How a sanction or expulsion procedure works step by step

Terms used

• Acuerdo de incoación — The acuerdo de incoación is the official notice that opens a sanction procedure against you and starts your time to make allegations.
• Propuesta de resolución — The propuesta de resolución is the written proposal of the sanction, which you can answer before the final decision.
• Resolución — The resolución is the final decision on your case, which may impose a fine or expulsion.
• Recurso de reposición — The recurso de reposición is an appeal asking the same authority to review its own decision.
• Contencioso-administrativo — The contencioso-administrativo is the court route for challenging an administrative decision.
• Apremio — The apremio is the forced collection of an unpaid fine by the authorities.

Key rules

• Preferential procedure: You have only 48 hours to make allegations, so act the day you get the notice.
• Appeal deadlines: You have 1 month for a recurso de reposición and 2 months to appeal to the courts, counted from notification.
• Each notice: Every notice starts a different deadline, so read the period printed on each one.
• Ordinary procedure: The opening notice states your period to make allegations, normally 10 working days.

The short version

Every notice in the procedure starts its own deadline. The ordinary procedure is slower. The preferential procedure is much faster, and you must react at once. The timeline below shows the stages. The checklist below shows what to do in the first days.

Stage 1: the police report and the opening notice

The police report starts the case. Then the authority issues the acuerdo de incoación, the opening notice. This notice starts your first deadline to make allegations, which means telling your side in writing and proposing evidence.

• In the ordinary procedure, you have 10 working days. The notice itself states the period, so read it.
• In the preferential procedure, you have 48 hours to make allegations.

Ignoring this notice weakens your case. Use it to give your documents, such as proof of ties, residence or a pending application.

Which procedure applies to you

The preferential procedure is used in more serious cases. Examples are irregular stay with a risk of absconding, false documents or a threat to public order. The notice tells you which one applies. If it is the preferential one, act the same day.

Stage 2: the proposed sanction

After your allegations, the instructor issues the propuesta de resolución. It sets out the sanction proposed. You then get a further period to respond, normally 10 days. Check the exact period on the notice. Use it to answer the proposal and add anything new.

Stage 3: the final decision

The resolución decides the case. It may be a fine or an expulsion. If it orders expulsion, it sets a deadline to leave, often 15 days or less. Read that date carefully.

The ordinary procedure expires if it runs past its limit. The time limits for expiry and for old infractions are in the FAQ below.

Stage 4: appeal

The decision starts new deadlines, counted from the day you are notified. You have 1 month to file a recurso de reposición, which asks the same authority to review its decision. You have 2 months to appeal to the courts through the contencioso-administrativo route. Appeal deadlines are counted in months, not working days.

Stage 5: enforcement

Once the sanction is final, a fine is paid voluntarily. If you do not pay, it is collected by apremio, the forced collection process. An unpaid or unchallenged sanction becomes final.

Counting time

Working-day deadlines start the day after notification and skip weekends and public holidays. Check how you were notified, because the notice's date is what counts. Because each notice starts a different deadline, keep every notice and proof of everything you file. If you are unsure of a deadline, ask a lawyer or your local legal aid service at once.

Detention in an immigration detention centre is possible only with a judge's authorisation. The limit is set out in the FAQ below.

Timeline and deadlines

• Police report and opening notice (acuerdo de incoación) start the procedure: at the start; the 6 months before expiry count from here

• Make your allegations and propose evidence in the ordinary procedure: within 10 working days of the opening notice

• Make your allegations in the preferential procedure: within 48 hours of the opening notice

• Answer the proposed sanction (propuesta de resolución): normally within 10 days of receiving it

• Receive the final decision (resolución), which may set a deadline to leave: after the response period; the leave deadline is often 15 days or less

• File a recurso de reposición against the decision: within 1 month of notification

• Appeal to the courts (contencioso-administrativo): within 2 months of notification

• Enforcement: the fine is paid voluntarily or collected by apremio once the sanction is final: after the sanction becomes final

• The ordinary procedure expires if no decision is made: after 6 months from its start; a serious infraction prescribes after 2 years

What to do within days of a sanction notice

• Identify the notice type: the opening notice (acuerdo de incoación), the proposed sanction (propuesta de resolución) or the final decision (resolución).

• Find the response period printed on the notice and note which step it starts.

• Count the deadline in working days, starting the day after notification and skipping Saturdays, Sundays and public holidays.

• Count appeal deadlines in months from the notification date: 1 month for a recurso de reposición and 2 months to appeal to the courts.

• Check whether the procedure is preferential, where you have only 48 hours to make allegations, and act at once if it is.

• Check how you were notified. An electronic notice counts as rejected after 10 calendar days without opening it, and the procedure goes on.

• Gather your documents and any evidence you want considered, such as proof of ties, residence or an application in progress.

• File your allegations in writing within the deadline, with your documents and proposed evidence, and keep proof of filing.

• List the defences that may apply to your case and ask a lawyer or a free legal aid service to review them before you file.

• Check any departure period in a resolution that orders expulsion, and note the date by which you must leave.

What to watch out for

• The preferential procedure gives you very little time: If your case is treated as urgent, for example with risk of absconding, false documents or a threat to public order, you have only 48 hours to make allegations. Missing it can leave you with no defence on file. Contact a lawyer or a legal aid service the same day and file your allegations in writing within 48 hours.

• Ignoring the opening notice weakens your case: The opening notice starts the allegations period. If you do not respond, the authority decides on the police report alone. File written allegations with your evidence inside the period stated in the notice.

• Detention in the urgent route: In the preferential procedure you can be placed in a detention centre, but only with a judge's authorisation. Ask for a lawyer straight away and ask them to challenge the detention if the grounds are weak.

• Each notice starts a different deadline: Allegations, the response to the proposed sanction and the appeals all run on separate clocks. Mixing them up can make you lose a chance to act. Identify which notice you hold, write down its deadline on the day you receive it, and count from the notification date.

• An unpaid or unchallenged sanction becomes final: Once the sanction is final, an unpaid fine can be collected by apremio, the forced collection process. Appeal in time if you disagree, or pay voluntarily if you accept the fine.

Frequently asked questions

What happens if the authority takes too long to decide my case?

If an ordinary procedure runs past 6 months from its start, it expires (caducidad) and is archived. The authority can still open a new procedure unless the infraction has prescribed, which for a serious infraction is after 2 years. Expiry does not cancel the underlying problem, so keep working on your situation.

What is the difference between the proposed sanction and the final decision?

The proposed sanction (propuesta de resolución) is not the final decision; it only sets out what the authority intends and gives you a further period to respond, normally 10 days. The final decision (resolución) comes after that, and only it starts the appeal deadlines. Use the further period to answer the proposal.

Can I be detained during the preferential procedure?

Yes, but only if a judge authorises detention in an immigration detention centre (CIE), and it cannot last more than 60 days. The preferential procedure is used for cases such as risk of absconding, false documents or a threat to public order. Ask for a lawyer as soon as you are told it applies.

How long do I have to leave if expulsion is ordered?

The resolution sets your deadline to leave, and it is often 15 days or less. Read the resolution for the exact date and count from the day you were notified. Appealing does not by itself move that date, so ask a lawyer how to proceed.