You signed the invitation letter with real excitement: your cousin was coming to spend a month in Spain. The return ticket was for day 30. Today is day 45, she is still at your home and tells you she has found a job “off the books”. And you wonder whether you are responsible.
You might be. The law provides for a fine of 501 to 10,000 euros for the person who invites, but not in every case: it depends on something very specific that happens after the stay expires.
What the Invitation Letter Commits You To
The invitation letter is a document processed by the National Police in which a Spanish citizen or a legally resident foreigner undertakes to host a foreign person during a tourist or private stay.
By signing it, the host declares:
- The details of the guest and your relationship.
- The address where they will stay and your right over that home.
- The planned dates of the stay.
The letter does not guarantee entry: at the border, the return ticket, financial means and insurance are also assessed.
When the Invitation Letter Is Breached
Article 53.2.c) of Organic Law 4/2000 classifies as a serious offence promoting the irregular stay of a foreigner when two conditions are met at the same time:
- Their legal entry relied on your express invitation.
- The person remains in your care after the permitted time has passed.
The key is the second condition: the mere fact that your guest does not leave does not automatically make you an offender. What is penalised is continuing to host or support them once they are in an irregular situation.
What Penalty You Could Face
Serious offences are punished with a fine of 501 to 10,000 euros, under article 55. To set the amount, the authorities assess proportionality, your financial capacity and, in this case, the personal and family circumstances.
In practice, a previous file can also weigh against you if you apply for an invitation letter for someone else in the future.
And for the Guest
Anyone who exceeds the 90-day stay or the period of their visa falls into an irregular situation, which can mean:
- A fine or an expulsion order with a ban on entering the Schengen Area.
- Problems obtaining a visa again in the future.
- Additional risks if they work without authorisation.
Mistakes That Turn a Favour Into a Problem
- Signing the letter without clear return dates or a confirmed ticket.
- Continuing to host and support the guest once their stay has expired.
- Registering them at your home (empadronamiento) when they do not actually live there, a different serious offence.
- Ignoring a notification from the Government Sub-delegation and missing the deadline to submit arguments.
Your cousin is still on the sofa, and the decision is no longer only hers. What determines whether you are liable is whether she remains in your care, and that can be solved if you act with information, not in a rush.
Talk to a Lawyer Before the Fine Arrives
If your guest has not returned or you have received a penalty proceeding, we analyse your situation and prepare your defence or the alternatives for them. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on articles 53, 55 and 57 of Organic Law 4/2000, Order PRE/1283/2007 of 10 May, and Royal Decree 1155/2024.
