What to do if you are questioned or refused entry

Key rules

• Waiting limit: You can be held in the border waiting area for up to 72 hours before a decision on return or admission.
• Your rights: You can ask for an interpreter, a free lawyer if you cannot pay, and a call to your consulate.
• Return cost: The airline that brought you pays for your flight back.
• Not a full ban: A refusal is not automatically a ban on the whole Schengen area.

Why you might be stopped

If the first officer doubts you meet the entry conditions, you are sent to a second check with Policía Nacional officers. Entry can be refused if:

• you have no valid passport;
• you lack a visa or residence permit that your nationality needs;
• you cannot explain the purpose of your trip or where you will stay;
• you do not have enough money for your stay;
• you are flagged in the Schengen alert system for refusal of entry;
• officers see you as a threat to public order, security or health;
• you have already used your 90 days in 180.

During questioning

Stay calm and answer questions about your trip, accommodation, money and return ticket. Show papers that back up your answers. Officers may also check your documents, luggage and phone where the law allows.

You have the right to:

• be told the reason for the check;
• an interpreter;
• a lawyer, free if you cannot pay;
• contact your consulate or embassy. Ask the police to arrange the call.

You must be told these rights in a language you understand. The check should be as short as possible.

If you are refused

You get a written, reasoned refusal decision. Ask for your copy and keep it. It matters for later applications.

While you wait, you stay in a designated area at the airport. You can be held there for up to 72 hours before a decision on return or admission. If the stay is extended, a judge is involved. Food and basic care should be provided, but conditions vary by airport. Charities such as the Spanish Red Cross, CEAR and ACCEM often visit these areas.

The airline that brought you must fly you back at its own cost, to where you departed or to the country that issued your passport.

If you want to ask for asylum, you can do so at the border.

Appealing

You have two routes. You can file an appeal for reconsideration (recurso de reposición) with the authority that issued the refusal within one month. Or you can go straight to the administrative courts (recurso contencioso-administrativo) within two months. A lawyer can be appointed at the border.

An appeal does not stop your return. To try to stop it, your lawyer must ask the court for interim measures (medidas cautelares), and the court decides. You can continue the appeal after you have left.

Effect on future trips

A refusal is not automatically a ban from the whole Schengen area. It becomes a Schengen-wide ban only if an entry ban was issued. The written decision shows whether one was. Even without a ban, border and consular staff can see the record, and it can count against you on a later visa, ETIAS or permit application. Declare it truthfully every time you are asked.

EU citizens are not covered by this page.

Timeline and deadlines

• Answer the second-line officers' questions and ask for an interpreter and a lawyer: during the second-line check at the airport

• Collect the written refusal decision: when the officers decide to refuse you

• Wait in the border waiting area until the decision on return or admission: up to 72 hours

• Ask the court for interim measures if you want to stop the return while you appeal: when you lodge your appeal

• File an appeal for reconsideration with the authority that issued the refusal: within 1 month of the decision

• Or take your appeal directly to the administrative courts: within 2 months of the decision

Documents you need

• A valid travel document (passport). Without one, entry can be refused.

• A valid visa or residence permit, if your nationality needs one to enter Spain.

• Proof of the purpose of your trip and where you will stay, such as accommodation details or an invitation.

• Proof of enough money for your stay, and a return ticket.

• The written refusal decision, if you are refused. Ask the police for your copy.

Checklist

• Ask the officers to tell you the reason for the second-line check.

• Ask for an interpreter if you do not follow the language.

• Ask the police to arrange a call to your consulate or embassy.

• Answer questions about your trip purpose, accommodation, funds and return ticket, and show the papers that back them up.

• Ask for the written refusal decision and keep your copy.

• Decide with your lawyer whether to appeal, within 1 month for reconsideration or 2 months for the courts.

• Ask the court for interim measures if you want the return suspended.

What to watch out for

• Appealing does not stop your return: Lodging an appeal does not automatically suspend your return, and the refusal form says so. Ask a lawyer to request interim measures from the court. You can pursue the appeal after you have returned.

• Missing the appeal deadline: You have 1 month for a reconsideration appeal and 2 months to go to the administrative courts. Ask for a lawyer at the border and note the date on your refusal decision.

• Overstaying the 90 days: If you have already used your 90 days in 180, you can be refused entry. Count your days before you travel and carry proof of your onward plans.

• A refusal can count against you later: The record can be seen by consular and border staff and can count against you on a visa, ETIAS or permit application. Declare the refusal truthfully on later applications and keep your copy of the form.

• Waiting area conditions vary: Conditions in the waiting areas differ by airport, and the wait depends on flight availability. Ask the police for food and basic care, and ask charities that visit the area for help.

Frequently asked questions

Does a refusal at a Spanish airport ban me from the whole Schengen area?

No, a refusal of entry is not automatically a ban across the whole Schengen area. It is only entered in the shared Schengen database if an entry ban is issued. Ask the border police for the written refusal form so you can see what was decided.

Should I mention a past refusal on later visa or permit applications?

Yes, you should declare a past refusal truthfully on later applications for a visa, ETIAS or a permit. Consular and border staff can see the record, and the reason given on your refusal form matters. A refusal can also be appealed.

Who pays for my flight back after a refusal?

The airline that brought you pays for your return flight. It must take you back at its own cost to the point of departure or to the country that issued your passport.

Can I claim asylum if I am refused entry at a Spanish airport?

Yes, you can claim asylum at the border if you want to, and you can ask the police for a lawyer and an interpreter first.