposición).
- Two months from receipt for judicial review before the Administrative Courts of the province where the order was issued.
- Drafting the pleadings and providing the relevant evidence to rebut the decision.
- The administrative appeal can be filed in person or through an authorised professional; judicial review requires a qualified lawyer.
What the service includes
Initial study and advice throughout the process; drafting of the administrative appeal and/or the judicial review before the courts; review of the previous and new documentation; representation before the police, the courts and the authorities; receipt of the reply, whether tacit or express, and attendance at the hearing. It does not include the cost of translations or other professionals, or obtaining foreign documents.
The expulsion order
It is common for non-EU nationals in an irregular situation to receive an expulsion order. Although it is an administrative penalty, the person is arrested and booked by the police and held at the police station until their lawyer arrives for the reading of rights and the start of the penalty proceedings. The order may be ordinary or preferential, and the deadlines for appealing depend on that, which both the officer and the lawyer must explain. It requires you to leave Spain within a set period and carries an entry ban of variable length, never longer than five years.
Pleadings are filed first, within 15 days or 48 hours depending on whether the expulsion is ordinary or preferential. If they fail or the proceedings lapse, there remains the appeal for reconsideration and, if that is unfavourable, judicial review to challenge the situation before the courts.
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Tell us where you are and what you want to achieve. We will start by understanding which route makes sense for you.
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