overstaying tourist visa in spain

Overstaying in Spain and the consequences

September 17, 2021 144 Legal

Overstaying in Spain: what happens if I stay for more than 90 days?

At a first glance, either with or without a visa , you cannot stay longer than 90 days for each semester, counted from the date of the initial entry. These 90 days can be continuous or in different periods. Subsequently, you can enter once and be 90 days straight, or a different times, as long as the amount of the times of every one of these trips is equivalent to or under 90. Please notice that the computation is finished by days , not by months.

Let’s make an example : If you entered as a traveler in Spain on March 1, 2020, you were continuous and left on May 30 of that year, you were unable to return as a visitor to Spain until September 1, 2020.

So, what happens if I overstay in Spain for more than 90 days?

You would be in an irregular status in Spain. As per article 53.1.a of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration , this is supposed to be a serious infraction and it may be punished rather with a fine (from €501 up to €10,000) or with banishment from Spain, depending on the case and then being fined.

In the event that they consent to the ejection, you may likewise be restricted from entering Spain for a time of a maximum of 5 years (anew, depending on the case and scenario).

In case of receiving a fine, the authorities in Spain will inform you if after being irregularly in Spain, you need to leave the country or not and, in case you must leave the country, how many days you have to do so. Theoretically, once such a leaving period had expired without you leaving the country, they may open an expulsion procedure. But usually they do not do that.

Could the 90-day period be extended?

Although the law includes such a possibility, for practical purposes, the reality is different. In fact, the law mentions a very solid reason to extend such a period, either with or without a visa, such as serious medical reasons.We must emphasise the fact it is very very difficult to extend such a period in a legal, secure, and reliable way.

Does this term just apply to the stay in Spain?

Not just applies for your visit as a traveler in Spain, but for your visit/s in any of the territory belonging to the Schengen Area (a large portion of the nations of the European Union); Remember that inside this Area, there is a freedom of movement (no proper borders).

Therefore, it isn’t so much that that you can go through 90 days as a tourist in Spain, then, at that point 90 days in France and 90 days in Italy, for instance. In the event that you travel around these places, in principle you were unable to be more than 90 days in total. Assuming you needed to remain longer, you would need to request another visa.

Will I be able to enter Spain again?

Hypothetically (in reality the situation may differ), in the event that you intentionally left the country having overstayed the 90 days, at a first glance you are not disallowed to enter Spain , as soon as you are not traveling within the same semester .

Following the example we described above, as per which you entered Spain on March 1, 2020, under which you stayed in Spain for 180 days, on the off chance that you attempt to enter Spain before March 1, 2021, you can be denied passage. In this situation, they will hold you at the air terminal until you can return a trip to your place of origin.

Please notice that the practice may be diverse as we are aware of cases in which the authorities at the airport didn’t notice the tourist had overstayed in Spain, and even cases in which the economic assets (you need to prove if requested) had been rejected due to miscalculation, for instance.

In the same way, we also got to know some cases in which tourists who have overstayed but are within the cutoff times (stayed 120 days and were back a year, which is legitimately achievable), they were not denied passage because they fulfilled the rest of requirements (accommodation, both flight tickets, economic assets for the stay, and so forth).

The punishment isn’t automatic

If you stay for more than 90 days in Spain, it doesn’t mean the authorities will automatically fine you. All will depend on your “luck”, i.e.,if the Civil Guard or police stop you asking for your documentation in the road or in a transport or train station, for instance, and they notice that you are not in a regular situation.

Indeed, there is a high level of expats overstaying in Spain for different reasons and for many years.

Even after some determinate years, these expats can apply for a residence permit in Spain because of exceptional circumstances ( arraigo , family, social or work…).

Be cautious when attempting to dodge controls

We are aware of some instances of individuals who guarantee to have had the option to get back to Spain in any event, when they overstayed the 90 days limit, for example, “accidentally losing” his passport and/or coming from some specific countries/airports.

Why you should be careful when trying this way?, because of the fact that as per articles 14.2 and 21.4 of the Regulations of the foreigners’ law, the Spanish authorities can register entries and departures of people , whether they stamp your passport or not.

Besides, the System for the registration of passenger data will soon become a reality within the European Union. And even though, it would deserve a change, if it were not for the fact you may be retained at the airport until you can take a flight back to your country of origin, at any price.

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144 Comments

Joanne September 17, 2021 @ 9:03 pm

Hello I need to go bank and notary I been told this is one of exempt if done 90 days bank will do letter for me can u confirm

Javier Rodríguez September 23, 2021 @ 6:46 pm

Hello Joanne,

I didn’t hear about such a way, but I can confirm 99% sure that will not work, I am afraid.

Regards, Javier R.

Brian July 6, 2022 @ 5:11 pm

Javier… I am a retired US citizen and i have been living in Madrid since 2014 just with my passport. I have my pension direct deposited in a local bank here. I have obviously overstayed my 90 days. I have had no issues getting a bank account and an apartment since being here. My question is… I am planning to move to the Philippines and will i be fined when I leave?

Javier Rodríguez July 6, 2022 @ 6:15 pm

Hello Brian, When leaving Spain you will rarely have issues. But as I previously said, if you were stopped by the police before leaving, you could be fined and asked to leave Spain (orden de expulsión) inviting you leave the country voluntarily, under penalty of being prohibited to enter in Spain for the next 5 years if you finally do not leave the country within the next 15 working days. I am just saying this may be the case whether a Spanish authority checks your passport and legal situation. Setting aside this event, you already know you are illegally staying in a country with its risks and consequences, so I am not promoting any illegal immigration. Kind Regards, Javier R.

John Holloway October 16, 2021 @ 9:07 am

Hi, I am a British passport holder who has permanent right of residence in France (with a Carte de Sejour en Permanence) where my (French) wife and I live. We want to go to Spain during the winter, and plan to go by car. Given that there are no border controls between France and Spain, what do I have to do on arrival? Presumably if I do not register my arrival and am subsequently controlled by the Guardia Civil, in the absence of any evidence of the date of my arrival, they might consider me to be in the country illegally. How would this affect my 90/180 day status on a subsequent visit in early summer?

Javier Rodríguez October 18, 2021 @ 11:52 am

Hello John, If you are a permanent resident in France, you are allowed to move around Spain and any other EU country, according to the EU freedom of movement and residence directive. And you do not have to do anything on arrival. However, you will only be allowed to stay in Spain for 90 consecutive days. In fact, if you stay out of France for more than 180 consecutive days, you may lose your permanent right of residence. Regards, Javier R.

Brian Cambridge March 18, 2023 @ 10:01 am

I am an Irish citizen with an EU passport but my wife has a British passport only. We are non-residents and own a townhouse near Marbella. We sold our house in England in December 2022 and have been staying in our Spanish house, ready to move into our new house in the UK with completion around 24th March, when we planned to fly back to the UK. At that time my wife’s 90 day limit will have been reached. However we have just been informed that there is a delay of 4 to 6 weeks on conveyancing of the house. Is it possible that we could stay longer in Spain? I have been told that if my wife travels with me then she is not bound by the 90 day rule. It is confusing and not sure if this is correct? If not, is there any way, for this one off occasion, that my wife can stay a bit longer in Spain with me without being penalised?

Javier Rodríguez March 25, 2023 @ 6:46 pm

Hello John, According to the law, that’s correct, she should not be here for more than 90 days every 180 days. However, I do not THINK the Spanish authorities will fine your wife for overstaying being joined by you (an EU citizen). So it is difficult to say. Kind Regards, Javier R.

Lindsay October 25, 2021 @ 4:07 pm

I will be over my 90 days by about two weeks based on not being able to fly for a scheduled trip to Turkey. I want to try to get my visa extended for those dates, i know you say it is nearly impossible but i would like to try. My daughter and I are based in Seville, do i need to go to Madrid to do this? Do you know what agency i must be in touch with?

Javier Rodríguez October 26, 2021 @ 3:28 pm

Hello Lindsay, If you think you are in a very exceptional case to extend your visa over 90 days, you do not need to go to Madrid but to your local foreigners’ office. Kind Regards, Javier R.

Paul October 29, 2021 @ 1:35 pm

I first arrived in Spain on the 9th June this year, and have had 3 or 4 trips after this, up to now as my wife is a Spanish resident. Having done my calculations it looks like I will have been in Spain for 92 days before my planned return date, this was unintentional. Do I have any options to avoid a possible over stay, and what are the likely implications please.

Javier Rodríguez November 8, 2021 @ 3:54 pm

Hello Paul,

Unless the Spanish authorities identify you (on the street, at the airport, etc.) and propose sanctioning you for overstaying in Spain, the main consequences may come from coming back to Spain in the near future (before the next 90 days, basically), so you will just need to wait for other 90 days to come to Spain (you can just stay in Spain for a maximum of 90 days every 180 days). I hope it helps. Kind Regards, Javier R.

daniel halperin October 29, 2021 @ 3:09 pm

Hello. I’m an American College professor and well known public health researcher. I’ve had my application for a residency in Spain denied (my wife is Spanish, but she still hasn’t had her divorce, which occurred in the US, accepted legally in Spain). I’m in the process of re-applying for legal residency, and when we return to the US in December I will have been in Spain for about 195 days… Do you think I will have any problem at the airport, including when returning to Spain in March or April (as a tourist if necessary)? Thanks very much for your assistance!

Javier Rodríguez November 8, 2021 @ 4:02 pm

Hello Daniel,

Usually the Spanish consulates don’t mind if you overstayed in Spain when applying for residency visas in the past. About the moment when coming back at the airport, same thing. Usually the airport authorities just take actions at the moment of moving TO the related country, not FROM the country. For example, if you already were in Spain for 90 days and you try to come again after a month, the authorities at the airpot could not allow you to enter Spain. If you need assistance to apply for your visa or equivalent EU family residency card in Spain, please feel free to contact us by email.

daniel halperin October 29, 2021 @ 3:22 pm

(PS I entered spain in late May, when Americans still weren’t being allowed in, because we have our marriage document (apostilated) from the US.)

Annette May 24, 2023 @ 8:48 am

Hello, I entered Spain in 2021 when i was 17 because my parents live here illegally. I have overstayed the 90 days because my parents live here and i was going through to therapy and taking medication for severe anxiety. I want to know if I’ll be detained if i try to leave back to my home country which is america. What if i lost my passport? Do i go to the us embassy or just leave if i find my passport.

Javier Rodríguez May 24, 2023 @ 6:22 pm

Hello Annette, You will not be detained, do not worry. But if you want to come back, you will need to wait for 6 months to do so. And if you plan to live here, you will need a visa. Kind Regards, Javier R.

Andrew October 31, 2021 @ 12:51 pm

We enter Spain on 2nd January 2022,will leave after 19 days and return early March for another 21 days with,our last visit stretching over May and June ,how many days can we stay legally in that (May/June) period ,50 days ?.

Javier Rodríguez November 8, 2021 @ 4:08 pm

Hello Andrew,

I believe you are a passport holder from a country whose citizens don’t need a visa to enter Spain, such as US or UK. In that case, unless you applied for a residence visa, you will only be allowed to be in Spain for a maximum of 90 days in a period of 180 days. Therefore, whether you do not stay in Spain for more than 90 days (in total) from the 2nd of January 2022 to the 2nd of April 2022, you should not have any issues. Regards, Javier R.

Barry Brooks November 15, 2021 @ 2:36 pm

I am a 77 Yr old pensioner and had to visit my boat in Spain last year. While here corona virus lockdown came in and I was not allowed to go back to UK. Then with not having the jab I still could not get back to UK. I have now had the jabs here in Spain and now can fly back to UK. I am well over the 90 day rule so what will happen when I am at the airport. Baz

Javier Rodríguez November 16, 2021 @ 2:40 pm

Leaving Spain should never be a problem, but while illegally staying in Spain, if the Spanish authorities realise that (on the street, in a public administration office, etc.), it is when you may face legal problems (administrative fine, expulsion order…). Best of luck, Javier R.

Abigail February 22, 2023 @ 5:47 pm

I accidentally stayed in Spain for 93 days before leaving to go back to the UK, where I’m from.

I need to re-enter Spain in order to apply for the pareja de hecho visa. Do you think I will have problems getting back into Spain? Or is there any other solution?

Javier Rodríguez February 23, 2023 @ 6:45 pm

Hello Abigail, If you try to re-enter Spain before the next 90 days once you were back, you may have problems getting back into Spain, indeed. And you cannot apply for an EU family visa because you are not a pareja de hecho yet, it seems. So you can only wait for other 90 days before coming back to the Schengen area, I am afraid. Best regards, Javier R.

Michi October 31, 2021 @ 11:13 pm

Hi there. I’m meeting my boyfriend (who is a Madrileño) by holding tourist visa which will be due in early January 2022. Once called the Extranjeria Office in Madrid wanting to make an appointment, the officer suggested I should be very clear of my purpose of staying – simply meeting up with boyfriend is not a reason.

