The Spanish residency breaches that can lead to €10,000 fines

For many foreigners, especially non-EU nationals, getting Spanish residency is a long-term goal that not only gives them a way into the country long-term but chance at a new life in Europe.

However, getting it doesn’t mean it’s yours forever and the state can, in serious cases, remove it. There’s also a long list of residency ‘breaches’ that can cause you to be fined by the authorities.

According to Spain’s Interior Ministry, minor offences can be punished with fines of up to €500, while serious offences are punishable with fines of up to €10,000.

The ministry website also includes a breakdown of the different offences that are punishable by the sanctions regime. As is often the case with Spanish law, the consequences may depend on the exact circumstances but reports in the Spanish press suggest the state does indeed fine people for these breaches, notably offences such as doing fake pareja de hecho paperwork to gain residency on behalf of someone else.

Generally speaking, Spanish legal experts seem confident that, for these 'minor' or 'serious' offences, the Spanish courts prefer to fine offenders rather than arrest and/or deport first time offenders. The Spanish Supreme Court has recently pivoted its punishment regime to this end.

READ ALSO: How Spain will make residency and work permits easier for foreigners

Minor offences

Offences considered 'minor' by the Spanish state and punishable by fines of up to €500 include:

• Failure to notify the Spanish authorities of changes in nationality, marital status or address, as well as other circumstances affecting your employment status.
• Delay of up to three months in applying for renewal of residency authorisations once they have expired.
• Working in Spain without having applied for administrative authorisation to work on a self-employed basis, when temporary residence authorisation has already been granted.
• Working in an occupation, sector of activity or geographical area not covered by the residence and work authorisation held.
• Hiring workers whose authorisation does not enable them to work in that occupation or geographical area, incurring an offence for each of the foreign workers employed.
• Failure to notify the authorities by groups or entities whose purpose is wholly or partly related to the care of unaccompanied foreign minors, as well as persons acting on their behalf or regularly involved in their activities, of the location of unaccompanied foreign minors so that appropriate action can be taken.

Serious offences

The more serious offences with higher fines reaching €10,000 include:

• Being in Spain illegally due to not having obtained an extension of stay, not having a residence permit or having a permit that has expired more than three months ago, provided that you haven’t applied for renewal within the period established by law.
• Working in Spain without having obtained a work permit or prior administrative authorisation to work when you do not have a valid residence permit.
• Committing deliberate concealment or serious misrepresentation in complying with the obligation to inform the competent authorities of changes affecting nationality, marital status or address, as well as making false statements in the mandatory information required to register on the municipal register, provided that such acts do not constitute a criminal offence.
• Failure to comply with measures imposed for reasons of public safety, periodic reporting or staying away from specific borders or population centres.
• The commission of a third minor offence, provided that within the previous year the foreign national has been punished for two minor offences of the same nature.
• Participation by foreign nationals in activities contrary to public order classified as serious in Spain’s laws on the protection of public safety.
• Leaving Spain through unauthorised points of exit, without showing the required documentation or in contravention of legally imposed prohibitions.
• Failure to comply with the obligation to obtain a foreigner’s identity card when a visa or authorisation to remain in Spain for a period exceeding six months has been issued, which must be applied for in person within one month of entry into Spain or from the date on which the authorisation is granted or becomes valid.

• Failure to register foreign workers whose residence and work permits have been requested with the corresponding Social Security system, or failure to register the employment contract under the conditions that served as the basis for the application, when the employer is aware that the worker is legally in Spain and authorised to commence employment.
• Entering into marriage, simulating a similar emotional relationship or acting as the legal representative of a minor, when such conduct is carried out with the intention of making a profit or with the aim of obtaining a right of residence by improper means, provided that such acts do not constitute a criminal offence. This includes the famous pareja de hecho process that is often used by foreigners by simulating a relationship with a Spanish national in order to get residency.
• Promoting the irregular stay of another foreigner, when their legal entry was expressly invited by the offender and they continue to be at their expense after the period allowed by their visa or authorisation has expired. In order to determine the penalty, the personal and family circumstances will be taken into account.
• Consenting to the registration of a foreigner in the municipal register by the owner of a property authorised for that purpose when it is not the actual residence.