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EXPULSION DEFENCE · COSTA DEL SOL

A deportation order can be fought — in 48 hours, not next week.

If an expulsion file has been opened against you under the preferential procedure, the period to answer it is measured in hours. If an order has already been issued, it can still be appealed and, where enforcement is imminent, suspended. We defend expulsion files and appeal orders in English, from Fuengirola.

The paperwork you were handed at the station is not a formality to read later. It has a date on it, and the date is the case.

WHAT WE DO

Four things, roughly in this order

Naming the procedure, catching the deadline, building the defence, and then dealing with the ban that outlasts all of it.

Work out which procedure you are actually in

Expulsión, devolución and denegación de entrada are three different things that people all call "deportation", and they run on different rules and different clocks. Under the Ley Orgánica 4/2000 an expulsion file is opened for an administrative offence; a devolución (art. 58) applies to someone who re-entered under a ban or was intercepted at the border. The first job is naming your situation correctly, because everything after that depends on it.

The 48-hour problem

Most expulsion files are opened under the procedimiento preferente (art. 63 LO 4/2000), and there the period to make your allegations is 48 hours. Not 48 working hours, and not "once you have found a lawyer". If that window is open, nothing else matters until we have filed. If it has closed, the fight moves to appeal — and there is still a fight.

Building the defence that actually works

Expulsion is not automatic. Article 57 LO 4/2000 and the case law around it weigh your ties in Spain: how long you have been here, family, children in school, a partner, work, an ongoing residence application. Many orders are also legally attackable for defective reasoning or for imposing expulsion where a fine was the proportionate response. Those are the arguments that win, and they need evidence, not adjectives.

The entry ban, which outlives the flight

An expulsion order normally carries a prohibición de entrada across the Schengen area — as a rule up to five years, and longer in the most serious cases. That ban is the part that ruins the next decade, so it gets argued as hard as the expulsion itself: its length is not fixed by fate, and in some circumstances an existing ban can be revoked early.

Expulsion, devolución and the associated entry bans are governed by the Ley Orgánica 4/2000 and its regulation, Real Decreto 1155/2024; appeal deadlines and the applicable procedure are confirmed against your own resolution.

HOW IT WORKS

From the notification to a way back

1

Send us the paperwork now

Photograph every page you were handed — the acuerdo de iniciación, the resolution, anything with a stamp — and send it. We tell you within the day which procedure you are in and exactly how many hours or days you have left. This part is free and it is the part that cannot wait.

2

Allegations, filed in time

If the file is still open we draft and file the alegaciones: the legal grounds, plus the documentary proof of your ties — padrón, contracts, school certificates, family book, medical records. Filed on the record, inside the deadline, whatever the deadline turns out to be.

3

Appeal, if the order has already issued

An issued order is challenged on the administrative route and then, where warranted, before the administrative courts. Where enforcement is imminent we ask the court for suspension — an appeal that arrives after the flight has left is worth nothing.

4

Then the way back

Once the immediate danger is handled we look at what comes next: shortening or lifting the entry ban, and whether the route you were on — arraigo, family, work — is still available or can be rebuilt. The order is the emergency, not the destination.

FREQUENTLY ASKED

The questions people ask at 2am

I have been given an expulsion order. How long do I have?

Assume it is shorter than you think. If the file was opened under the preferential procedure — which is the common one — the period to file allegations is 48 hours from notification. If an order has already been issued, appeal deadlines are typically measured in weeks from the day you were served. We do not guess at this: send us the document and we will confirm your exact date, because the single most expensive mistake in this area is spending the deadline looking for a lawyer.

Does an expulsion order mean I will definitely be deported?

No. An order is a decision, and decisions in Spanish administrative law can be challenged and can be suspended. Expulsion also is not automatic even when an offence is proven: the administration has to weigh proportionality and your personal circumstances, and orders are regularly annulled for failing to do that properly or for imposing expulsion where a fine would have been the correct sanction. What is true is that doing nothing converts a challengeable decision into a final one.

What is the difference between expulsion and devolución?

Expulsión is a sanction imposed at the end of an administrative file for an offence under the Ley Orgánica 4/2000 — most often irregular stay. Devolución, under article 58, is not a sanction at all: it is applied to people intercepted crossing irregularly or returning while an entry ban is in force, and it moves faster with fewer procedural steps. They feel identical when they happen to you and they are defended differently, which is why the first thing we do is read your paperwork rather than your account of it.

How long is the entry ban, and can it be lifted?

An expulsion generally carries a ban on entering Spain and the wider Schengen area, as a general rule for up to five years, extending further in the gravest cases. The length is set in the order itself, which means it is one of the things an appeal can attack. Separately, once a ban is running there are routes to have it revoked or to have its remaining period reconsidered, particularly where circumstances have changed or where the ban has already run most of its course. It is worth asking rather than assuming the decade is written.

I have children born in Spain. Does that change anything?

It can change a great deal, and it is exactly the kind of fact that gets ignored unless someone puts it in the file with evidence attached. Family and social ties — children in Spanish schools, a Spanish or resident partner, years on the padrón, medical treatment here — go to the proportionality of the sanction, and they are among the strongest arguments against expulsion. They only count if they are documented and filed in time. Tell us about them at the first conversation, not the third.

Can you help if the person detained does not speak Spanish?

That is most of our work. Everything is handled in English, and if a family member is the one calling us — which is usually what happens — we deal with you directly and keep you informed. If the person is currently held at a police station or facing an internment order, that is a separate emergency with its own clock: see our page on urgent assistance for someone detained by the police, and call rather than email.

Alberto García López

Reviewed by a lawyer

Reviewed by Alberto García López

Immigration lawyer · ICA Málaga, reg. no. 11.441

We check every page against current Spanish law. This is general information, not advice on your individual case.

Globalium is an independent law firm, not a government agency, and is not affiliated with or endorsed by any public administration. Visas, permits and identification numbers are granted solely by the Spanish authorities, and you are free to apply to them directly yourself. Our fees pay for legal advice and representation, and are separate from any official fee or tax.

Signature of Alberto García López
THE CLOCK IS ALREADY RUNNING

Photograph the paperwork. Send it tonight.

We will tell you which procedure you are in, how long you have and whether there is a defence worth running — before you commit to anything. We will also tell you if there is not.

+34 667 77 02 19 · infoglobalextranjeria@gmail.com

P.S. — people lose these cases to the calendar far more often than to the law. The 48 hours are the case. Use them.