She then suggested: getting a student visa is perhaps the best option for my case. I am willing to pay and attend Spanish courses so as to extend my stay here in Madrid, but do you know if I can do such application as I am already here in the country? Information online is a bit confusing! Some says I need to apply for more than 180 days student visa in my place of origin. Also, if I can proceed, can I go to Policia instead of Extrajeria Office? 🙂

Stuart John Welden December 13, 2021 @ 3:20 pm

Hi Javier, My name is Stuart (american)I being traveling around Austria and several countries. I did not know about Schengen rules of 90 days and 180. I only being in Spain for 25 days but if you add my time in Austria and Spain its 114 days. what can I do to? i am retired how much of fine am I looking at? Cheers Stuart

Stuart John Welden December 13, 2021 @ 3:24 pm

Hi Javier, I did not think i was over the 90 days but I am not sure. I am guessing on the 114days.

Javier Rodríguez December 16, 2021 @ 4:15 pm

Hello again, We are talking about calendar days and the authorities usually checks the stamps on the passports to calculate the total period you have stayed in Spain. So…you may have an idea checking your passport, I believe. Regards, Javier R.

Javier Rodríguez December 16, 2021 @ 4:13 pm

Hello Stuart, Austria belongs to the Schengen Area, which means you have overstayed in this Area for more than 90 days, indeed. The fines come from €501 up to €10.000EUR, depending on the case. Regards, Javier R.

Raymond December 17, 2021 @ 12:36 pm

I have been living in Spain since october of 2020… my visa process ended in June of this year…. I had no money and no place to if i would have went back home to USA and I’m planning to leave once this school year is over June 2021… how much trouble will I get it in? … I’m very nervous!

Javier Rodríguez December 17, 2021 @ 3:42 pm

Hello Raymond, I am sorry to hear your current circumstances. As I said above, if the authorities get to know you are staying illegally in Spain, the fines come from €501 up to €10.000EUR, depending on the case. I repeat, in case they get to know such a situation. Kind Regards, Javier R.

Emily December 17, 2021 @ 7:57 pm

I’m pareja de hecho with my Spanish boyfriend and applied for my TIE on the 16th September. My application is still being processed and I’ve been told that means I’m legally allowed to stay in the country past the 90day limit. But I’m planning on going home back to the Uk next week for Christmas and am worried that in the airport I’ll get into trouble that my passport was stamped over 90 days ago and that I’ll be fined/ won’t be allowed back into Spain after my Christmas holidays in the Uk. Do you know if this is the case or do you have any advice on what I need to show in the airport to prove I was allowed to be here past the 90days? Thanks in advance!

Javier Rodríguez December 27, 2021 @ 4:05 pm

Hello Emily, On one hand, you are legally allowed to stay in Spain while waiting for an official decision from the foreigners’ office about your EU family member residency application. On the other hand, it doesn’t mean you may leave-enter Spain with no issues, in meantime. So, in other words, if you are waiting for a residence permit, it doesn’t mean you will not have any issues at the airport trying to get back to Spain once having used the 90/180 days of legal stay in Spain. And there is nothing you can show at the moment, I am sorry to say. Therefore, yes you may encounter issues getting back to Spain in such a case. You will need to wait for the resolution before leaving Spain OR before getting back to Spain. Kind Regards, Javier R.

Milly February 15, 2022 @ 11:55 pm

I am a U.S. citizen and overstayed in Spain for over a year and a half due to the covid pandemic. When I got to the airport in Spain to return to the U.S. I was not told anything nor given any fines luckily. They just stamped my passaport and that was it. Now 4 months have passed and I would like to go visit. Will I have any troubles and how long would I have to wait? Thanks in advance.

Javier Rodríguez February 16, 2022 @ 5:33 pm

Hello Milly, Indeed, as I have previously said to other people, after overstaying you will rarely find any issues when leaving Spain, but when coming back, in case. And the Schengen rules are simple and clear: as an US citizen, for instance, you can be a maximum of 90 days every 180 days and a maximum of 180 days per year (without getting a long-term resident visa, of course). So you must calculate how long you overstayed and wait according to such a criteria. However, if the officer at the airport notices you recently overstayed for such a long period (a year), which is supposed to be a “crime”, they may not allow you to get into Spain. They may only know this checking your passport stamps, basically, as you know. I must say this rarely happens, indeed. Kind Regards, Javier R.

Ana maria June 14, 2022 @ 1:46 am

Hello Javier, thank you for your article, it was very helpful. I have a question very closely related to the person above. I have been in Spain for just about 90days, but I’m im in the process of submitting my residency (my bf is Spanish). I’m also in the process of becoming a US citizenship – currently I’m a Colombian citizen (passport) and a US resident. If I leave Spain and try to come back with my new US passport, will I have problems?

Javier Rodríguez June 25, 2022 @ 1:07 am

Hello Ana María, I believe you mean coming back once you have used the 90 days with your Colombian passport and before the following 90 days once in US, but with your US passport. Am I wrong? In that case, the airport authorities just check the passport stamps, so you should not have any problems coming back. However, if you are applying for the EU family member card, be careful with the timeframes. Besides, I understand you applied with your current (Colombian) passport. Therefore, at the police you will need to show the Colombian passport. Best of luck, Javier R.

Luke February 21, 2022 @ 1:32 pm

I’m a student from the UK who is doing an unpaid internship in Spain as part of a university year abroad. In order to obtain my visa I need an ‘autorización de residencia’. I was told it would take 3 months and I applied a month before coming to Spain so that I could stay here on my 90 days before getting a visa. It has now been 5 months and I haven’t got the autorización de residencia (I have had confirmation it is being processed). Taking into account going home for Christmas, I have now overstayed by nearly a month but as I am in the process of obtaining an autorización de residencia is it ok? Thanks very much for any advice!

Javier Rodríguez February 21, 2022 @ 3:46 pm

Hello Luke, You are entitled to stay in Spain while waiting for an official resolution from the Spanish authorities, indeed. Kind Regards, Javier R.

Luke February 22, 2022 @ 11:18 am

Thanks for clearing that up! Is there any document I can get which will allow me to travel out of Spain/elsewhere in the Schengen Area whilst waiting for the official resolution?

Kind regards, Luke

Javier Rodríguez February 22, 2022 @ 5:10 pm

Hello, Yes sure. You should hold the “justificante de entrada” or registration receipt. Every application has a number, as well, usually starting with 790/i790, indeed. Kind Regards, Javier

Ellen February 22, 2022 @ 4:48 pm

I stayed 90 days in Spain left in January but would like to come back for a weekend end of February, do you think I will have problems to come in for the weekend?

Javier Rodríguez February 22, 2022 @ 5:14 pm

Hello Ellen, You may face issues if the authorities notice such a situation at the airport while leaving to/arriving in Spain or any other Schengen airport, I am afraid. You should wait for other 90 days to travel to Spain, according to the law, and a maximum of 180 days/year, indeed. Kind regards, Javier R.

Dennis October 5, 2022 @ 4:41 pm

Does this include the application receipt while waiting for resolution of tarjeta de familiar comunitario?

Javier Rodríguez October 13, 2022 @ 12:28 pm

Hello Ellen,

If you are waiting for a pending resolution from the foreigners’ office, you are allowed to stay in Spain until you get such a resolution. But it doesn’t mean it will work if you show this receipt at the airports, since you are supposed to be in Spain waiting for a decision from the Spanish authorities. You should ask for an “autorización de regreso” at the police, but they do not usually provide it while waiting for a resolution, but for the card once the residence permit has been approved.

Kind Regards, Javier R.

David Meister February 22, 2022 @ 5:17 pm

I’m a US citizen approaching the end of my Schengen visa on April 12 2022. I understand the US has a bilateral agreement with Spain that allows US citizens to stay past their Schengen visa for an additional 90 days, but are only allowed to stay in Spain during that time. Can you confirm this? Is there any process of applying for this stay or will it occur automatically? Thanks for the help, David Meister

Javier Rodríguez February 22, 2022 @ 5:26 pm

Hello David, Unfortunately, that’s not correct, I must say. Such a condition was valid during the state of alarm in Spain, a moment during which the Spanish authorities decided to provide such an extension, exceptionally. But we are not in a state of alarm anymore from some months ago, I am afraid. Kind Regards, Javier R.

Keith Henderson March 7, 2022 @ 12:07 pm

Good Morning, hoping you can help!

I am British National and I have been in Spain since 23rd September last year. Before the 90 days expired, my partner and I applied for the family reunification visa (Reagupacion familiar – 16th December), as she is a Spanish national and we have a son together. I need to go back to the UK soon, as I have a UK registered vehicle in Spain at the moment and I need to return with it before the allocated 183 days expires. Unfortunately, we are still waiting for the documentation to be preocessed, but we have an email from the Spanish foreign office to say that the application is in process. My question is, with this email, am I likely to encounter problems upon returning to the UK, or flying back into Spain, or is the email likely to be sufficient proof that I am applying for residency? In the email, I have already been assigned a NIE, but don’t have the card or any other documents accompanying it yet.

Thank You in advance for your help! Keith

Javier Rodríguez March 7, 2022 @ 2:05 pm

Hello Keith, If you correctly apply for the EU family card (family reunification residence permit, as you said) and the Spanish authorities didn’t provide you a decision yet, you can legally stay in Spain. However, it doesn’t include traveling to/from UK in meantime. Whether it were a visa renewal or extension and you planned to travel out of the EU in meantime, you would need an “Autorización de Regreso”. But this is a first residence permit application so the police will not provide you such an authorisation. In other words, you should avoid travelling while waiting for the Spanish authorities resolution, although I know this is sometimes quite difficult. Kind Regards. Javier R.

Richard March 10, 2022 @ 2:48 pm

Hola Javier I am embaressed to say that I just discovered I have overstayed my 90 day visa and I have no idea what to do. I lived in Spain for 10 years before moving to Netherlands, where I was legal resident for 7+ years (until July ),when i returned to the states (until the end of october). I was in Amsterdam before coming to Spain in January. I have a Spanish son( living in England). His mother is Spanish. We were a pareja de hecho with the libro de familia. We are cordially separated and jointly own two properties in Spain.I had a bank account, private health insurance but no ID card and no permission to work. I have been trying to get things in order to be a long term resident but due to my confusion, procrastination and bureaucratic circumstances my status is not near a resolución. I would appreciate advice on how best to procede with the least damage to my goal of being able reside in Spain. Thank you for your time and trouble. Cordially. Richard

Javier Rodríguez March 10, 2022 @ 4:22 pm

Hello Richard, Unless your son applies for the Spanish passport or residency in Spain having a Spanish mother and, after that, you apply for a family EU residence card (as your son’s guardian), I do not find any other solution than coming back to US and applying for a long-term visa. Kind Regards, Javier R.

Mohammed Awal Iddrisu March 31, 2022 @ 1:08 am

Hello. I Joined my wife in Spain on 90 days Visa and she had applied for her recidencia as eu citizen. I couldn’t apply because we were told that we need her recidencia in order to apply for my residencia as a family member of EU citizen. Now she has gotten her recidencia but we have a couple of expired documents such as the padrón and a reissued marriage certificate from Dan Haag and i only have 2 weeks of my stay left for my 90 day stay to be exusted. Am very much worried about overstaying but it is also difficult to leave my wife with our new born of one month old baby. I want to know if it is possible to still apply for my recidencia after exusting my 90days stay once get all the documents set

Javier Rodríguez April 4, 2022 @ 2:55 pm

Hello Mohammed, The foreigners’ office will not mind if you overstayed in Spain to be honest, as soon as you are entitled to apply for a valid residence permit (as you are). So don’t worry about that. Kind Regards, Javier R.

Nancy April 29, 2022 @ 7:05 pm

Hi, I’ve been living in Spain since 2015, overstayed my USA visa. I want to apply for residency now. Is that possible or will I be deported?

Javier Rodríguez May 3, 2022 @ 4:24 pm

Hello Nancy, It should be ok, but at the same time it will depend on the “residency” application you are applying for. Kind Regards, Javier R.

phil May 31, 2022 @ 8:12 pm

i have been in spain since 2019. i have applied for residency and had it rejected due to failure to translate documents. i am still here in the orocess of making a new application but now i need to go home for a family emergency. Will i have problems leaving the country as i dont have a stamp in my passport nor proof of residency only my documents for my application.

Javier Rodríguez June 9, 2022 @ 7:21 pm

Hello Phil, If you do not have an “autorización de regreso”, residence certificate or card, they could perfectly disallow you to go back to Spain for the next 90 days after leaving Spain (due to the maximum allowed period of 90 days every 180 days). I hope your family issue will be sorted out successfully. Kind Regards, Javier R.

