Immigration Penalty
Proceedings
Immigration penalty proceedings can have very serious consequences: from financial penalties through to removal from Spain with a ban on entering the EU. Specia…
Immigration penalty proceedings can have very serious consequences: from financial penalties through to removal from Spain with a ban on entering the EU. Specialist legal defence, obtained early, is essential to protect your rights.
Infringements and penalties
The Immigration Act classifies infringements as minor, serious and very serious. Penalties include fines from 500 to 100,000 euros and removal from Spain with a ban on entry of up to 10 years. Unlawful stay, working without a permit and failing to renew on time are among the most common infringements.
Removal orders
Removal is the most serious penalty and entails compulsory departure from Spain and a ban on entering the whole Schengen area. There are, however, lawful grounds on which to oppose it: established ties in Spain, personal and family circumstances, and the principle of proportionality. A properly argued defence can have removal replaced by a fine.
The procedure
Penalty proceedings begin with a decision to open the file, which is served on the person concerned, who then has a period in which to submit representations. Acting quickly is essential: representations must be robust and soundly based in law. At AbogadosDVA we step in from the outset to maximise the chances of a favourable outcome.
Appeals
If the decision is unfavourable, appeals can be lodged: first through the administrative route (an optional application for reconsideration) and then before the administrative courts. It is also possible to apply for interim measures to suspend enforcement of the removal while the appeal is decided.
Requirements and documents
The requirements and the documents you will need vary with the circumstances of each case. To find out what applies to yours, get in touch with the firm and we will advise you personally.
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