In short: EU Regulation 2026/2280, signed on 7 October 2026 and published in the Official Journal (DOUE) on 15 October, creates a common EU system to return third-country nationals who are in an irregular situation. It replaces Directive 2008/115/EC, but almost all of its rules apply from 17 October 2027. Until then nothing changes for you.
What it sets out
- Return decision. Authorities must issue a return decision against anyone in an irregular situation. It sets a departure period of up to 30 days or requires leaving immediately. It must be in writing, with the reasons and the available remedies.
- Entry ban. It accompanies the decision in three cases: expulsion, not leaving in time, or a security risk. It lasts at most 10 years, and up to 20 in justified cases. It runs from the date of departure.
- Voluntary return. This means leaving by yourself, with or without help, without being expelled. States must offer advice and return and reintegration programmes. The aid is not an individual right and can be reduced or refused if you do not cooperate.
- Appeals. A first-instance appeal has a deadline of up to 14 days (countries that already had 30 days or more may keep up to 30). It does not automatically suspend the expulsion, but the court can suspend it if you ask. The regulation provides free legal assistance on appeal, with some limits.
- Detention. Only after an individual assessment and only for return purposes. Up to 12 months in one State, extendable to 24 if departure is delayed by lack of cooperation or documents from the destination country. It is reviewed at least every six months. Only for an unaccompanied minor is the review more frequent, every three months (Art. 31.2).
- Minors. The child's best interests come first. An unaccompanied minor must have a representative and be handed to family, a guardian or suitable care before expulsion.
- Decisions from other countries. A State can recognise and enforce another State's return decision without a new administrative procedure. No return decision is issued to someone holding a valid residence permit or long-stay visa from another Member State.
- Who is left out. For example, people refused entry at an external border or intercepted while crossing irregularly, unless the State chooses to apply the regulation to them.
Deadlines
- 15 October 2026: published in the DOUE.
- 16 October 2026: enters into force, and a few provisions already apply (including those on minors and agreements with third countries).
- 17 April 2027: the Commission must adopt the form of the European return order.
- 17 October 2027: the rest applies, including detention, appeals and voluntary return programmes, and Directive 2008/115/EC, Directive 2001/40/EC and Decision 2004/191/EC are repealed.
- 17 October 2029: the Commission will assess mutual recognition of decisions.
Where
The full text is in the BOE (DOUE-L-2026-81583). If you have a return or expulsion decision, do not wait for 2027: talk to an immigration lawyer. For voluntary return with support today, see voluntary return from Spain, and to appeal a decision, appeals against denials.
What we do not know: how Spain will adapt its immigration law to this regulation, or which specific deadlines it will apply in practice. Until 17 October 2027 the current rules apply.
Official source: Regulation (EU) 2026/2280, DOUE of 15.10.2026.
Informational only; check the official source and a professional for your specific case.