Tamia June 15, 2022 @ 1:04 am

Hello Javier,

I am currently coming to the end of my student visa (I’ve been in Spain since September). My TIE expires on the 2nd July, but I am planning to leave around the 16th July. Will this be an issue? I do not plan to come back any time soon.

Thank you, Tamia

Javier Rodríguez June 25, 2022 @ 1:12 am

Hello Tamia, Leaving Spain after 14 days once your card is expired, it should not cause you any issues, trust me. Indeed, the Spanish authorities usually give you 15 days to leave the country in case of any residency rejection or expiration. Kind Regards, Javier R.

Karryn July 1, 2022 @ 2:06 am

I am in the same situation, my student visa ends 1 July but I want to stay until 23 July. I have seen websites saying that after your student visa end, the 90 days starts again. Is this true? If so, where can I find more information? I am a British citizen for more context

Thank you so much

Javier Rodríguez July 5, 2022 @ 5:50 pm

Hello Karryn, According to the Spanish immigration laws, in case your visa renewal was rejected, you have 15 days to leave the country (this period is usually mentioned within the notification of refusal), unless there are exceptional circumstances (art. 24.2 Ley de Extranjería ). And, according to the same laws, you may stay up to 90 days if you can prove you have sufficient means to stay in Spain for such a period. I hope it helps. Kind Regards, Javier R.

J M June 4, 2023 @ 3:45 pm

I was an auxiliar since October 2022 (I’m also from the UK) but my TIE has now recently expired on the 31st May. I have already booked a flight back home on 10th June but I am a little worried in case there are any issues leaving Spain 10 days after its expiration.

Do you reckon this is fine?

Regards, JM

Javier Rodríguez July 4, 2023 @ 4:28 pm

It depends on your residence permit and related TIE. You didn’t mention which TIE you hold. But usually you have up to 3 months (after expiring) to renew most of residence permits in Spain.

Kind regards, Javier R.

Noe Jaimes June 6, 2023 @ 4:23 pm

I’m a Erasmus student in Poland and I applied for type D “student” visa, it lasts 180 days, but I have my flights back from Madrid to America three days after the visa expires. I asked the polish consul if there was no problem, and he told me that when my 6 months visa expires, now I can use the 90 days that I have as a tourist, so there’s no problem. But I still have that question, and I want to be sure that is true.

Javier Rodríguez July 4, 2023 @ 4:32 pm

Hello Tamia, In my opinion, in order to have your new 90/180 days as a tourist, first you would need to leave the Schengen Area (and then come back if you want, even the next day). It doesn’t work that you are here for 6 months with a student visa and then you can stay for other 90 days as a tourist after them. I would say the Spanish authorities think the same thing. Anyway, if you are just worried about your flight from Madrid, I would also say you should have no issues in this case (to leave to America).

Jenny July 1, 2022 @ 6:26 pm

I applied for a TIE renewal back in July 2021 (I am an international student), I had two attempts to send my documents. But after that I received a letter that said my TIE renewal was “archived” in October. I have sent an appeal letter in December 2021 with the correct translated documents and received a final letter which said my appeal was “denied” and I have 2 months (by end of July 2022) to go to court as a final appeal.

I am traveling back to Canada before the end of July 2022 to restart my student visa process. I will come back with a new NIE, and start my TIE process all over again in Spain.

Will I be allowed into Spain after all of this? Do I need to apply for a regresso to return for my studies?

Javier Rodríguez July 5, 2022 @ 5:56 pm

Hello Jenny, Rather than your TIE renewal, you mean you residence permit renewal. And yes, if it was archived in October 2021, December 2021 was a bit late to sort it out or appeal. However, unless you were or you will be stopped and reported by the Spanish authorities before the end of July 2022, your new application should be ok. Otherwise, they may fine you and forbid you to enter Spain within the next 5 years (entry ban). I repeat, I mean if you are stopped by the police, reported and sanctioned accordingly). But it rarely happens. Regards, Javier R.

Nick Williams July 4, 2022 @ 5:48 pm

Hi there, I have been living in Spain for six years and have no visa and now wish to leave the country!

-I also have a two year suspended sentence for a small cannabis charge and am concerned they might imprison me if the immigration at the airport discover I have no visa and they might apply the 11 month suspended sentence.

Any advice would be very gratefully received.

Thank you, Nick

Javier Rodríguez July 5, 2022 @ 6:04 pm

Hello Nick, Please be careful publicly affirming you are committing a crime (illegal stay). The police has its own resources to find you, if they wanted to. That said, about the suspended sentence, I am not sure what you want me to say. Having a pending 11-month suspended sentence, I’d swear you will do have serious problems when trying to come back to Spain or even still in Spain if you were stopped by the Spanish police, I am sorry to say. Regards, Javier R.

Anniston Ward July 19, 2022 @ 10:55 am

Javier, Hello! I have been in Spain since September 2021 on a student visa. I came to Madrid will all valid papers and received a NIE and visa that expired on June 30th 2022. I am planning on staying in Spain for the rest of the summer, using the 90 days of the Schenge visa to travel, etc. I plan on going to the UK in August, however I am concerned about re-entering Spain. I am a US citizen. Will I be able to re-enter with just my passport, considering I haven’t used all of the 90 days of my Schengen visa? Or will going outside of the Schengen area cause issues? Thank you so much!

Javier Rodríguez July 19, 2022 @ 3:41 pm

Hello Anniston, As far as I know, once a long-term visa is expired, you do not have the legal permission to stay for other 90 days (Schengen Agreement) consecutively. Why? Because this 90 days period is when you are located out of the Schengen area and plan to visit it (for tourist, personal or family purposes), and not to stay after having being for several months under a long-term visa. In other words, you have a permission to stay around the Schengen area for up to 90 days every 180 days without applying for any visa (as an US citizen). Indeed, I would say you would need to leave the Schengen area to be entitled to use the free 90 days period again. And even worse, you may need to wait for other 90 days to come back. This is, of course, as soon as you want to be safe and meet the legal requirements, because people rarely find issues in similar situations like yours. Kind Regards, Javier R.

Monse V. August 9, 2022 @ 7:53 am

Hi Javier! Will I get into trouble if I overstay my student visa for only 6 days? I wont stay the 180 days, its just valid for about 134 days. I have already bought the flight back to my country but I´m worried I´ll get fined or something like that.

Javier Rodríguez August 9, 2022 @ 1:56 pm

Hello Monse, You should not. However, the Spanish consulates and embassies usually ask you for both plane tickets when applying for a student visa. Didn’t they this time when you applied? I believe they didn’t, so 6 days should not be a problem if you show the return ticket you already bought, if necessary. I would not be worried. Kind Regards, Javier R.

Mj August 15, 2022 @ 5:42 am

Back in 2016-2017 I was young and made some bad decisions, I ended up staying in Spain for almost a year without a proper visa. I had no troubles leaving the country (thankfully) but I am wondering what will happen if I ever try to go back and visit Europe. Will I have to pay a fine? Or will they even let me back in?

I have no intentions of ever overstaying again I just would like to know what to expect if I wanted to go back as a tourist.

Mj August 15, 2022 @ 6:00 am

I guess I should mention I am from Canada

Javier Rodríguez August 17, 2022 @ 11:38 am

I guessed you were not European, no worries 🙂

Hello Mj, It would have even prescribed at this point. Honestly, you should not have any issues coming back to Spain. Take care. Kind Regards, Javier R.

Michael October 11, 2022 @ 12:41 pm

My wife and I have applied to renew our visas and have been approved and had the fingerprint appointment. We need to return to the USA to arrange things with my wife’s mother in a care home. We will not be able to return to Spain until February. We are aware of the regreso, but that seems to only be valid for 90 days. Can we return in February as tourists?

Javier Rodríguez October 13, 2022 @ 12:34 pm

Hello Michael,

Indeed, if you are an US citizen, you come back to Spain after 90 days and the authorities check your passports, they should allow you to enter Spain, as you should not have over exceeded the 90/180 days stay in Spain, as you guess, regardless of the autorización de regreso . However, there is always a small risk since, as you said, the autorización de regreso is for a max of 90 days.

Stephanie November 2, 2022 @ 7:49 pm

I am colombian and I am married to a British citizen who holds permanent residence in Spain. I came to Spain on a tourist visa which has just expired. I have just been notified that my residency request was denied, we applied for tarjeta comunitaria de familiar miembro de la EU. So, I believe at this moment, i have overstayed but I am unsure of how many days. We have a 4 week-old son, who was born in Spain. Currently, he doesn’t have a passport or nationality (Colombia doesn’t recognize its newborns abroad and England takes its time to process a passport for a new citizen). He has been registered in the town hall where we live. Knowing that my residency has been rejected, I would like to how long I have to leave the country before my son and I get deported, and more importantly, how can I leave when my son’s international document (passport) has just started to be processed.

I would appreciate your advice regarding my situation. I am very concerned that my son and I will be thrown out of the country and won’t be able to return to reunite our family.

Javier Rodríguez November 25, 2022 @ 4:59 pm

Hello Stephanie,  Indeed your case is quite usual from last year. Since UK left the EU, now their citizens family members cannot apply for an EU family card anymore. Anyway, when you get the residence permit’s rejection, it usually says how long you have to leave the country, that typically is up to 14 days. However, as I answered other people, you will not get “deported” for the next weeks, unless you commit a serious crime or misconduct.  Kind Regards,  Javier R.

Shaun November 7, 2022 @ 4:53 am

Hi there, I (re)entered Spain in March 2022 holding a partner visa that later expired in May 2022. We reapplied for the visa, and while waiting for it I left Spain in September 2022 for a holiday back in Australia. The visa was then denied as addresses did not match (we did not update my address.. We were originally in Castellon, but are now in Madrid). If I enter Spain now (Nov 2022), I assume i’ll enter on a tourist visa (Schengen), after which we can fix up my visa issue. I’m just worried that they never looked at the partner visa card and have always only used my Australian passport at customs. I fear that I somehow entered with a Schegen Visa in March 2022 and that I’ve overstayed the 90/180 rule, and there is no official way to check this.

Javier Rodríguez November 25, 2022 @ 4:58 pm

Hello Shaun,  It is much simpler: just check your passport entry and departure stamps and count the days you stayed in the Schengen area for the last 180 days. If they are more than 90 days in total, you may face some issues trying to return to the Schengen Area (during these 180 days). There are some Schengen periods calculator, but I can confirm (by some experiences) they are not as accurate as they should.  Kind Regards,  Javier R.

Anthony November 14, 2022 @ 1:43 am

I am spanish and my filipina girlfriend got a type D working visa for Poland. We would like to meet in Spain so we can marry after 3 years of long distance relationship and she is willing to live here (Applying for the community card).

Do the 90 days still count while she is in Poland if she has got a type D working visa?. If not, could she come to Spain <=90 days, then leave to Poland until 180 days have passed since she entered the country and then enter Spain again?.

She enters Spain the 04-12-2022 until the 26-02-2023 (85 days). Then she goes to Poland and enters again Spain the 28-05-2023 (6 months / 180 days have passed since her first arrival) and leaves when her visa expires (Less than 90 days also).

I checked the https://www.visa-calculator.com/ website and also the https://ec.europa.eu/assets/home/visa-calculator/calculator.htm?lang=en website but I still have my doubts. Is this possible?.

Thank you very much in advance.

Hello Anthony, If you just want to get married in Europe, she just needs to come here, no matter how and when she did so. The foreigners’ office in Spain will not mind if she overstayed whilst applying for her EU family residence card or whether she came holding a different visa than the EU family reunification visa. She will get her EU family card after marrying you (if you meet the other requirements, of course).  Kind Regards,  Javier R.

Sol November 14, 2022 @ 11:09 am

Hi Javier! I arrived in Barcelona on 29th August 2022, and my 90 days runs out at the end of November. I am a student from the UK who is doing a paid internship in Spain as part of a university year abroad. The company I am working for is in the process of getting the work visa for me, but I have not received the visa yet.

Would I be able to travel back to the UK during Christmas time and then return to Spain without issues, if I have not received my work visa but I am in the process of waiting for one?

Hello Sol,  There is nothing you can do in order to be able to travel to UK during Christmas until you get such a visa resolution, I am afraid. While waiting for this, you are allowed to legally stay in Spain. However, a different thing is if you plan to travel out of the Schengen Area while waiting for the Spanish authorities decision. You can apply for an autorización de regreso, but to do so, you will need the resolution or being waiting for the equivalent residence card once you had already applied with your approval, the least, I must say. This is a very common situation between our clients (they want to visit their countries while waiting for a resolution, but they cannot).  Kind Regards,  Javier R.

ChaBee November 15, 2022 @ 11:10 pm

Hello. I just want to ask you, my husband did overstay in Barcelona Spain for 1 year and 5 months. After pandemic he decided to go back to our country. Then after a year i decided to do the reagrupacion familiar petition to get him and ask for a residence permit for my husband. Unfortunately, we got an unfavorable result with a reason that they are not allowing him to enter to Spain.

