Have you arrived to Spain and been denied entry? Have they put you in a holding facility in the airport (called a ‘sala de inadmitidos’)? What can you do?
What is a ‘sala de inadmitidos’?
A ‘sala de inadmitidos’ is a space to hold travellers who arrive at the Spanish border without the appropriate documents to gain entry. They are denied entry as they are treated as crossing the border illegally (due to not meeting entry requirements), whether at an airport or port.
The spaces are meant to have the basic services necessary for a short stay, including beds, bathrooms and kitchens. The facilities are not meant to be of a criminal nature, but the travellers are not allowed to leave whilst the migration agents make their decision.
Why have I been denied entry to Spain?
If you are not from a country within the European Union or Schengen Area, you may have been denied entry to Spain for not having one or more of the following:
A current valid passport
The correct visa
Hotel reservations or an invitation letter
A return ticket to the country of origin
Valid medical insurance or health certificate
Enough euros (or foreign currency equivalent) to support yourself when you are in Spain.
You also may be rejected if you have already spent 90 days in EU member states during the past 180 days.
What happens if I am denied entry?
An elaborate report is written by migration border agents. The report contains information about you and your situation. Once a decision is made, you will be given an official document containing the reasons for the decision.
If you do not have the necessary documentation, you will be expelled from Spain within 72 hours, as long as there is a way to return you within this timeframe. The airline with which you arrived in the country is the one with which you return.
The embassy of your country of origin will be notified. They will help to proceed with the return.
Nonetheless, in some cases the migration agents could decide to issue a decision to admit the foreigner into the country.
Do I need legal advice? How do I appeal?
If you or your loved one has been denied entry and put into a ‘sala de inadmitidos’, you should approach a lawyer as quickly as possible. These cases are very time-pressured because those denied entry can be returned to their country of origin within 48 or even 24 hours. The sooner legal aid is sought, the more chance there is of being listened to by a judge before expulsion. The lawyer will try to show that during the detainment, the rights of the detained have not been respected, or that there has been some error in the administration proceedings or reason why entrance was denied.
If you or they have already been returned to their country of origin, contact a lawyer to start the appeal process. The traveller, in their expulsion decree, will have received the following information surrounding appeals:
The time period they have to do the appeal
Which authority to appeal to
What rights to legal aid they have
The right to an interpreter
You can appeal the decision of expulsion before the Director General of the Police. It can be presented in person before the Spanish Consulate or Diplomatic Representatives of the country where you live. Additionally, it can be done through an authorised representative in Spanish territory.
If the administrative procedure is not successful, a contentious-administrative procedure can be filed.
DISCLAIMER: This article is not considered official legal advice and it might not be up-to-date. If you have any questions or need legal advice in this matter, please contact us on rpinera@pineradelolmo.com
Our lawyers would be happy to help you.
Piñera del Olmo
c/ Aribau 114, entlo (mezzanine) 2ª
08036 Barcelona
Phone: +34 93 514 39 97
Fax: +34 93 127 07 66
Email: rpinera@pineradelolmo.com