In situations where a foreign national is detained upon arrival at a Spanish airport, the process typically involves non-compliance with the entry requirements set by immigration laws. This may occur for various reasons, such as insufficient or improper documentation or failure to justify the purpose of the stay. At this critical moment, having the support of a lawyer specializing in immigration law is essential, particularly if the detention takes place at major international airports like Madrid-Barajas Adolfo Suárez, El Prat de Llobregat, or Valencia-Manises.
Why Do Detentions Occur at Airports?
Detentions at airports happen when a traveler fails to meet the established requirements for entering Spain. This can result in denied entry or, in more severe cases, an order for return or expulsion. These measures are intended to ensure that foreign nationals entering the country comply with the legal conditions necessary for their stay.
Common Reasons for Detention at the Airport
There are several reasons why entry into Spain may be denied, leading to the detention of the individual and their return to their country of origin. Some of the most common situations include:
- Insufficient Economic Means
- Foreign nationals must demonstrate they have a minimum amount of money to cover their stay in Spain. This amount is calculated based on the Interprofessional Minimum Wage (SMI) and is multiplied by the number of days of stay and the number of dependents.
- Invalid or Incomplete Travel Tickets
- If the traveler does not present nominative, non-transferable, and confirmed round-trip tickets, or if they lack a required visa, entry may be denied.
- Previous Entry Ban
- If the foreign national has previously been expelled from Spanish territory and remains under an entry ban, they will be detained and returned.
- Invalid or Missing Documentation
- Travelers without a valid passport or a required invitation letter (for tourism purposes) may also face detention.
- Irregular Immigration Situations
- Attempting to enter Spain illegally, such as being intercepted on a boat or hiding in a truck, will result in immediate detention.
Types of Airport Checks
Entry checks for foreign nationals in Spain are governed by the Immigration Law and the Schengen Agreement. Border agents at airports carry out various verifications to ensure that all entry requirements are met, such as:
- Travel Documentation: The traveler must present a valid passport or an equivalent document, depending on the type of visa required.
- Purpose of Stay: The purpose of the trip is verified through supplementary documentation, such as hotel reservations, invitations, work contracts, or course enrollments.
- Sufficient Economic Means: The traveler must prove they have the financial resources necessary to cover their stay in Spain.
- Visa Compliance: Depending on the traveler’s nationality, a visa may be required to enter Spain and must be properly fulfilled.
Procedures for Detention at Madrid Airport
If a foreign national does not meet the entry requirements, they may be denied entry into the country and returned to their country of origin on the next available flight. This measure, known as deportation, is one of the most common forms of detention at the airport.
If the rejection occurs due to failure to meet requirements, a deportation order may be issued. In such cases, it is essential for the individual to contact an immigration lawyer as soon as possible. Proper legal assistance helps detainees understand their rights and available options.
What to Do If You Are Detained at the Airport
Detention at the airport can be a stressful process, but with the help of a specialized lawyer, foreign nationals have the opportunity to appeal and contest the denial of entry. Some areas where an immigration lawyer can assist include:
- Document Review: Ensuring that all submitted documentation complies with the legal requirements for entry.
- Appeals and Challenges: Depending on the case, a recurso de reposición or a contentious-administrative appeal can be filed if the denial is deemed unjustified.
- Immediate Legal Advice: A lawyer can provide advice on available options and assist in handling the legal procedures necessary to reverse the situation.
How Can I React If Detained at the Airport?
If you find yourself in a detention situation at the airport, it is crucial to know your rights and how to proceed:
- Right to Legal Assistance: You have the right to contact a lawyer specializing in immigration and foreign affairs. In the event of detention, our lawyers can provide advice and legal representation from the moment the denial of entry is notified.
- Right to an Interpreter: If you do not speak Spanish or require assistance to understand the procedure, you can request the presence of an interpreter who will help you comprehend the denial resolution and the deportation process.
- Appeal Against Denial of Entry:A denial resolution does not exhaust all administrative avenues. You may appeal it within the established timeframe, and our lawyers are available to guide you through this process.
Importance of the Presence of a Specialized Immigration Lawyer
When a foreign national is detained at the airport, it is crucial for an immigration lawyer to act quickly. The lawyer must be prepared to intervene on-site, review the documentation, and submit the appropriate appeals as swiftly as possible.
If detention occurs at a major airport such as Madrid-Barajas, Barcelona-El Prat, or Valencia-Manises, the detained individual will have access to a phone to contact family members. This is the time to seek legal assistance by calling an expert immigration lawyer for immediate support.
How Can Our Lawyers Help You?
Our specialized immigration and foreign affairs lawyers are available 24/7 to assist you. We handle:
- Representing you during the detention process.
- Filing appeals and motions against the entry denial resolution.
- Managing the return process to your country in an orderly manner with minimal inconvenience.
Available Resources in Case of Detention
When a foreign national is detained and entry is denied, the Head of Service will notify the individual of the denial resolution, outlining the reason for rejection and the deadlines for filing appeals. The available appeals include:
- Appeal for Reconsideration: This appeal can be filed with the same authority that issued the resolution within one month.
- Contentious-Administrative Appeal: This appeal can be filed with the National Court within two months.
Consequences and Sanctions for Airport Detention in Spain
The consequences of detention can be severe. In some cases, the individual may be expelled from Spain or deported to their country of origin. Expulsion may also include a ban on entering the national territory for a specified period, typically five years in normal cases, though it could extend to ten years in exceptional cases.
When Can Entry to Spain Be Denied?
There are several reasons why authorities may deny a foreign national entry at the airport, including:
- Invalid Passport or Visa: If travel documents do not meet the established requirements.
- Failure to Justify the Purpose of Stay: If sufficient documentation to demonstrate the purpose of the trip is not provided.
- Insufficient Economic Means: If the individual cannot prove they have adequate resources for their stay.
- Entry Ban: In cases involving a criminal record or situations affecting public security.