You overstayed your 90 days: what happens and what to do

Key rules

• Classification: Overstaying is a serious administrative infraction, not a crime.
• Usual sanction: A fine is the usual sanction; expulsion needs aggravating factors.
• Entry ban: An entry ban can last up to 5 years and is registered across the Schengen area.
• Records: Entry/Exit System records are kept for 3 years, and overstay records for up to 5 years.

The short answer

An overstay is an administrative infraction, not a crime. Spanish law counts it as irregular stay, which is a serious infraction. What happens to you depends on how long you stayed and on your circumstances. Since the EU Entry/Exit System started, your overstay is also visible to border and immigration authorities.

What happens, by length of overstay

Spanish law does not set fixed steps by length. In practice, the pattern looks like this:

• Days or weeks. If this comes up when you leave, the usual result is a fine procedure or no action at all.
• Months. If the police find you in a check, you will usually face a fine, or an expulsion order with an entry ban.
• A year or more. Expulsion with an entry ban of up to 5 years becomes more likely. The same applies if you have earlier orders or a criminal record.

The usual sanction is a fine. Expulsion needs aggravating factors. Practice varies by province and by case, so get legal advice if you are already past your 90 days.

Who handles it

The police foreigners' office (Comisaría or Brigada de Extranjería) starts the procedure. The government's provincial office (the Subdelegación or Delegación del Gobierno) decides the sanction. You can challenge a sanction or expulsion order, and the deadline is short. See the quick answers below and act at once if you receive one.

How your overstay is recorded

The Entry/Exit System records your entries, exits and refusals electronically. It calculates your authorised stay automatically and flags overstayers. It began on 12 October 2025 and was phased in to full operation by April 2026.

• Records are kept for 3 years after your exit date or the end of your authorised stay.
• Overstay records are kept for up to 5 years.
• Spanish police can use the data as evidence in fine or expulsion procedures and in decisions on bans.

The legal tests for sanctions have not changed. The difference is that proof of your dates is now easy to get.

Later effects

An entry ban is registered in the Schengen Information System. It can lead to refusal of future visas and permits. Even without a ban, an overstay is weighed when you apply for a residence permit. If you plan to come back or settle in Spain, this matters more than the fine.

What to do

1. Leave as soon as you can. A shorter overstay is treated more lightly.
2. Keep proof of your travel and exit date.
3. If you get a notice, do not ignore it. Get a lawyer and check the deadline to respond.
4. If you want to return later, ask a lawyer whether any ban or record affects your next application.

The decision guide and warnings below cover your options by length of overstay.

Choosing between options

What should you expect, and do, given how long you overstayed?

• Short overstay (days or weeks): You are leaving soon and are found at exit. Expect a fine procedure or no action. Leave and keep proof of your exit.

• Medium overstay (months): You have been in Spain for months beyond your limit. A police check usually leads to a fine or expulsion with an entry ban. Get legal advice before any contact with authorities.

• Long overstay (a year or more): You have overstayed a year or more, or have earlier orders or a criminal record. Expulsion with a ban of up to 5 years is more likely. Speak to a lawyer straight away.

Spanish law sets no fixed steps by length. A fine is the usual sanction, and expulsion needs aggravating factors. The longer the overstay and the worse your record, the more likely expulsion and a ban become.

What to watch out for

Risks of an overstay

• A longer overstay raises the risk of expulsion: Any overstay is an administrative infraction. A few days or weeks, found when you leave, usually ends in a fine procedure or no action. Months, found in a police check, usually mean a fine or expulsion with an entry ban. A year or more, or earlier orders or a criminal record, makes expulsion with a ban of up to 5 years more likely. Leave as soon as you can and keep proof of your exit date. Speak to a lawyer if you have been overstaying for months.

• An entry ban can block future visas and permits: A ban is registered in the Schengen Information System, a shared border database. It can lead to refusal of future visas and permits, and past overstays are also weighed when you apply for residence. Before you apply for anything new, check whether a ban was issued against you and ask a lawyer how your overstay may count.

• The Entry/Exit System makes your overstay visible: The Entry/Exit System (EES) records your entries and exits electronically and works out your authorised stay by itself. It flags overstayers to member states, keeps records for 3 years after your exit and overstay records for up to 5 years. Spanish police can use this data as proof in a fine or expulsion procedure. Assume your overstay will show at the border. Do not rely on leaving unnoticed, and be ready to explain your situation.

Quick answers on fines and bans

How much is the fine for overstaying in Spain?

The fine for an overstay is from 501 to 10,000 euros, and it is usually near 501 euros when the overstay is the only issue. An overstay counts as a serious infraction. Other factors in your case can push the amount higher.

Does an overstay always lead to an entry ban?

No, an entry ban comes only if expulsion is ordered, not with every fine. After an expulsion the ban generally cannot exceed 5 years, or 10 years for a serious threat to public order. A devolución ban can reach 3 years.

Can the police detain me for overstaying?

Yes, police can hold you for no more than 72 hours before releasing you or placing you before a judge. A judge must authorise any longer detention in an immigration detention centre, and it cannot last more than 60 days.

How long do I have to challenge a sanction or expulsion order?

You have 1 month to file a recurso de reposición, a request that the same office review its decision. You have 2 months to appeal to the courts. Both are counted from the day you are notified.