What happens if I leave Spain while being undocumented?

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What happens if I leave Spain while being undocumented?

There are many cases where immigrants find themselves in an undocumented situation in Spain, either because they do not have a residence or work permit, either because they could not renew the permit, lost it, or are in the process of obtaining residency through a certain type of arrangement. In this article, we answer a very common question: What happens if I leave Spain while being undocumented? If you find yourself in this situation, we recommend that you read until the end because we will explain everything that could happen to you.

Can you leave Spain while being undocumented?

The reality is that you can leave Spain while being undocumented, unless there is a ban on leaving for some of the cases specified in the Immigration Law, which we will mention later. It is very common for foreign individuals to end up in an undocumented situation for various reasons, and they may need to return to their home country. They should not encounter problems leaving Spain, although they may face issues if they attempt to re-enter. Upon leaving Spain, they might receive a stamp in their passport indicating their irregular status in the country.

What are the cases that can lead to undocumented status in Spain?

Here are the cases in which you can become undocumented in Spain:

  • Entering Spain with a short-stay visa (90 days) and exceeding the allowed time.
  • Entering Spain without a visa because it’s not required for your country of origin and exceeding the permitted time.
  • Failing to extend or modify the stay for studies.
  • Not renewing or modifying a residence permit.
  • Not modifying residency for a family member of a EU citizen.
  • Failing to apply for or renew a long-term residence permit.
  • Having a residence permit application denied.
  • Having an asylum application denied, followed by a denial of the appeal you filed.

In what cases can I be subject to a travel ban?

As mentioned earlier, there is a travel ban that may prevent you from leaving the country. Here are the cases in which the Ministry of the Interior can impose a travel ban on foreign individuals:

  • Foreign individuals who are involved in a judicial process for committing crimes in Spain.
  • Foreign individuals who have been convicted of committing crimes in Spain and have a prison sentence or are wanted, and those subject to an agreement on the enforcement of sentences in their country of origin, of which Spain is a part.
  • Foreigners who are wanted and detained for extradition by their respective countries until a resolution is issued.
  • Foreigners with a contagious disease that requires immobilization or mandatory internment in a specific facility.

These are all cases in which the Ministry of the Interior can impose a travel ban.

Can I re-enter Spain if I left irregularly?

If you left Spain illegally and received a stamp in your passport indicating this, you may encounter difficulties re-entering Spain. The authorities are aware of your situation, and it’s likely that you will face challenges entering Spain again or applying for a short-stay visa. Why might you have issues with a short-stay visa? Because it’s possible that your visa application could be denied due to the risk of you becoming irregular in Spain again.

Entry to Spain may also be denied if your country of origin does not require a visa to enter Spain, and Spanish border officials see the stamp in your passport indicating your illegal exit from the country.


Can I travel within Spain while irregular?

It’s advisable NOT to travel within Spain if you are in an irregular situation in the country because there is a significant police presence at train stations or airports, and you may get into trouble.

Our recommendation is that if you find yourself in an irregular situation in Spain, you should avoid any risk of being asked for documentation. Therefore, we advise against making any trips until your legal situation is regularized.

Can I leave Spain if I am applying for residency?

If you are waiting to receive the residency decision, you CANNOT leave Spain until you receive the residency decision, especially if this residency is initial. Once you have received the residency decision, you can travel.

Can I travel around Europe if I am illegal in Spain?

As Spain is part of the Schengen Area, there is freedom of movement among countries within the Schengen Area. Therefore, if you travel by road, no one will prevent you from being in Europe. However, the reality is that you CANNOT travel around Europe while being in an irregular situation in Spain. You should be very cautious because each country has its own immigration laws, and they may issue an expulsion order if they ask for your passport and see the stamp indicating that you were illegal in Spain. Therefore, we recommend again that you do not travel until your legal situation is resolved.

What can I do to change my situation and travel legally in Spain and other countries?

To change your situation and travel legally in Spain and other countries, you can do so through various means. Therefore, we recommend that you schedule a consultation with one of our expert immigration advisors. They will advise you on the procedure you need to follow to regularize your situation in Spain.

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