Fines, expulsion and entry bans

It is for anyone considering, planning or carrying out a move to Spain. After reading, you will know which sanction applies to your case, how much time you have to respond and how a ban or an earlier sanction can affect your future plans.

Start with "You overstayed your 90 days: what happens and what to do". It gives the overall picture and points you to the right next page. The rules on counting the 90/180 days, and help with finding a lawyer or free legal aid, are covered elsewhere.

Key rules

• Fine range: An overstay is a serious infraction, and the fine is from 501 to 10,000 euros, usually near 501 euros when the overstay is the only issue.
• Police custody: Police can hold you for no more than 72 hours before releasing you or placing you before a judge.
• Appeal deadlines: You have 1 month to file a recurso de reposición and 2 months to appeal to the courts, counted from notification.
• Time to respond: In the preferential procedure you have 48 hours to make allegations, and the notice itself states the period in the ordinary procedure.
• Ban length: An entry ban after expulsion generally cannot exceed 5 years, or 10 years for a serious threat to public order, and a devolución ban can reach 3 years.
• Detention limit: Detention in a immigration detention centre needs a judge's authorisation and cannot last more than 60 days.

Fines, expulsion and entry bans: the whole process, step by step

• Overstay or police check starts the case (read: You overstayed your 90 days: what happens and what to do): when police find you or you are recorded as staying past your allowed days

• If police stop you, know the limits on holding you (read: Police stops and immigration detention): police can hold you for no more than 72 hours before releasing you or placing you before a judge

• If you are refused entry or returned at the border, ask for a lawyer and appeal (read: Refused entry or returned at the border): 1 month for a recurso de reposición or 2 months for a court appeal, counted from notification

• Receive the notice opening the procedure and make allegations (read: How a sanction or expulsion procedure works step by step): 48 hours in the preferential procedure; in the ordinary procedure the notice itself states the period

• Respond to the proposed sanction, then wait for the decision (read: How a sanction or expulsion procedure works step by step): a further period to respond is given, and the ordinary procedure expires after 6 months from its start

• Fine or expulsion is decided (read: Fine or expulsion: what decides which one you get): when the resolution is notified; the fine is 501 to 10,000 euros

• If detention in an immigration detention centre is ordered (read: Police stops and immigration detention): a judge must authorise it and it cannot last more than 60 days

• Leave within the set period if expulsion is ordered (read: Leaving Spain voluntarily and applying again from abroad): you may get 7 to 30 days to leave, which the resolution sets

• Check the length of any entry ban and whether you are registered (read: Entry bans to Spain and Schengen: length and how to check): after expulsion a ban generally cannot exceed 5 years, or 10 years for a serious threat to public order; a devolución ban can reach 3 years

• Ask to lift the ban or plan your return (read: Lifting an entry ban or returning to Spain after expulsion): after the ban is set, before you apply to enter again

• Prove old sanctions no longer count (read: Do old fines or expulsion orders block future applications?): before any later application; a serious infraction prescribes after 2 years

Documents you may need

Identity and residence

• Your ID — Police stops and immigration detention (centro de internamiento de extranjeros), Lifting an entry ban or returning to Spain after expulsion
• Passport or travel document with a valid visa or authorised stay — Police stops and immigration detention (centro de internamiento de extranjeros)
• Residence card — Police stops and immigration detention (centro de internamiento de extranjeros)

Other documents

• Proof that you left Spain — Lifting an entry ban or returning to Spain after expulsion
• Spanish criminal record certificate — Do old fines or expulsion orders block future applications?
• Written answer on the status of your file from the Oficina de Extranjería — Do old fines or expulsion orders block future applications?
• Reply to your request for access to your own data in the Schengen Information — Do old fines or expulsion orders block future applications?

Fines, expulsion and entry bans: questions that cross several articles

Does a longer overstay mean expulsion instead of a fine?

Not automatically, because the usual sanction for an overstay is a fine of 501 to 10,000 euros, and expulsion needs more than the overstay itself. A long overstay, prior orders or a criminal record make expulsion with an entry ban more likely. Read "You overstayed your 90 days: what happens and what to do" and "Fine or expulsion: what decides which one you get".

Does the EU Entry/Exit System change my sanction or ban?

The Entry/Exit System records your entries and exits and can show an overstay, but the legal tests for a fine or expulsion do not change. Police can use the record as evidence in a procedure and in decisions on a ban. Read "You overstayed your 90 days: what happens and what to do" and "Entry bans to Spain and Schengen: length and how to check".

Which facts push an overstay case from a fine to expulsion?

Aggravating factors such as a criminal record, pending criminal proceedings, prior expulsion orders, false documents or a threat to public order can justify expulsion. Family ties and roots in Spain weigh against it. Read "Fine or expulsion: what decides which one you get" and "Contesting a fine or expulsion order: defences that can work".

Can I contest expulsion using the same facts the authority used?

Yes, you can use roots, family ties and the lack of aggravating factors to argue the sanction is disproportionate, and you do it within the procedure and the appeal deadlines. Read "How a sanction or expulsion procedure works step by step" and "Contesting a fine or expulsion order: defences that can work".