What a status failure can cost in fines, fees and lost income

Terms used

• Modelo 790 — The modelo 790 is the form you use to pay official fees for immigration procedures.
• TIE — The TIE is the foreigner identity card issued to non-EU residents in Spain.
• Procurador — A procurador is a court representative who files and handles paperwork in court cases, alongside your lawyer.
• Justicia gratuita — Justicia gratuita is free legal aid for people whose income is below set limits.
• Arraigo — Arraigo is a residence permit based on your ties to Spain, such as time living or working there.

Key rules

• Late renewal: Applying more than three months after expiry is a minor infraction, with a fine of up to 500 euros unless the delay is justified.
• Irregular stay: Staying without authorisation can bring a fine of 501 to 10,000 euros.
• Work rights: A renewal filed in time keeps your work rights going until a decision; keep the filing receipt.
• Appeals: Court appeals need a lawyer and usually a procurador, so get several quotes.

The short answer

Preventing a problem costs you a few modest fees and some paperwork. A lapse can cost you a fine, a second round of fees, lawyer bills and your right to work. In most cases the cost of failure is higher than the cost of prevention.

What prevention costs

You pay official fees on a form called modelo 790. Code 052 covers residence and work permit applications and renewals. Code 012 covers the foreigner identity card (TIE). The amounts are modest, but they differ by permit type and can be higher for long-term and work authorisations. Check the current amounts with the Ministry of Inclusion or the Policía Nacional website before you pay.

What a late renewal costs

If you let your authorisation expire and apply more than three months later, that is a minor infraction. The fine can be up to 500 euros. The delay is not penalised if you can justify it. Authorities often give a warning instead of a fine, and the fine must fit the case. Keep proof of why you were late. The amounts are set by law and can change.

What staying without authorisation costs

Staying without authorisation is a serious infraction. The fine runs from 501 to 10,000 euros. The authorities can order expulsion and a ban on returning, generally for 3 to 5 years. Expulsion normally needs aggravating factors beyond the irregular stay alone, so the fine is the usual outcome. Either way, you will pay far more than a renewal fee, and you still have to fix your status afterwards.

What it costs your income

If you file your renewal in time, your previous authorisation and its work rights continue until a decision. Your filing receipt is your proof, so keep it and show it to your employer. If you file after the permit expired, your work rights may not continue.

If your status is irregular, you have no right to work. Working anyway is an infraction for you and for your employer. The employer can face a heavy fine, so most employers will stop employing you. Some permits, such as arraigo, now include work authorisation under the 2025 reform. Check the exact timing and permit type before you decide whether to keep working.

What a refusal and an appeal cost

If your application is refused, you can challenge it. An administrative appeal usually means low to moderate lawyer fees. A court appeal costs more. It needs a lawyer and, in most courts, a procurador. Some cases also carry court fees. The court can order the losing side to pay costs, usually capped. Fees vary by lawyer, city and complexity, so ask several lawyers for a quote. If your income is low, you may qualify for free legal aid (justicia gratuita).

How to compare

Add up the worst case: a fine, a new application with new fees, lawyer costs and weeks without pay. Set that against one renewal fee filed on time. The decision, timeline, documents and warnings below help you pick your next step.

Choosing between options

Can you keep working while your renewal is pending or your status is irregular?

• Stop and get advice before working: You filed after your permit expired. Your work rights may not continue.

• Do not work: You have no valid authorisation and have not filed. You have no right to work, and your employer risks a heavy fine.

Your right to work depends on whether you filed before the authorisation expired.

Timeline and deadlines

• File your renewal: your current authorisation, with its work rights, is extended until a decision: from 60 days before your authorisation expires, until the expiry date

• File your renewal late and keep a justification for the delay: within 90 days after your authorisation expires

• Face a minor infraction with a fine of up to 500 euros, unless the delay is justified or you get a warning instead: if you let the authorisation expire and file after the 90 days

Documents you need

• Paid fee form (modelo 790, code 052) for a residence or work permit application or renewal, with the right sub-type for your permit

• Paid fee form (modelo 790, code 012) for the foreigner identity card (TIE)

Check the current fee amounts with the Ministry of Inclusion or the Policía Nacional website.

What to watch out for

• Late renewal can bring a fine: If you let your authorisation expire and file late without a good reason, you risk a fine of up to 500 euros. The fine alone can cost more than filing on time. File your renewal before the authorisation expires, and keep proof of any reason for a delay.

• Staying without authorisation costs much more: Irregular stay is a serious infraction, with fines from 501 euros to 10,000 euros. Expulsion with a ban on re-entering is possible if other aggravating factors exist. Fix your status as soon as you notice a gap, and see a lawyer at once if you get a sanction notice.

• Working without authorisation hurts you and your employer: Working without authorisation is an infraction for you and your employer, who can face a heavy fine. If you filed after your permit expired, your right to work may not continue. Keep your filing receipt as proof, and do not work until you know your work rights are valid.

• Appealing a refusal adds lawyer and court costs: An administrative appeal usually has low to moderate lawyer fees. A court appeal costs more and needs a lawyer and, in most courts, a procurador (a court representative). If you lose, you may be ordered to pay costs, usually capped. Ask several lawyers for a quote before you decide, and compare it with the cost of refiling correctly.

Frequently asked questions

Can I get a warning instead of a fine for renewing late?

Yes, the authorities can give a warning instead of a fine for a late renewal, and they often do. The fine has to fit the case, and a justified delay is not treated as an infraction at all.

Will I be expelled if I stay in Spain without authorisation?

Not usually, because a fine is the normal penalty for staying without authorisation when nothing else makes your case worse. Expulsion with a ban on returning, generally 3 to 5 years, needs other aggravating factors. Get legal advice quickly if you receive a notice.

Can I get help paying a lawyer to appeal a refusal?

Yes, free legal aid (justicia gratuita) is available if your income is under the legal limits. Apply for it before you hire a lawyer. If you do not qualify, ask several lawyers for a quote.