Consequences of Overstaying in Spain? Fines or Expulsion

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The following are serious offenses:

a) Being found irregularly in Spanish territory, due to not having obtained the extension of stay, lacking a residence authorization or having the aforementioned authorisation expired for more than three months, and provided that the interested party has not requested its renewal within the established period regulations.

b) Working in Spain without having obtained work authorization or prior administrative authorization to work, when they do not have a valid residence authorisation.

Serious offences can be sanctioned with a fine of between 501 to 10,000 euros.

When the offenders are foreigners and carry out offences classified as serious infractions, instead of the sanction of a fine and proportionately there can be an expulsion from Spanish territory, prior to the processing of the corresponding administrative file and through the reasoned resolution that assesses the facts that make up the offence.

In no case may the sanctions of expulsion and fine be imposed jointly.

The expulsion will carry with it the prohibition of entry into Spanish territory. The duration of the prohibition will be determined in consideration of the circumstances that concur in each case and its validity will not exceed five years.

The departures from Spanish territory of foreigners to whom the community immigration regime does not apply may be registered by the competent authorities in the Central Registry of Foreigners, for the purposes of controlling their period of legal stay in Spain.

At present the border control may not, be aware of someone who has not adhered to the 90 day ruling. That is expected to change with the entry of the EES in the first three months of 2022:

The above consists of general information. Citizens affected should seek the assistance of an immigration lawyer.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.