My question is, do you have any idea until when is he ban from entering here? Considering he stayed for a year and 5 months to be exact?

Also, do i have other choice to pay his fine just to lift the ban and do processing again his papers?

Is he allowed to come back in the future considering his wife and child are here legally with residence permit. Thank you in advance and hoping for your reply.

Hello,  May I ask you please when you applied for such a residence permit (after he overstayed in Spain)?  Thank you.  Javier R.

Alex February 26, 2023 @ 4:15 pm

Hi Javier! I’m an American citizen and I overstayed in Spain for 3 months. I’m going back to the US in one week. Should I expect any problems going back such as deportation, ban, or fines?

Thank you very much!

Javier Rodríguez March 6, 2023 @ 7:00 pm

Hello Alex, Some people say they do not even check the stamps, other people say they do and they doesn’t allow you to fly in case you recently overstayed. According to the rules, you may face issues coming back to the Schengen Area if you overstayed here for the last 180 days. In other words, you should wait for other 90 days before coming back to be safe. Kind Regards, Javier R.

Annie May 24, 2023 @ 9:34 am

Excuse me. I have the same problem as you. Did you face any problems when leaving?

Walther Sorg February 26, 2023 @ 4:39 pm

Hello. Im a Venezuelan citizen that arrived to Barcelona, Spain, in May 2022 wanting to stay and regularize under “Residencia Temporal por Razones Exepcionales” a variant to the asylum provided to Venezuelans in case they meet certain criteria (I met it).

However, I wasn’t able to obtain an appointment because the system is collapsed. Past the 90 days, I continued trying to get it, since it could regularize my situation at any point, but was unable.

Recently I got the news me and my dad were given German Citizenship through descent (By my dead Grandfather); It was supposed to take 3 years but only took 1.

Now I find myself in a irregular situation limbo. All I have to proof that I am a german citizen is my certificate of citizenship, but I do not have a german passport or DNI. In order to obtain the passport I will need to do a Name Declaration, a process that needs to be done before applying for german passport. It requires documents from my parents in Venezuela, they are trying to get them to me at this moment but I calculate with the time these documents take to arrive, the name declaration and the passport process itself, I will end up having the German ID to identify myself around July-August.

Can I register myself in spain with my certificate of german citizenship and my venezuelan passport? If not, is there anything I can do to regularize myself? In case I leave to Venezuela, will I be banned from entering the EU? And If I finish the process of obtaining a German passport there, could I go back to the EU again or will the ban still apply?

Javier Rodríguez March 6, 2023 @ 7:02 pm

Hello Walther, Your issue is quite complex and needs a larger study/explanation. It would be a legal consultation, indeed. Please contact us by clicking on the link above or send us an email. Thank you. Javier R.

Juls March 16, 2023 @ 11:18 pm

Hi , I stayed in Spain approx 100 days 10 days overstay . I then applied for residency pre Brexit which allowed me to stay in Spain whilst awaiting the reply , it took eleven months till I heard the reply which was declined. I had 30 days to leave which I did. My question is when am I legally allowed to return again to Spain. Many thanks. Juls

Javier Rodríguez March 25, 2023 @ 6:44 pm

Hello Juls, You will need to wait for other 90 days from the last day you were into the Schengen area to come back again. Kind Regards, Javier R.

samantha elizabeth young November 4, 2023 @ 4:46 pm

Hi, I am a UK citizen with permanent residence who has lived and worked in Spain for 8 years now. At the end of last year I got meningoccal meningitis and was in hospital for several weeks and on baja from work for 6 months (from Nov 2022 to April 2023). During this time in January my father came to Spain to assist me in my recuperation and in that time was made redundant and lost the flat he was renting meaning he had to come and live with me in Spain. Having read on the EU, UK and Spanish government websites that as my father, he would be entitled to the right to join me in Spain due to the fact that I had expressed my right to free movement and obtained permanent residence prior to Brexit, we understood that this wouldnt be any issue. However after several appointments with the Extranjeria we were told first yes, this was true, and then that no this was no the case. I was then advised that the best solution would be to do pareja de hecho o conyuje with my Italian boyfriend so that my father could then get the EU tarjeta de residencia…several months have passed and we are now worried and unsure what we should do. My father has no other family and is empadronado with me and has acquired private health insurance but we dont know what his options are to gain residence here.

Javier Rodríguez November 22, 2023 @ 3:40 pm

Hello Samantha, If the foreigners’ office told you that and since they have the last word (except for the courts), that’s correct, a solution would be registering as your Italian’s partner pareja de hecho and apply for an EU family card residence permit. If you want us to assist you with this (we can proceed online), please send us an email. Kind Regards, Javier R.

Kevin Read March 18, 2023 @ 12:05 pm

I am a Canadian citizen, and I am curious about the Bilateral Visa Waiver Agreement between Canada and Spain…

https://www.boe.es/eli/es/ai/1959/12/18/(1)

Are you aware if this is still in place? I want to spend more time in Spain, past the Schengen time.

Deina May 12, 2023 @ 11:30 pm

Hi Javier, I am a U.S. citizen I arrived in Spain on April 2nd, 2023 with a 90-day tourist visa. I am a current short term student in Barcelona taking incentive Spanish courses. My initial program was less than 90 days/3 months. However, my language program has been extended and I’ll be in Europe for 148 days and in Spain for 132 days, exceeding my current 90 day visa. Is it possible to extend my current Spanish visa or be able to apply for a short-term student visa type c or student permit for the rest of my stay?

Also if I stay for 148 days out of 90 days without a new visa would I receive difficulties, fines, penalties leaving 30 or 60 days after my visa?

Hola Javier, soy una ciudadana de Estados Unidos. Llegué a España el 2 de abril de 2023 con una visa de turista de 90 días. Ahora soy una estudiante en Barcelona tomando cursos intensivos de español. Mi programa inicial fue menos de 90 días o 3 meses en total. Sin embargo, mi programa de idiomas se ha ampliado y estaré en Europa durante 148 días y en España durante 132 días, lo que superará mi visa actual. Me gustaría saber si es posible ampliar mi actual visado de España poder solicitar un visado de estudiante o un permiso de estudiante por el resto de mi estancia.

Javier Rodríguez May 16, 2023 @ 5:22 pm

Hello Deina, We constantly receive students from some Spanish Language Schools to extend their student visas, exactly as your case (after 90 days they wish to extend their language course). You will need to extend your stay through your local foreigners’ office. If you want us to assist you with this, please send us an email. Thank you. Javier R.

Annie May 24, 2023 @ 9:31 am

I came to Spain at 17 years old in 2021 because my family lives here. I overstayed my 90 days and I’m from America. Will i have issues returning when i go through border control?

Angie July 3, 2023 @ 4:27 pm

My partner is in British and is in Malaga on a 6 month student visa, which ends in October. He’s unclear whether he has to leave the country then, or if he can stay for 90 days as per the Brexit withdrawal agreement?

Thank you very much in advance for your advice!

Javier Rodríguez July 4, 2023 @ 4:39 pm

Hello Angie,

Same question I just answered above today:

In my opinion, in order to have your new 90/180 days as a tourist, first you would need to leave the Schengen Area (and then come back if you want, even the next day). It doesn’t work that you are here for 6 months with a student visa and then you can stay for other 90 days as a tourist after them. I would say the Spanish authorities think the same thing.

May July 21, 2023 @ 5:58 pm

I hope you are well.

My partner is Spanish, and I am from Southeast Asia. After visiting him in Spain within the 90-day period, we decided to get married and apply for the residency permit to stay together. However, due to the required documents and lengthy process before getting married, I overstayed my visa. We are not yet married since we are still waiting for an available schedule and I have been overstaying my stay here for 2 months. I came here in Spain under tourist visa with a letter of invitation issued by the police. Now, the police called my partner regarding the letter of invitation and asked whether if I am still in Spain. They asked him to report to the station. Is it advisable to go meet the police? Will I get a fine or get deported? Will he have a fine? Is there a chance for me to stay here and process the marriage?

Thank you, and looking forward.

Javier Rodríguez August 1, 2023 @ 6:24 pm

Hello May, This is happening quite often. When you issue an invitation letter at the police and your guest overstay, the police can report you and you could be fined, even when it is about an EU family member (like in your case). In that happens, you will need to appeal once you had got married and applied for the EU family card at the foreigners’ office. Kind Regards, Javier R.

Brett July 22, 2023 @ 12:09 am

I have a question..I go to Spain in one month and I have student visa that expires on Feb 28. My return flight is on March 4. 1) will I be granted entry into Spain with my return flight after my visa expires? Thanks!

Javier Rodríguez August 1, 2023 @ 6:21 pm

Hello Brett, You have a grace period to leave the Schengen Area, so you should not face any issues leaving the country 4-5 days later. Kind Regards, Javier R.

Zineb August 9, 2023 @ 3:49 pm

I am currently a student here in Madrid, originally from Morocco. I initially arrived in Spain with a student visa that was valid from October 2021 to June 2022. Unfortunately, I overstayed this visa period, and I am still in Spain. However, I am scheduled to graduate in September 2023.

I have successfully obtained my certificate of completion from my previous university, and I am now in the process of enrolling in a new course here in Spain.

I would greatly appreciate your guidance regarding the possibility and potential risks of applying for a student visa extension in my current situation. Given that I have already exceeded the validity of my previous visa, I am uncertain about the best course of action.

Thank you for your time and assistance. Your insights would be immensely valuable in helping me navigate this situation.

Javier Rodríguez August 16, 2023 @ 6:59 pm

Hello Zineb, If your visa expired in June 2022, indeed they will not renew your student visa this late, I am afraid. I hope I am wrong, but I don’t think so. Kind Regards, Javier R.

Mani Ban September 19, 2023 @ 4:38 pm

I am a US citizen with graduate visa from UK. I came into Spain 22nd of June 2023 under instructions from a company that was sponsoring a work visa. They submitted my work visa application on the 18th of July and have said that it should be approved no later than the 18th of October since the legal timespan is 3 months and after that, supposedly it gets automatically approved. I just made 92 days today and still haven’t received an answer from Extranjeria. I dont know if staying over 90 days will affect the decision to grant the work visa.

Thanks for ur answer!

Javier Rodríguez September 19, 2023 @ 6:57 pm

Hello Mani, You will be staying legally in Spain whilst waiting for the residence permit approval or rejection. However, I don’t think the same thing about the positive administrative silence (so it gets automatically approved). Besides, the time start counting from the day after from the Admisión a Trámite . Kind Regards, Javier R.

Mani Ban September 20, 2023 @ 10:06 am

You answer has been very helpful ! Thank you Javier

Also, during this process I’ve had to renew my passport because it would expire on January 6th 2024 – would this affect the visa process at all?

Javier Rodríguez September 20, 2023 @ 4:58 pm

Hello Mani, A pleasure. That passport expiration should be noticed by themselves so they should ask you to provide a new passport, since one of the requirements to apply is the passport must be valid for the next 6 months, the least. Kind Regards, Javier R.

Jurobek October 7, 2023 @ 9:42 am

Hello Javier.

Thank you for all your previous answers. I am a non EU citizen (Asian country), but I am married to an EU citizen who works in Spain now. At the moment, I have a long term residence permit from EU member Czech Republic. I wanted to move to Spain during the summer, so I registered at the Padrón at the end of May. However, I had to continue working for my job in Prague until August. Therefore, I still have not applied for the Spanish residence permit. Will this be an issue since I registered myself in Barcelona over 3 months ago? Even though I have not been living in Spain?

Kind regards, Jurobek

Javier Rodríguez October 24, 2023 @ 5:38 pm

Hello Jurobek, No, it should not be an issue. But you should have specified what you mean with “I registered myself in Barcelona”, since you also said you have not applied for a residence permit in Spain yet. Best Regards, Javier R.

MIkel October 30, 2023 @ 6:44 pm

Hello, I have a US passport. Seems like i will be 9 days overstayed by the time I live the country (Madrid-Spain). Would I have any problems? I am flying back soon and don’t know if I should go to my consulate to avoid any penalties. Would I be able to come back to Europe? Thank you so much for your help!

Javier Rodríguez November 22, 2023 @ 3:46 pm

Hello Mikel, The issues may come when trying to come back to the Schengen Area if the authorities notice you overstayed last time. It is difficult to say if it will happen, but it usually doesn’t. Kind Regards, Javier R.

Patrick October 31, 2023 @ 4:47 pm

Hello Javier I am Canadian and I arrived Oct 23, 2023 and return flight is on January 18th, 2024 which means 88 days in Spain. I am getting teeth implants by a Spanish surgeon in Estepona. If the dental operations and recover calls for an extended stay do you think such is a valid reason for an extended stay with a note from the dentist?

Thank you for your consideration to this question. Appreciate your reply.

