Hi all,

I was just wondering what the penalties are if you are caught working illegally in Spain?

Suppose someone does not fancy you very much and decides to let the authorities know that you are working illegally. In an earlier post I heard there is a 500.000 peseta fine and a 5-year deportation from the EU? Is this true? (not that it worries me)

And is the way to avoid this to go to Andorra or somewhere else where they will stamp your passport every three months?

Also, suppose you have citizenship in several countries (don't ask about this please, ha ha). Suppose you have US citizenship but also citizenship in a country from which you can easily seek asylum?

If the authorities catch you and you don't show them your US citizenship but instead show them your citizenship from Colombia (even though you used a US passport to get in the country) and tell them you were fleeing because your life is in danger and that you don't have much money, are they still going to deport you?

I know this is a long-winded question but any suggestions would be welcome. Thank you

Best wishes
V

I think your chances of successfully invoking the right to asylum under the circumstances you describe are zero. To start with, I do not think there is any country where you can "easily" search asylum from- especially not if you have lived in a certain country contrary to the legal provisions and then you want to escape legal consequences by invoking asylum- that does not sound to credible. Conditions for asylum have become much stricter in Europe in view of the many asylum seekers that came. Colombians will not be likely to be among the people granted asylum. Asylum is for political refugees who are personally persecuted. That your life is in danger because of an overall dangerous situation, or because of acts of private persons, will not be sufficient.
Then, asylum is considered a last resort, so if you have a US passport, which reason should the Spaniards have to give you asylum? You could safely return to the US. Asylum is for people who have no other choice. Even if you do not tell them, there would be ways to find out, and your denying to have a US passport could be a serious criminal offense.

I think I am the right person to answer this question-- I was nearly deported from Spain and now I work in Immigration in the States. The penalty if you're caught working without a visa is 5-year bar from the EU and a half-million peseta fine. You don't want that. Asylum is a very complicated matter and cannot be taken lightly. Don't even think about making up a story to try and get asylum in Spain- it's not something you just "apply" for. We're talking lawyers, documentation proving that if you return to your home country your life would be in danger, etc. Asylum is for people who have been kidnapped, tortured, raped, etc., so if this hasn't happened to you, don't bother. It's hard enough for people to get it in the States, and Spain doesn't take as kindly to foreigners as the US does.

This approach also is somewhat distasteful - there are thousands of people who need asylum legitimately.

Totally, and every case of people who don't legitimately deserve asylum and nevertheless succeed in getting it that becomes public strengthens the front of supporters of more restrictive asylum procedures and might result in tougher laws and people sent back into prosecution and death.