Refused entry or returned at the border (devolución)

Terms used

• Denegación de entrada — The denegación de entrada is the police decision refusing you entry at the border because you do not meet entry conditions.
• Devolución — The devolución is a quick police measure returning someone who entered irregularly or despite a ban; it is not a sanction.
• Recurso de reposición — The recurso de reposición is an appeal to the same authority that made the decision.
• Contencioso-administrativo — The contencioso-administrativo courts are the courts that review decisions by public authorities.
• Medida cautelar — A medida cautelar is a court order that temporarily suspends a decision while your appeal is pending.
• CIE — The CIE is a detention centre where foreigners can be held before removal.

Key rules

• Appeal windows: Appeal a refusal of entry within one month (reposición) or two months (court), counted from notification.
• Asylum: You can ask for international protection at the border, and a devolución is not applied while your request is processed.
• Not an expulsion: Devolución and refusal of entry are quick border measures, not the sanction procedure used for expulsion.
• Border custody: Custody at the border during a devolución lasts at most 72 hours unless a judge extends it.

The short version

Refusal of entry and devolución are fast measures taken by the police at the border. Neither is an expulsion. Both come with short appeal windows. In both cases you keep your rights, including the right to ask for asylum. This page is for non-EU nationals. EU citizens and their family members follow different rules.

Why you can be refused entry

Border police refuse entry (denegación de entrada) with a written, reasoned decision when you do not meet one or more entry conditions. These are:

• a valid travel document;
• a visa, if your nationality needs one;
• a justified reason for your trip and the conditions of your stay;
• enough money for the stay and the return;
• no alert in the Schengen database and no national entry ban;
• no threat to public order, security, public health or international relations.

What a devolución is

A devolución is a quick, non-sanction measure. The police order it against people who try to enter irregularly, for example away from an authorised border post or without documents. They also order it against people who enter despite a ban. It is not used on someone whose asylum request is still being processed.

How it differs from expulsion

An expulsion is a penalty. It follows a full procedure in which you can submit your arguments, and a government delegate decides it. It normally carries an entry ban. A devolución is decided by the police with minimal procedure. It can still carry a ban, and the length limits are in the section on entry bans below.

Either measure can involve detention in a detention centre for foreigners (CIE) for up to 60 days, authorised by a judge. Border custody during a devolución lasts at most 72 hours, and a judge can extend it.

Your rights at the border

• You must get the decision in writing, with the reasons and how to appeal.
• You can have a lawyer, free legal aid if you lack means, and an interpreter if you do not understand Spanish.
• You can contact your consulate.
• You can ask for international protection at the border. This opens an accelerated procedure and generally stops your return while admissibility is decided.

Say clearly that you fear returning if that is the case. Do not wait.

How to appeal

For a refusal of entry you have two routes. You can file a recurso de reposición within one month, which goes to the same authority that decided. Or you can go to the contencioso-administrativo courts within two months. The time runs from the day you are notified.

A refusal of entry takes effect immediately. Appealing does not stop it. To try to stop the return, ask the court for a suspension (medida cautelar).

A devolución can also be challenged in the contencioso-administrativo courts. Ask the lawyer assigned to you at the border to confirm your exact deadlines.

Entry bans

Whether a ban attaches to a devolución depends on your case and the wording of the resolution, so read it carefully. The length limits are set out in the entry-ban rules for this guide: an expulsion ban generally cannot exceed 5 years, or 10 years for a serious threat to public order, and a devolución ban can reach 3 years.

The decision, timeline, warnings and questions below help you work out which measure you face and what to do next.

Choosing between options

Which measure are you facing: refusal of entry, devolución or expulsion?

• Refusal of entry: Border police decide you do not meet the entry conditions, such as a valid travel document, a visa if needed, a justified purpose, enough money, or no alert against you. They give you a reasoned written resolution.

• Devolución: You tried to enter irregularly, for example away from an authorised post or without documents, or you entered despite a ban. The police order it with minimal procedure, it is not a sanction, and it can carry a ban of up to 3 years.

• Expulsion: You are already in Spain in an irregular situation and an official sanction procedure was opened, where you can make allegations. A government delegate decides it, and the ban is up to 5 years, or 10 years for a serious threat to public order.

If you are stopped while entering, it is a refusal of entry or a devolución, decided by the police with minimal procedure. If you are inside Spain and a sanction procedure was opened against you, it is expulsion. Either way you can appeal, and asylum remains open at the border.

Timeline and deadlines

• Receive the written resolution with the reasons and how to appeal: at the border, when the decision is made

• Ask for a lawyer, free legal aid if you lack means, an interpreter if you do not understand Spanish, and contact your consulate: straight away, before you sign or accept anything

• Request international protection if you fear returning: at the border, before you are sent back

• Ask the court for a suspension (medida cautelar) if you are refused entry and want to stop the return: as soon as you appeal, because the refusal is enforceable immediately

• File a recurso de reposición, an appeal to the same authority that decided: within 1 month of notification

• Or appeal to the contencioso-administrativo courts, which also covers a devolución: within 2 months of notification

• Border custody during a devolución ends or goes before a judge: after at most 72 hours, extendable by a judge

What to watch out for

• An appeal does not stop a refusal of entry: A refusal of entry takes effect immediately, so you can be sent back even though you have appealed. Ask the court for a suspension (medida cautelar) when you appeal, and use the lawyer assigned to you at the border.

• Short appeal windows: You have 1 month for a recurso de reposición or 2 months for the courts, counted from notification. Missing them closes the appeal. Keep the written resolution, note the date you received it and arrange a lawyer before you leave the border area.

• Asking for asylum too late: Return is generally suspended only if you request international protection at the border. Once you are sent back, that chance is gone. If you fear going back, say so to the police at once and ask for a lawyer and an interpreter.

• A devolución can carry an entry ban: A devolución can bring a ban of up to 3 years, which can block a later visa or entry. Read the resolution for any ban and ask your lawyer to check it before you plan another trip.

Frequently asked questions

Can I ask for asylum if border police refuse me entry?

Yes, you can request international protection at the border, and return is generally suspended while the claim is checked for admissibility. A devolución is not applied to someone whose asylum request is being processed. Say clearly that you want to apply for asylum.

Does appealing a refusal of entry stop me from being sent back?

No, a refusal of entry takes effect immediately and an appeal does not automatically suspend it. You can ask the court for a suspension (medida cautelar) alongside the appeal. The lawyer assigned to you at the border can help you ask.

Can a devolución stop me from entering Spain again?

Yes, a devolución can carry an entry ban of up to 3 years, depending on your case and the wording of the resolution. Read the resolution you are given to see whether it states a ban. How bans are counted and checked is set out in the article on entry bans to Spain and Schengen.