Javier Rodríguez November 22, 2023 @ 3:44 pm

Hello Patrick, The reason to extend your tourist visa (or 90 days period) must be a matter of vital emergency, so the foreigners’ office will not accept it, I believe. However, if the police or airport authorities ask you about your overstay, you may show them your surgeon appointments and dentist reports. It is just my suggestion. Kind Regards, Javier R.

Shriya November 1, 2023 @ 10:49 pm

I am from India ,living in Barcelona as a student. My TIE is expiring on 9th Dec and I have my flight back to India on 14th Dec 2023, will there be any issue boarding the flight back to my country.

Javier Rodríguez November 22, 2023 @ 3:41 pm

Hello Shriya, You should not have any issues leaving the country, especially within the next 5 days after your card’s expiration. The issues usually come when entering the country, in case. Kind Regards, Javier R.

Andrea Ruiz November 24, 2023 @ 8:00 pm

Hola Javier,

I live in Switzerland with a Swiss residence permit (B) and have both US and Colombian passports. I entered Spain Sep 14th 2023 and would like to stay through Jan 31st 2024. In this time I’ve had business trips to other countries for 2 weeks. I believe this puts me at 1 month past the allowed 90/180 days in a 6 month period. I entered using my US passport – if on my next business trip I use my Colombian passport to enter will this be okay?

Javier Rodríguez December 1, 2023 @ 3:47 pm

Hello Andrea, They can only know how long you stayed around the Schengen Area checking your passport stamps. Therefore, if you have 2 passports and you show a different one whilst leaving, they may ask you for the missing entry stamp, so you will need to show them the other passport. However, I don’t think it will be an issue to leave Europe, but to come back before the next 90 day (they can refuse your entry due to this rule). Kind Regards, Javier R.

Sofija December 7, 2023 @ 9:37 pm

Hola Javier!

I have a question regarding the autorización de regreso. I applied for it even though I am still waiting for the resolution on my student visa application. I got the regreso and traveled abroad with it.

I saw that you mentioned in the comments that the police will not provide a regreso while a person is waiting for a resolution. However, they did grant me a regreso, and now my concern is that although I have it, that I will still not be allowed to re-enter Spain, since I got it on the basis of waiting for my student visa application resolution.

Is this something I need to be concerned about or since I have the regreso, there should not be any issues?

Thank you and kind regards!

Javier Rodríguez December 28, 2023 @ 7:17 pm

Hello Sofija,

I may not have specified the police will not issue an autorización de regreso until you have applied for the FIRST equivalent residence card (TIE). But if you are renewing your residence permit or you are extending your visa, then you just need to prove you already applied for such a renewal or extension at the relevant Spanish authorities.

It also depends on the police office, I must say.

I hope it helps.

Natasha January 3, 2024 @ 9:36 am

Hello! I had a student visa which expired in May. I renewed it in august and the result was negative. I then appealed this and received the negative outcome in November. I have two months to take it to court (so until mid Jan), although the letter doesn’t specify I need to leave the country. Will anything happen(e.g fine or ban) if I return to my country (UK) at the end of January?

Javier Rodríguez January 3, 2024 @ 6:06 pm

Hello Natasha, I am sorry for the bad news. You will not be fined leaving Spain anyway. I must also say it is not usual they reject a student visa renewal if you are still studying at the same place and within the same circumstances. Kind Regards, Javier R.

Roy Birkinshaw January 14, 2024 @ 3:47 pm

Hi. (British resident & passport holder overstaying Shengen 90 day issue). Have been visiting Spain & had a property there since 2005. Arrived for another regular visit on 1 Sep 2023 (& was due to leave on 14th Oct which would have been our 90th Schengen Day) Had a Heart Attack & then a few days later on 22nd Sep a Double Bypass Operation so unable to travel for a while. Left Spain without issue on 15th Nov, despite this being our 122nd Schengen day. So we clearly overstayed the Schengen 90 day limit. So our question is – when is it safe for us to return legitimately to Spain? Do we have to wait 90, 180 or some other number of days before returning? [We did finally locate & complete the required forms together with a medical discharge form providing proof of the operation etc. But we failed to locate the Alicante officina de extranjeros and hand the forms over to apply for dispensation to extend our stay for medical reasons. (We understand this has to be done before the 90th day, and we found it very hard to get info about the forms or the officina – so failed on that score)]

Javier Rodríguez January 15, 2024 @ 5:08 pm

Hello Roy, It is simpler than it seems. You are allowed to stay around the Schengen Area for up to 90 days every 180 days. You need to calculate it (there are some websites that calculate this for you, indeed). The rest of circumstances are irrelevant in this case, such as the medical reasons or the property you own in Spain, I am sorry to say. Therefore, to avoid airport rejections whilst coming to Spain, please be sure to fulfil the 90/180 days rule. Kind Regards, Javier R.

Ren January 16, 2024 @ 9:51 pm

Hello! I came to Europe in the summer as a tourist for 20 days and went back for a month to my home country, but in September I returned to Europe and I’ve stayed over 125 days, meaning that in the same semester I’ve stayed over 150 days in Europe, which is obviously exceeding the amount to days I’m allowed to stay. In over two months I’m returning back to my home country; if I try to come back to Europe in a not so far away future, do you think I’m gonna have problems? Are they going to tell me something? I’m resident from Mexico. Thank you for your help!

(also, as an extra question, could I apply to some student visa?)

Javier Rodríguez January 17, 2024 @ 7:37 pm

Hello Ren, If you read other comments, this is a very typical question. And as I said, you should not have any issues leaving the country, but coming back before the next 90 days (once you left the Schengen Area), in case. Kind Regards, Javier R.

Ren January 19, 2024 @ 9:43 pm

So, in case I don’t come back in the next 90 days after I left the country, there wouldn’t be a problem? Thank you for all your attention!

Javier Rodríguez January 26, 2024 @ 5:43 pm

Hello Ren, You are allowed to stay into the Schengen area a maximum of 90 days every 180 days. Kind Regards, Javier R.

Kris March 6, 2024 @ 4:23 am

Hello! I am a Filipino living here in Spain for more than 3 years with a student visa. My visa expires on June 25 but I’m planning to go back to my country on July 25 for good. Will I be fined or encounter any problem during my return flight to Philippines?

Javier Rodríguez March 13, 2024 @ 2:32 pm

Hello Kris, I do not think you will be fined by leaving the country one month after your card expiration date, I must say. Indeed, you can apply for your student visa renewal up to 2 months once it has been expired, by law. I hope it helps. Kind Regards, Javier R.

Renata January 22, 2024 @ 9:48 am

Thank you for your answer! So, in case I want to come back after 90 days, is there probably gonna be an issue knowing that I overstayed last time I entered the shengen Area? How much could they fine me? Appreciate it a lot 🙂

Maria April 23, 2024 @ 2:39 pm

In August 2021, I arrived with my ex-husband in Spain with a multiple-entry Schengen visa C (Non tourist visa), valid for 6 months (as my country of origin requires a visa to enter the EU). I got the visa because I was married to a spanish citizen and so the purpose was to apply for a family reunification residence card after my arrival. However, upon arrival, I encountered personal issues with my partner, leading to our separation so I couldn’t get the residence card. Consequently, I overstayed my visa by an additional 9 months, totaling 15 months in total. In October 2022, I voluntarily returned to my country of origin without facing any fines or signing any documents; the police simply stamped my passport.

Now, I plan to marry a Spanish citizen residing in another EU country. However, I’m unsure if my previous overstay will affect me to obtain a Schengen visa again. My future husband intends to invite me to his EU country of residence in November 2024 (It will be have passed 2 years exactly already since I left Spain) , will it already be prescribed after 2 years?. My boyfriend will invite me under the “visiting family and friends visa for 90 days.” Given that we will be married at that point , I will technically be considered a family member of an EU citizen. My concern is whether I will encounter any issues obtaining the visa and once in the border when traveling to Europe if I the police will let me in since I will be travelling together with my husband who is an EU citizen. I would appreciate your response. Thank you.

Javier Rodríguez April 29, 2024 @ 5:30 pm

Hello Maria, The marriage with a Spanish citizen changes almost “everything”. Besides, once you have entered another EU country, you should apply for your EU family member card with no issues. I hope it helps. Regards, Javier R.

Maria April 23, 2024 @ 3:10 pm

In August 2021, I arrived in Spain with my ex-husband on a multiple-entry Schengen visa C, which was valid for 6 months (non-tourist visa), as my country of origin requires a visa to enter the EU. The purpose of my visit was to apply for a family reunification residence card after joining my spouse, who is a Spanish citizen. However, upon arrival, personal issues arose, leading to our separation, and I was unable to obtain the residence card. Consequently, I overstayed my visa by an additional 9 months, totaling 15 months in total. In October 2022, I voluntarily returned to my country of origin without incurring any fines or signing any documents; the police simply stamped my passport.

Now, I plan to marry a Spanish citizen residing in another EU country. However, I’m uncertain whether my previous overstay will affect my ability to obtain a Schengen visa again. My future husband intends to invite me to his EU country of residence in November 2024 (it will have been exactly 2 years since I left Spain). Will the overstay be considered prescribed after 2 years? My boyfriend plans to invite me under the “visiting family and friends visa for 90 days.” Given that we will be married at that point, I will technically be considered a family member of an EU citizen. My concern is whether I will encounter any issues obtaining the visa and upon arrival at the border when traveling to Europe, considering I will be traveling with my husband, who is an EU citizen. Your insight on this matter would be greatly appreciated. Thank you.

Javier Rodríguez April 29, 2024 @ 5:32 pm

Hello, This is a duplicate question. Answer above. Regards, Javier R.

Maria April 23, 2024 @ 3:47 pm

Javier Rodríguez April 29, 2024 @ 5:31 pm

Hello, I already answered to your previous comment. Regards, Javier R.

Jennifer May 2, 2024 @ 1:00 am

I overstayed by two months, two years ago. When I left, I was not fined or reprimanded. Now, I would like to apply for the remote workers visa. Will I have any issues?

Javier Rodríguez May 2, 2024 @ 5:15 pm

Hello, You should not (if you apply for a Nomad Visa, that’s the visa you mean). Actually the rules are that, if you overstayed around the Schengen area, your passport is not valid for the next 5 years (to travel back to the Schengen Area). But that’s in case you just come as a tourist following the 90 days rule (without a visa). If you want us to assist you applying for your Nomad Visa to Spain , please contact us . I hope it helps. Kind Regards, Javier R.

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The 90-day rule applies to visitors to Spain from non-EU countries, including UK nationals, from January 2021. This regulation restricts the length of stay in Spain to 90 days within a 180-day period. The rule applies to non-EU nationals who require a visitor visa to enter Spain, like Russian, Chinese, or Indian citizens, and those who don't need a visa, such as visitors from Canada, Israel, the United States, or the UK.

The rule aims to control the time spent in the Schengen zone, of which Spain is a part. If someone wishes to stay longer than 90 days within 180 days in Spain, they must obtain a long-stay visa . Such a visa provides residency status for a specified period based on factors like work, research, study, or sufficient income to support expenses.

Visas that meet this requirement include the non-lucrative visa , golden visa , student visa , entrepreneur visa , digital nomad visa , and employment visa . Failure to obtain one of these visas and staying beyond the 90-day limit means the visitor is ‘ overstaying ’. It is important to understand the consequences of overstaying in Spain to avoid any penalties or problems during future travel.

What happens when you exceed your 90-day stay in Spain?

Overstaying your 90-day visa limit in the EU or Schengen zone, without a residency permit, makes it official that you have violated the visa regulations.

With the advent of modern technology, Spanish border guards scan passports upon entry and exit from the EU, making it nearly impossible to slip through the cracks.

The upcoming EES scheme is set to make the process even more stringent. While the EU has several penalties for overstayers, the actual enforcement varies among member states.

However, Spain has historically been one of the more lenient countries, showing flexibility with dates during the COVID-19 pandemic.

Theoretically speaking though, overstaying your 90-day visa limit in an EU country could lead to several penalties:

Deportation - the EU countries reserve the right to deport overstayers or provide a specific timeframe to leave. However, deportation is uncommon for those not working or claiming benefits, and they are usually advised to leave as soon as possible.
Entry ban - EU countries can impose a complete ban on re-entry for overstayers for up to three years, or even longer, in some cases. Such bans are usually imposed on people who have stayed beyond a considerable period or committed a crime during their overstay.
Fines - In addition to other penalties, fines vary according to the country.
Prison sentences - in rare cases, overstayers may face up to a year in prison, especially if they have worked for several months or committed any criminal offence.

Is there any flexibility?

During the COVID-19 pandemic, Spain provided some relief for third-country nationals who overstayed their 90-day limit. The state bulletin granted a brief grace period of three months during the state of alarm. Although this pandemic grace period is no longer in effect, there are still some exceptions. If you have reasonable and justified reasons for not adhering to the 90-day limit deadline, it is less likely that any harsh penalties would be applied.

