CONSEQUENCES OF STAYING IN SPAIN ILLEGALLY
FOR EXCEEDING THE LEGAL STAY FOR TOURISM OR FOR HAVING REACHED A SUPERVENING IRREGULARITY
The irregular stay in Spanish territory, having exceeded the period of legal stay for tourism, either short term without a visa or with a visa or as a result of a supervening irregularity, constitutes an infraction of the law on foreigners, which establishes as a serious infraction, being in Spain without work and/or residence authorization, which may result in an administrative sanction for the foreigner. The sanctions can be:
- Fine, this being the general rule. The fine can range from 501 to 10,000 euros, o
- Expulsion from Spanish territorywith the consequent prohibition of entry for up to five years.
The law on foreigners provides for the possibility of precautionary detention for a maximum period of 72 hours prior to the request for internment of the foreigner in the CIE. The maximum time a person may remain in the CIE is 60 days.
However, it is worth mentioning However, it is worth mentioning that irregular stay is not a criminal offense.
Therefore, it is necessary for foreigners who are in an irregular administrative situation to regularize their immigration status in Spain through one of the following ways:
- Social Roots
- Rooting for Training
- Labor Roots
- Family Roots
- Humanitarian Reasons
- Collaboration with administrative, labor, police, fiscal or judicial authorities
- Residence card of a family member of a European Union citizen -TFC-.
- International Protection
Blog written by by Erica Estrada , Lawyer ICAM
