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Illegal residence: expulsion from Spanish territory or fine

11/02/2025

foreigner

Mere Irregular Stay in Spanish Territory Constitutes a Serious Offense According to Immigration Law

According to Spanish immigration regulations, merely remaining irregularly in Spanish territory is classified as a serious offense, which may be punished either with expulsion or a fine.

The law defines this serious offense as:
"Being in Spain irregularly due to not having obtained an extension of stay, lacking a residence permit, or having a permit that has expired for more than three months, provided that the individual has not applied for its renewal within the legally established period."

As established by the regulation, the penalty for a serious offense—such as irregular stay—can range from a fine of €501 to €10,000.

However, the regulation also provides that, instead of a fine, expulsion from Spanish territory may be ordered, applying a principle of proportionality.

So, when does expulsion apply?
The Supreme Court has clarified in recent rulings that expulsion will only be imposed when there are additional aggravating factors beyond the mere irregular stay.

For example, such aggravating circumstances include:

• Being undocumented,

• Having a criminal record,

• Being subject to an entry ban,
  among others.

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