Spanish lawyer, Romulo Parra, has confirmed that Spain offers visa extensions to third-country nationals who experience unforeseen circumstances such as illness or accidents. However, it is important to note that these extensions are not granted easily, and you must provide evidence to support your claim.

Despite the 90-day limit rule, Spain has earned a reputation for being relatively lenient with non-EU nationals, particularly Americans and Australians, when it comes to overstaying for a few days. However, this should not be taken as a guarantee, and it is always better to adhere to the 90-day rule to avoid any legal problems.

How to stay within the 90-day limit in Spain and avoid overstaying

To avoid accidentally overstaying your 90-day limit in Spain, it is essential to understand the Schengen rules. For example, your arrival date counts as the first day of your stay, even if you land just before midnight. Similarly, the day you leave counts as the next day if you depart anytime after midnight, even if it's in the early hours of the morning. To keep track of your permitted stay, you can use a convenient calculator that will tell you how many more days you have left in a 180-day period.

While it's essential to follow these guidelines, unforeseen events can occur, as the pandemic has taught us. Spain has shown leniency during the pandemic and has been accommodating to Britons living in Spain during the post-Brexit transition. If a situation arises where you must stay longer than the allowed 90 days, you should be honest and upfront about the situation. Punishments for overstaying are rare, and Spain is known to be less strict on precise entry and exit dates, provided you are not working, claiming benefits, or engaging in illegal activities.

However, it's essential to remember that all EU member states, including Spain, have the right to punish those who intentionally overstay their 90-day limit within the 180-day period. Such an action is considered a serious violation of the law and can result in hefty fines, expulsion, or even a prison sentence.

What are the consequences of ‘overstaying’ the 90-day period?

Article 53.1.a of Spain's Immigration Bill clearly states that staying beyond the permitted 90-day limit is a serious legal violation that carries severe consequences.

The penalties for overstaying can range from fines of 500 to 10,000 euros, and in certain cases, the offender may face expulsion from Spain or a ban from the Schengen area lasting anywhere from six months to five years.

It is important to note that the gravity of the punishment depends on the severity of the violation. Minor wrongdoings or unintentional overstays may result in a fine of less than 500 euros. On the other hand, serious breaches, such as overstaying for an extended period or violating the terms of a visa, can lead to substantial penalties ranging from 10,000 to 100,000 euros.

Visitors to Spain must adhere to the 90-day limit and follow all immigration laws to avoid these severe consequences. In recent years, Spanish courts have tended to favour imposing fines or even jail sentences on overstayers, rather than deportation. The Spanish government has also clarified that individuals who overstay their visa may be subject to either a fine or deportation, but not both.

To avoid any complications or unexpected events, it is advisable to book your return flight well before the expiration of your 90-day stay in Spain, especially if you do not intend to apply for residency in the country. This will give you some leeway in case of unforeseen circumstances such as flight cancellations or delays.

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Everything you need to know about 90 Day Rule Spain

🔥 The 90-Day Rule in Spain Explained
☝️ How Does Spain Implement the 90 Day Rule?
⚖️ How Do I Know When the 90 Days Are Up?
🔥 Can I Get More Than 90 Days If Necessary?
🥇 Do I Have to Stay for 90 Days Straight?
🥇 What Happens if I Stay in Spain for Longer than 90 Days?
⚠️ How Will Spanish Authority Know How Long I've Been There?
🌟 Who Must Comply with the 90/180-Day Rule in Spain?
📣 Why are British Nationals Now Affected by the 90 Day Rule in Spain?
☎️ Can I Work or Study in Spain While Under the 90-Day Rule?
💻 What are my Options Before the End of the 3 Months
❤️ Is There a Way to Extend My Visit?
🌍 Can I Stay Longer in Spain If I Own Property?
💻 Important: 90/180-Day Rule in Spain Not the Same as the 183-Day Rule

Imagine feeling the warm sun on your face, smelling the aroma of freshly prepared seafood, and the sound of upbeat Spanish music. This is what you would experience if you were in Spain.

Spain is a popular destination for tourists. It offers a wide variety of attractions and activities. From its pulsating culture to breathtaking architecture and delectable cuisine, you can’t help but get swept up by the country’s grandeur.

But as you plan your trip, you may be wondering, “ How long can I stay in Spain without residency ?” The answer lies in the 90-day rule .

Do you want to live in Spain?

Our law firm has more than 15 years of experience.

This is a regulation that determines how much time you can spend in the country as a tourist. The rule can be a bit confusing, but don’t worry – we’re here to break it down for you and help you make the most of your time in Spain. So, grab a sangria and get ready to learn all about the 90/180-day rule in Spain.

The 90-Day Rule in Spain Explained

The 90-day regulation is a guideline that the Schengen Member States created to limit the number of days (90 days) that non-EEA (European Economic Area) nationals can spend in any one Schengen country within a period of 180 days.

It is also known as the 90/180-day rule .

Simply put, the 90 day rule states that short-term visitors to Spain without residency permits should not exceed the permissible 90-day stay. This is regardless if they hold a tourist visa or not. When your 90 days are over, you are required to leave the country or apply for permanent residency status.

How Does Spain Implement the 90 Day Rule?

Spain implements the 90-day regulation similarly to other Schengen countries. The total stay allowed on a Schengen visa (which allows multiple entries) is restricted to no longer than 90 days within a 180-day period. You need to count back 180 days to determine how many days you’ve previously spent in Spain (or any other country that is part of the Schengen zone) and how many more days you may add to sum to the allowed 90 days.

The 90-day clock starts ticking the moment you enter Spain . After 90 days, you must leave Spain and the Schengen Area (the group of 26 European countries that allow free movement of people) for at least 90 days before you can enter again without a visa.

The 90-day regulation is enforced across the whole Schengen countries, and not just in Spain. In that case, if you spend 90 days in Spain, you cannot simply hop over to France or Italy and stay for another 90 days. Your stay in these countries is counted towards your 90-day limit.

How Do I Know When the 90 Days Are Up?

The Schengen website has a handy ‘ travel calculator ‘ to assist you in figuring out how many days you can spend visiting the Schengen countries. Once you’ve picked your arrival and departure dates, the calendar will automatically calculate the end of your 180-day term. The calculator can also tell you the number of days you have left before you must leave Spain in accordance with the country’s 90-day guideline.

It is important to note that the clock for the 180 days will continue to tick. The two 90-day periods cannot be merged into a single prolonged stay.

Can I Get More Than 90 Days If Necessary?

Yes, an extension of your 90-day tourist limit is possible . However, it’s more challenging than you may think. You can acquire an extension by submitting an official request to the national police. In most cases, requests for extensions are rejected. Such requests are allowed only in extreme circumstances, such as in the case of an emergency . This includes situations when you are unable to return to your home country due to unforeseen circumstances, such as an accident or a sudden illness .

Do I Have to Stay for 90 Days Straight?

On the contrary, you have complete discretion over how you spend your 90/180-day limit. You can, for instance, enter Spain on January 1st and remain there for the next 90 days (until March 31st).

Alternatively, you can break up the 90 days that begin on January 1st and conclude on June 29th (when the 180 days period ends) into multiple shorter trips to Spain.

What Happens if I Stay in Spain for Longer than 90 Days?

If you overstay your 90-day Schengen Visa, you risk facing legal repercussions . Therefore, you need to leave Spain (or any other Schengen country) immediately after the 90-day limit is over.

You will then need to wait 90 days after leaving Spain (or Schengen) before you can enter again without a visa. For example, if you spend 90 days in Spain and leave on April 12th, you won’t be allowed to return without a visa until at least July 11th.

Usually, the penalties for exceeding the 90-day limit are a fine between €500 and €1000 . However, an expulsion procedure , even though rare, may be initiated depending on the severity of your situation.

If this penalty is enforced and you are forced to leave the country, you will be barred from entering Spain for the following 5 years . You’ll also lose the right to seek a residency permit during this time.

Additionally, the days you exceed will be carried over to the subsequent semester . In other words, if you overstay your Schengen Visa by, for example, 3 months, you’ll have to wait a full year before you may re-enter Spain. This includes the 3-month waiting term for the first 6-month ruling period plus the 3-month waiting period for the subsequent 6-month ruling period.

How Will Spanish Authority Know How Long I’ve Been There?

The dates you enter and leave Spain are recorded in a database with the stamps on your passport.

Who Must Comply with the 90/180-Day Rule in Spain?

The 90/180-day rule applies if you fall into one of the following and want to go to Spain:

You have a valid multiple-entry Schengen visa from a Schengen or non-Schengen countries.
You are a citizen of a country with a visa agreement with Spain or the Schengen Area , allowing you to be in Spain visa-free for up to 90 days every 180 days.
You’re British citizen .

Why are British Nationals Now Affected by the 90 Day Rule in Spain?

Prior to Brexit, British citizens had unrestricted access to all EU countries and could stay in any of them for as long as they liked. After the UK’s formal exit from the European Union on December 31st, 2020, British citizens are now treated as third-party nationals in Spain and the rest of the Schengen member states.

In other words, they are subject to the same regulations as the nationals from the United States, Australia, and Japan interested in visiting Spain or any other Schengen country.

However, there are considerations to scrap the 90-day regulation for British tourists. This has been echoed by Spanish Tourism Secretary Fernando Valdés, who says the restriction is counterproductive to Spain’s interests.

Can I Work or Study in Spain While Under the 90-Day Rule?

Under the 90-day/180-day regulation, visitors to Spain are prohibited from engaging in paid employment or studies . This includes remote employment for Spanish or foreign companies while in Spain. If you want to undertake any of these, you need to apply for an appropriate visa before arriving in the country.

Recently, the government of Spain made an announcement that they would begin giving a Digital Nomad Visa. This short term visa will make it possible for people from other countries to live in Spain and work remotely while still enjoying the country’s various tourist attractions.

What are my Options Before the End of the 3 Months

You can avoid getting into legal problems in several ways. As discussed earlier, you are permitted to remain in Spain for a maximum of 90 days at a time as a tourist.

You can choose between the following two significant options if you want to avoid falling into an unusual situation and running the danger of receiving a sanction:

Either leave the Schengen area or go back to your country.
Apply for a residence permit if you plan on staying in Spain for an extended period.

This second choice requires caution, however. Considering that you are already in Spain, the number of options open to you will naturally be less. This is because, for many residency permits, you are required to begin the application process at the Spanish embassy in your native country.

Is There a Way to Extend My Visit?

It’s recommended that non-EEA residents, including British nationals, apply for a visa before travelling to Spain if they are interested in long term stays. This is to avoid being subject to the country’s 90-day maximum stay requirement.

There is a lot of information about visas but we always recommend talking to a serious law firm to help you through the whole process, you can contact our lawyers if you have any questions.

Anyway here you can find the most common visas.

Work Visa This is appropriate for anybody who has been offered a job in Spain. A copy of your employment contract and your application must be submitted no later than one month after you have responded favourably to the job offer. If your visa is approved, you have one month to enter the country and another month to apply for a residence permit.
Self-Employment Visa A self-employment work visa is available for those who want to work independently or start a company in Spain. You’ll need to show that you have a well-thought-out business plan, secure premises, the right credentials, and confirmation of enough financial resources to get by as part of your application. Once again, you’ll have a one-month window to enter the country and another to apply to be a resident in Spain.
Non-Lucrative Visa You don’t need a job offer to apply for this visa in Spain. It’s an excellent option for retirees. It’s easy to get it if you already have enough money to meet your fundamental living expenses. You’ll need to prove that you have a stable source of income if you want your application to be considered. The minimum monthly sufficient finances required as of 2022 was €2,316.08 per month (about €27,792.96 annually). You’ll need an additional €6,948.24 monthly income for every accompanying family member. After approval of the visa, you will have one month to enter Spain and apply for a Foreign Resident Card.
Golden Visa It is also known as the “investor-entrepreneur visa.” Golden visa applicants must be citizens of a non-EU country and demonstrate their ability to make a large investment in Spain. This can be by establishing a new company in Spain or investing in Spanish real estate, stocks, government bills or bonds. However, to qualify, a minimum value of €500,000 is required, and this value shouldn’t be used as collateral for any kind of loan or mortgage.
Digital Nomad Visa It’s a brand-new kind of visa. The digital nomad visa allows workers living in countries outside the EEA to come to Spain and work here for a period of 6 to 12 months. To qualify for this visa, you must demonstrate that your employer allows you to work remotely, you get at least 80% of your income from sources outside of Spain, and you can successfully perform your job duties remotely.

Can I Stay Longer in Spain If I Own Property?

Even if you own property in Spain, you are only allowed to remain in the country for a maximum of 90 days in any 180-day period without a visa or residence permit. You are free to do any real estate transactions, including purchasing or leasing, but you must adhere to the 90-day/180-day guidelines.

