When a foreign citizen is in an irregular situation in Spain, they can be expelled from our country and returned to their country of origin. Consequently You can be detained by the Police who will initiate your sanctioning file that can culminate in expulsion.Therefore, it is essential that you have the advice of a lawyer in this situation, who can advise you correctly about your possibilities.
Well, the fact of being arrested and starting a sanctioning file does not always and unequivocally entail the expulsion of the foreign citizen from our country, but rather, all the circumstances why he is in Spain, whether he has family members or not, are especially relevant, since when he is in our country…. and along with this, his lawyer must exercise a correct defense based on his circumstances in order to continue in our country.
You must bear in mind that two circumstances may arise: first, that six months after your arrest you have not been notified in writing of the sanction (which may be a fine or expulsion), you can no longer do so, the procedure has expired, and before it You must contact your lawyer so that he can give you the expiration date of the file., which must be kept for later evidentiary purposes. Second, that a fine or expulsion order be issued. In this case, it is of great importance to contact a professional as soon as possible in order to study and defend your case.
The expulsion order can be appealed within a month of its notification, before the Police and finally, an appeal can be filed before the Judge, where all the circumstances and reasons why you are in our country will be explained. Likewise, paying the fine does not mean obtaining a residence permit in Spain, or becoming in a “legal” situation in our country, but rather that said file is closed, but you will continue to be in an irregular situation and may be detained. again and start a new procedure.
If you find yourself in any of these situations, do not hesitate to contact our team. lawyers in Murcia that you will be advised on the procedure to follow, and on the possibilities of avoiding expulsion as well as requesting a residence permit.
