Departure in irregular situation

Irregular Stay and Exit Procedures in Spain: What You Should Know

Spanish legislation establishes sanctioning procedures in the event of an irregular stay in the country. These procedures require a formal resolution and the guarantee of effective judicial protection within the Administrative Law. It is important to bear in mind that only when an administrative sanctioning process has been followed can someone be considered to have been formally sanctioned for irregular stay, which in some cases may include expulsion and prohibition of entry to Spain, with a term of between 3 and 10 years.

Voluntary Departure and Reentry to Spain

A foreigner who exceeds the permitted stay but decides to leave voluntarily does not, in principle, face an entry ban, and could return to Spain if he or she meets the legal requirements. However, this irregular stay affects the possibility of obtaining a short-stay Schengen visa, although there is no reason for it to compromise residence applications processed from the country of origin, as long as there is no entry ban or irregular situation at the time of the application.

Can I Leave Spain If I Am in an Irregular Situation?

If you decide to leave Spain voluntarily while in an irregular situation, you can do so without any problem, as long as you have a valid passport. In some cases, the authorities may stamp your passport indicating that you have been in the country irregularly; however, this stamp does not imply the start of a sanctioning procedure or an expulsion.

The real problem could arise when trying to re-enter the country. Entry as a tourist could be refused if the authorities detect the previous irregular stay. For nationals of countries that require a visa, the Consulate could deny the application if the stamp shows a previous irregular stay.

Authorization to return

In order to apply for a Return Authorization, it is necessary to be the HOLDER of an Initial Residence Card or an Initial Study Stay Card, that our card is expired and that the RENEWAL of the same has been submitted within the legitimate period. Therefore, if what we are processing is an Initial Authorization, whether it is due to exceptional circumstances (Settlement) or not, the issuance of the Return Authorization will not proceed.

It is also possible that we have requested the Modification of one Card to another, for example, from Study Stay to Initial Residence and Work. In this case, if the modification had been submitted within the period established by law, the validity of the card of which we are the holders would be extended until the Resolution of the procedure, so the authorities could issue us the Return Authorization.

Social roots and irregular residence

For those seeking to obtain a Residence Permit for Exceptional Circumstances, it is crucial to consider the history of stays in the country. This procedure requires having resided in Spain for at least three years without absences exceeding 120 days in total. Prolonged departures can compromise this application, and even lead to a denial.

In conclusion, leaving Spain while in an irregular situation implies significant risks for future entry or residence procedures. It is essential to know the requirements and consequences of these decisions to avoid long-term immigration problems.

For more information, contact us about Arraigo procedures and other immigration processes in Spain.