Important: 90/180-Day Rule in Spain Not the Same as the 183-Day Rule

So far, we have looked at Spain’s 90-day regulation. We’ve identified that it establishes the longest a tourist can remain in the country before facing a potentially illegal scenario.

However, this rule is sometimes confused with the 183-day rule , a different rule with a strikingly similar name.

The 183-day threshold is the dividing line between resident and non-resident status in Spain. If you spend more than 183 days in Spain in a calendar year (January 1st to December 31st), you are considered a resident of Spain.

16 thoughts on “ Everything you need to know about 90 Day Rule Spain ”

We have UK passports and live in a Schengen country and have a resident permit. How long can we stay in our holiday home in Andalusia?

You can be in Spain for 90 days within every 180 days.

we have a property in Andalusia bought before Brexit my wife has an eu passport is easy to get a residency for for me I am 60 + and still working

You can apply for residency as an EU family member and thus obtain Spanish residency for 5 years. We can help you through the whole process.

My wife and I are long time legal residents in Spain and wish to travel within the Shengen area next year for 5 – 6 months. Is this possible under our Spanish residency?

In order to renew your residency you have to be in Spain for at least 183 days, but if you want to apply for permanent residency after 5 years in Spain you have to remember that you cannot be out of Spain for 10 months within the 5 years.

For the non lucrative visa, does it have to be “income”, what about if you have enough money to cover the whole year?

You can have a monthly income of 2400€ or have savings of more than 28.800€.

Whats this database that registers your stay? As far as I’m aware it’s just the passport stamps at the moment.

The seals and then the national police have a control on their borders.

If you decide to stay and go for residence, and have a pension income do you pay income taxes on that pension? Also how do you apply for residence?

It depends on your pension! Since it varies according to your earnings.

Can a UK national stay more than 90 days if in the company of his Spanish wife?

No, to stay more than 90 days you need to have a visa, not for having a company in Spain, having a property gives you the right to live more than 90 days in Spain.

If you need help with your visa we will be happy to help you.

Hi. I am returning to Spain for third time this year. I will have used 86 days by 13 September. My 180 days run out 14th September. Please when does my next 90 day period star.

We would have to know the dates to calculate the days you have pending in our schengen calculator, without knowing the days you have entered Spain and the dates you have been in Spain it is impossible to give you an answer.

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How Long Can I Stay In Spain On A Tourist Visa

Published: November 8, 2023

Modified: December 28, 2023

by Adelina Kaye

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Introduction

Welcome to the vibrant and culturally rich country of Spain! With its stunning landscapes, fascinating history, and warm hospitality, Spain is a top destination for travelers from around the world. If you’re planning a visit to this Iberian gem, you may be wondering about the duration of your stay and the requirements for entering the country.

Spain offers a variety of visa options depending on the purpose and length of your stay. For tourists, the most common type of visa is the tourist visa, which allows individuals to explore the country for a limited period. Understanding the rules and regulations surrounding the tourist visa is essential to ensure a smooth and trouble-free visit to Spain.

In this article, we will delve into the details of the tourist visa in Spain, including the duration of stay, extension possibilities, visa-free entry for certain nationalities, consequences of overstaying, and alternatives for longer stays. By the end, you’ll have a comprehensive understanding of how long you can stay in Spain on a tourist visa and the options available if you wish to extend your visit.

Overview of Tourist Visa in Spain

The tourist visa, also known as a Schengen visa, allows individuals to visit Spain for tourism, leisure, or to visit friends and family. This visa is valid for a short-term stay and is typically issued for a maximum duration of 90 days within a 180-day period.

Obtaining a tourist visa for Spain requires fulfilling specific requirements set by the Spanish authorities. These requirements can include providing a valid passport, proof of financial means to support your stay, proof of accommodation, travel insurance, and a completed visa application form.

It’s important to note that the tourist visa is intended for non-working activities, such as sightseeing, exploring cultural attractions, or enjoying the beautiful Spanish beaches. Engaging in any form of employment or business activities while on a tourist visa is strictly prohibited.

Additionally, it’s crucial to apply for the tourist visa well in advance of your planned trip to Spain. The processing time can vary, so it’s recommended to submit your application at least four to six weeks prior to your intended departure date.

Once you have obtained your tourist visa and arrived in Spain, you will need to ensure that you adhere to the conditions of your visa, including the duration of stay allowed.

Next, let’s delve into the maximum duration of stay permitted on a tourist visa in Spain and the possibility of extending your visit if needed.

Duration of Stay Allowed on Tourist Visa

When it comes to the duration of stay allowed on a tourist visa in Spain, it’s essential to understand the concept of the “90/180 rule.” This rule means that within any 180-day period, you are allowed to spend a maximum of 90 days in the Schengen area, which includes Spain.

Let’s break this down further. Imagine you arrive in Spain and stay for 30 days. After leaving Spain, the clock starts ticking on your 180-day period. During those 180 days, you can spend a total of 90 days in Spain or any other Schengen country. However, once you reach the 90-day limit, you must leave the Schengen area and wait for another 90 days before you can reenter.

It’s crucial to keep track of your days accurately to avoid overstaying on your tourist visa. This can have serious consequences, which we will discuss in the next section.

If you plan to stay in Spain for a longer period, it’s advisable to consider alternative visa options that cater to your specific needs. The tourist visa is primarily designed for shorter-term visits, and exceeding the 90-day limit can lead to complications.

Next, let’s explore the possibility of extending your tourist visa if you find yourself wanting to prolong your stay in Spain beyond the initial 90-day period.

Extension of Tourist Visa

If you find yourself wanting to extend your stay in Spain beyond the maximum 90-day period allowed on a tourist visa, you might be wondering if it’s possible to obtain an extension.

Unfortunately, extending a tourist visa in Spain is quite challenging. The general rule is that tourist visas are not extendable, and you are expected to leave the country once your 90-day limit is reached.

However, there are a few exceptions to this rule. In certain exceptional circumstances, such as medical emergencies, force majeure situations, or other compelling reasons, you may be able to apply for an extension. These cases are evaluated on an individual basis, and you will need to provide adequate documentation to support your request.

If you believe your situation qualifies for an extension, it is advisable to contact the nearest Spanish consulate or embassy for guidance. They will provide you with the necessary information and guide you through the application process. Keep in mind that each case is handled differently, and there is no guarantee that an extension will be granted.

However, it’s important to note that obtaining an extension is the exception rather than the norm. Therefore, it’s advisable to plan your stay in Spain within the 90-day limit to ensure compliance with the visa regulations.

Now that we have discussed the limitations of extending a tourist visa in Spain, let’s explore visa-free entry options for certain nationalities.

Visa-Free Entry for Certain Nationalities

Spain, as a member of the Schengen Area, offers visa-free entry to nationals of certain countries. These individuals can travel to Spain for tourism or business purposes without requiring a tourist visa. Instead, they can enter Spain and stay for up to 90 days within a 180-day period using their valid passport.

The list of countries eligible for visa-free entry to Spain can vary and is subject to change. Generally, citizens of the European Union (EU) member states have the right to travel to Spain and reside there without a visa. Additionally, citizens of countries such as the United States, Canada, Australia, New Zealand, Japan, South Korea, and many others, have visa-free access to Spain.

Keep in mind that although these nationalities can enter Spain without a visa, they still need to comply with the 90/180-day rule. This means they can stay in Spain for a maximum of 90 days within any 180-day period. It’s crucial to keep track of your entry and exit dates to avoid overstaying and potential penalties.

If you are unsure about whether your nationality allows for visa-free entry to Spain, it is advisable to check with the Spanish embassy or consulate in your home country before planning your trip. They will provide you with the most up-to-date information regarding entry requirements.

Now that we have explored visa-free entry possibilities, let’s discuss the consequences of overstaying on a tourist visa in Spain.

Overstaying on a Tourist Visa

Overstaying on a tourist visa in Spain can have serious consequences and should be avoided at all costs. If you stay in Spain beyond the allowed 90-day period, you may face penalties, legal issues, and potential difficulties in future travels.

When you overstay on a tourist visa, you are considered to be residing in the country illegally. If caught, you could be subjected to fines, deportation, or even a ban from reentering Spain or the Schengen area in the future. These penalties can have long-lasting implications on your travel plans and personal and professional opportunities.

It’s important to note that Spanish authorities take visa overstays seriously and actively monitor individuals for compliance. They have access to immigration records and can easily identify travelers who have exceeded their allowed stay. Moreover, airlines and other transport companies are required to provide passenger data to immigration authorities, which helps identify individuals who have overstayed.

To avoid the risks and consequences of overstaying, it’s crucial to plan your trip and adhere to the rules and regulations of your tourist visa. Make sure to keep track of your entry and exit dates, and leave Spain within the specified timeframe.

If you desire to stay in Spain for a longer duration or engage in activities that are beyond the scope of a tourist visa, it’s recommended to explore alternative visa options that align with your specific circumstances. This will help ensure a legal and worry-free stay in the country.

Now, let’s discuss some alternatives to a tourist visa for individuals seeking longer stays in Spain.

Consequences of Overstaying

Overstaying on a tourist visa in Spain can have severe consequences that can impact your future travel plans and legal status. It’s crucial to understand the potential repercussions before deciding to exceed the permitted duration of stay.

First and foremost, overstaying on a tourist visa is considered a violation of immigration laws. If caught, you may face fines, deportation, or even a ban from reentering Spain or the entire Schengen area. These consequences can be particularly problematic if you plan to visit other European countries in the future, as the Schengen visa ban can restrict your travel opportunities.

In addition to legal consequences, overstaying can also have practical implications. You may encounter difficulties when attempting to leave Spain or trying to travel to other countries. Immigration authorities and transport companies have access to immigration databases, and they can deny boarding or entry if they discover that you have overstayed your visa.

Moreover, an overstayed visa record can also complicate future visa applications. When applying for visas to other countries, you may be required to disclose any immigration violations, such as overstaying. This can lead to increased scrutiny, longer processing times, or even the denial of your visa application.

It’s important to note that any penalties or consequences resulting from an overstay stay on your immigration record and can have long-term implications. It’s not only about the immediate risk of being caught, but also about the potential impact it can have on your travel plans and personal and professional opportunities.

Given the serious consequences of overstaying, it is essential to adhere to the rules and regulations of your tourist visa. If you desire a longer stay in Spain or need to engage in activities beyond the scope of a tourist visa, it’s advisable to explore alternative visa options that align with your specific needs and circumstances.

Now, let’s move on to discussing some alternatives to a tourist visa for individuals seeking longer stays in Spain.

Alternatives to Tourist Visa for Longer Stays

If you wish to stay in Spain for a longer period or engage in activities beyond the scope of a tourist visa, there are alternative visa options available to cater to your specific needs. These visas allow for extended stays and can provide you with the necessary legal status to reside, work, study, or pursue other activities in Spain.

1. Student Visa: If you plan to study in Spain, you can apply for a student visa. This visa allows you to stay in the country for the duration of your academic program. You will need to provide documentation of your enrollment in a recognized educational institution in Spain.

2. Work Visa: If you have a job offer or plan to work in Spain, you can apply for a work visa. This visa is typically sponsored by an employer and grants you the right to reside and work in the country for a specific duration.

3. Entrepreneur Visa: Spain offers an entrepreneur visa for individuals who wish to start their own business in the country. This visa requires a detailed business plan and evidence of sufficient funds to support the entrepreneurial venture.

4. Golden Visa: The Golden Visa program is designed for investors who wish to obtain residency in Spain through property investment, capital transfer, or job creation. This visa provides an opportunity for individuals and their families to reside and work in Spain.

5. Family Reunification Visa: If you have immediate family members who are Spanish citizens or legal residents, you may be eligible for a family reunification visa. This visa allows you to join your family in Spain and obtain legal residency.

It’s important to note that each alternative visa has its own specific requirements and application process. Consulting with the Spanish consulate or embassy in your home country or seeking the assistance of an immigration lawyer is highly recommended to ensure a smooth and successful application.

By exploring these alternatives, you can find a visa option that enables you to have a longer stay in Spain and engage in activities beyond the scope of a tourist visa.

Now, let’s summarize our discussion on staying in Spain on a tourist visa.

In conclusion, the tourist visa allows individuals to visit Spain for tourism and leisure activities for a maximum duration of 90 days within a 180-day period. It is important to adhere to the 90/180-day rule and avoid overstaying, as it can result in serious consequences such as fines, deportation, and future travel restrictions.

While the tourist visa is not extendable in most cases, there are alternative visa options available for individuals seeking longer stays in Spain. These include student visas, work visas, entrepreneur visas, golden visas, and family reunification visas. Exploring these alternatives and consulting with the Spanish consulate or embassy or an immigration lawyer can help you find the appropriate visa option for your specific needs.

If your nationality allows for visa-free entry, remember to track your entry and exit dates to ensure compliance with the 90/180-day rule. Nationals of certain countries can enter Spain and stay for up to 90 days without a visa, but they still need to be mindful of the allowed duration.

In summary, understanding the tourist visa regulations, being aware of the consequences of overstaying, and exploring alternative visa options are crucial for a successful and legal stay in Spain. By planning your trip in advance and adhering to the visa requirements, you can fully enjoy the wonders of Spain while complying with the immigration rules.

Whether you’re visiting the extraordinary cities, exploring the picturesque countryside, or indulging in the delicious cuisine, Spain offers a diverse and captivating experience for every traveler. So, plan your trip, obtain the appropriate visa, and embark on an unforgettable journey to this enchanting country!

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What happens if you stay in Spain for more than 90 days?

Spain is one of the most popular destinations for visitors from around the world, with over 100 million people visiting the country in 2022. Visitors from certain European countries can travel freely due to relaxed borders between parts of Europe, but international visitors from other places – including the UK and the US – will need a specific visa.

This is known as a Schengen Visa , which allows citizens who don’t benefit from agreements between European nations to access simplified travel documentation and travel within specified countries for a limited time, including Spain. However, travelling or remaining in Spain past the expiry of this visa can have serious consequences.

To make sure you stay on the right side of international laws and keep your travel paperwork in order, this blog explains why visitors can only stay in Spain for 90 days out of every 180 , and what you should do if you want to stay in Spain for longer than this without getting in trouble.

What is the 90/180-day rule for Schengen Visas?

The Schengen area covers a group of 27 European countries that allow free travel between their mutual borders – one of which is Spain. Nationals of these EU and EEA (European Union and European Economic Area) countries can travel through the Schengen zone visa-free.

However, non-EU/EEA nationals wanting to stay in a Schengen country or travel through the zone must obtain a Schengen Visa . This is a short-stay visa that allows you to stay within the Schengen area for up to 90 days , which is typically used for tourism, studying, volunteering, or business trips.

Once a three-month Schengen Visa has expired, you must leave the Schengen area and cannot return to any countries within it until 180 days have passed from its date of issue. This is because there is a limit on Schengen Visas that only allows non-EU/EEA nationals to spend a maximum of 90 days in the Schengen area out of any 180-day period.

The 90 days don’t have to be consecutive – for example, you could spend 30 days in Spain, 30 days in France, and 30 days in Italy within the six-month period allowed, with gaps in between each stay. If you spent 90/180 days in just one country, like Spain, the 90/180 rule does mean that you can’t visit any other Schengen country until the next 180-day period .

Once you have reached the 90/180 day limit , you must return to your country of origin. If you wanted to extend your stay in Spain, you would still need to return home to apply for an appropriate visa at your country’s Spanish embassy, so that you can come back to Spain and obtain a residence permit for a longer stay.

What happens if you overstay on a Schengen Visa?

If you don’t leave the Schengen area completely when your 90 days are up – meaning the entire zone, not just moving from one Schengen country to another – then you are officially overstaying your Schengen Visa . This means you’re breaking the law, and there will be legal consequences.

Some Schengen countries are more lenient than others and simply instruct overstayers to leave right away, but others may be stricter about enforcing the penalties for overstaying a Schengen Visa . The possible consequences for staying more than 90/180 days include:

⦿ Fines – depending on the country and how long you’ve overstayed, you could be made to pay a fine of anything from 500€ to 10,000€ . This penalty may be combined with an entry ban.
⦿ Deportation – EU countries can give you a limited number of days to leave, or they will officially deport you. This tends to only happen if you are working or claiming benefits without a valid visa.
⦿ Entry ban – you can be banned from re-entering if you overstay for a significant length of time, especially if you commit a crime during this time. The ban can last for 3 years or longer.
⦿ Prison – overstaying on an expired visa can lead to a jail sentence of 6 months–1 year or more, which is more likely if you overstay in order to work and earn money without a work permit.

Authorities will know whether you’ve overstayed, because third-country nationals must get their passports scanned or stamped on entering or leaving any country. The EU Council is also enforcing a new Entry/Exit System (EES) , which creates ‘smart’ border checks using pre-registration of the traveller’s information, including biometric data.

How long can you stay in Spain if you own a property there?

You don’t need to be a Spanish resident to buy and own property in Spain – Spanish property rights aren’t based on residency status. To complete a property transaction, you don’t need a residency visa or even a Spanish bank account, necessarily. You just need an identification number – an NIE (Número de Identificación de Extranjeros) or TIE (Tarjeta de Identidad de Extranjero) .

However, your nationality and immigration status do affect the time you can spend in the country staying in your Spanish property. If you use a Schengen short-stay visa to visit your holiday home in Spain, the 90/180 rule still applies, so you must bear this in mind to plan your trips.

Remember that any time you spend in any Schengen country counts towards your 90-day limit – so if you were a Brit travelling from the UK through France to get to Spain, this time would be included. Similarly, if you have properties in other Schengen countries, the 90/180 rule applies to all of them, so you would have to split your time between them carefully.

If you wanted to stay in Spain for longer than 90 days at a time, you would have to apply for a different visa from the embassy in your home country and travel to Spain to get a residence permit , though changes to Spanish immigration processes could introduce completely digital applications soon. The type of visa you would require depends on your planned activity – e.g. tourism, studying, working, family reunification, etc.

How long can you stay in Spain without becoming a resident?

The short-stay visa only allows you to reside in Spain for up to 90 days at a time out of every 180 days , or a maximum of around 180 days a year. This is fine if your trips will be no longer than three months at a time, no more than twice a year.

If you want to spend more than six months a year in Spain, you can’t do so on a Schengen Visa , and will have to secure a long-stay visa before visiting the country. You can spend up to 183 days a year in Spain, consecutive or not, without becoming a long-term resident.

To spend this amount of days or more in Spain legally, you’ll need a temporary residence visa , which will allow you to say in Spain for up to 1 year , renewable every 2 years for up to 5 years under certain conditions. These will depend on whether you will be financially self-sufficient or not.

Even if you get a temporary residency permit that allows you to visit Spain for as long as you like, whenever you like, you should also consider tax residency . If you stay in Spain for more than 183 days a year, then the authorities will consider you a resident for tax purposes, which would make you liable for a range of taxes in Spain.

However, if you have a temporary residence visa but only stay in Spain for less than 183 days a year, you’ll be classed as a non-resident. This doesn’t mean you won’t be eligible for any taxes at all, though – especially if you own a property in Spain. You’ll still have to pay an annual municipal tax on the property and file an income tax return , as the authorities will consider it a taxable benefit.

Which visa do you need to stay in Spain more than 90 days?

To get around the 90/180 rule and live in Spain for longer and more frequent periods, you’ll need to look into potential immigration routes. Even if you don’t intend to live in Spain full-time, year-round, you can still benefit from greater freedom of movement with a temporary residence permit . There is a range of Spanish visas available for different purposes, including:

⦿ Employment Visa – for non-EU/EEA citizens who want to work and earn money in Spain.
⦿ Non-lucrative Visa – for non-EU/EEA nationals who want to live in Spain on their savings or passive income (e.g. pensions, investment returns).
⦿ Golden Visa – for non-EU/EEA investors who can make significant approved investments in Spain (including real estate, businesses, innovative research, and government debt).
⦿ Digital Nomad Visa – a new option for non-EU/EEA citizens to live in Spain temporarily while earning income from working remotely for foreign employers or clients.

The right long-term visa for you depends on your situation and what you want to do while staying in Spain. It’s important not to confuse temporary residency with Spanish citizenship , and to understand the tax implications of living in Spain – even if it’s only part-time.

Should you need legal guidance on such matters, Manzanares Lawyers can assist with a range of concerns, from visa applications to non-resident tax in Spain . Give our office a call on +34 952 82 41 12 (Marbella) or +34 952 59 50 42 (Alhaurin) to speak to our team.

Alternatively, you can email your enquiry to us at [email protected] , and we will respond as soon as we can to explain how our services can help you.

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Overstaying 90 Days for Exceptional Circumstances.

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In the cases of entry without a visa, when there are humanitarian, family, health care, public interest, or other exceptional circumstances that justify it, the stay of a foreigner in Spanish territory for more than three months may be authorised.

Full information in Spanish in the link below:

Prórroga de estancia

The request will be formalised personally by the foreigner or his legal representative in case of being a minor, in the official form (EX-00), and it will be accompanied by an original and a copy of the following documents:

Complete passport or travel document, valid for more than the extension of stay requested, which will be noted in the file and returned to the interested party.

Proof of the reasons given for the request, which must be exceptional, in the case of nationals of States that do not require a visa to enter Spain.

Sufficient proof that you have adequate financial means for the extension time you request.

Travel assistance insurance with the same coverage as that necessary for the short-stay visa application, and with a validity equal to or greater than the requested extension.

Guarantees of return to the country of origin or, where appropriate, of admission to the third State of destination, prior to the end date of the requested extension. The provision of a ticket purchased in the name of the applicant with a closed return date prior to the end of the requested stay extension period may serve as a means to prove said circumstance.

Anyone who is on a short-term stay without a visa must identify himself personally before the Immigration Office, Superior Headquarters or Police Station of the town where he is, when submitting the application or at the time of processing when, For this purpose, it is required by the competent body, while for the processing of an extension of the short-term visa, the Immigration Office or the Police Station of the province where the foreigner is going to stay will be competent.

For a Subdelegados del Gobierno in your area, google with the name of your town.

The extension of stay without a visa may be granted by the Government Sub-delegates, by the Government Delegates in the single-province Autonomous Communities, and by the General Commissioner for Immigration and Borders of the General Directorate of the Police, after a report from the Superior Headquarters or Police station, if the following circumstances concur:

Temporary residence authorisation

for humanitarian reasons.

An authorization may be granted for humanitarian reasons in the following cases:

1. To foreigners who are victims of the crimes defined in articles 311 to 315, 511.1 and 512 of the Criminal Code, of crimes in which the aggravating circumstance of commission for racist, anti-Semitic or other types of discrimination typified in the Article 22.4 of the Criminal Code, or crimes due to violent behaviour committed in the family environment, provided that there has been a judicial resolution finalising the judicial procedure in which the condition of victim of such crimes is established.

2. To foreigners who prove they suffer from a serious illness that requires specialised health care, not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life. In order to prove the need, a clinical report issued by the corresponding health authority will be required.

Exceptionally, it will not be required that the disease be supervening in the case of need to prolong the stay of a foreign minor who has temporarily moved to Spain for the purposes of medical treatment based on the provisions of article 187 of these Regulations, once exhausted the possibility of extending the situation of stay and provided that said stay is essential for the continuation of the treatment. The renewal of this type of authorization will be linked to the minimum time necessary to complete the treatment.

3. To foreigners who prove that their transfer to the country from which they originate or come, in order to apply for the corresponding visa, implies a danger to their safety or that of their family, and who meet the other requirements to obtain an authorization. temporary residence or residence and work.

Offices in Spain and information on which applications can be made in each:

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The 90 day rule: How long can you stay in Spain?

by balcellsg | Immigration

How long can you stay in Spain as a tourist? How does the 90-day rule affect that and how does it work exactly?

As tourists, it’s only natural that we would want more time to explore and enjoy the country. But none of us would like to unintentionally put ourselves in an illegal situation. None of us would like to pay unnecessary fines. And, most definitely, none of us would like to face penalties when traveling to Spain.

It’s a good thing this can all be easily avoided with a little research. In this article, we’ll give you all the information you need to know about the 90-day rule and about what happens if you break it. What is the 180-day rolling period? What happens if you don’t leave Spain after 90 days? What can I do to legally extend my stay in Spain? Let’s check the answers.

What is the 90-day rule in Spain?

The 90-day rule establishes the maximum period of time that a foreigner from outside the European Union can stay in Spain during their stay as a tourist .

In other words, if you visit Spain for a short period of time without having a residence permit, whether your country of origin required you to apply for a tourist visa or not, you can stay for a maximum of 90 days before you actually have to leave or obtain a legal residence permit .

However, to be precise, this 3-month period applies not just to Spain but also to any other country in the Schengen area .

So, even if you are in Spain for only one month, you will still have a maximum of 2 months left before having to leave the Schengen area as a whole. Remember that the Schengen Area is made up of 27 countries within Europe, including France, Italy, Germany and Greece. You can find the complete list of countries that are part of this area here .

This is because there is no border control between the member states of this common area, so you can travel freely between them. Hence, this rule applies on a supranational scale rather than just focusing on a single country.

Important! Everything we mention throughout this article also applies to EU citizens . However, completing the legal procedures to stay for more than 3 months in the country is a lot easier for them ( they simply have to get their green card ).

This rule, stated in this way, seems simple.

However, its details or particularities generate tons of doubts. And that is what we will dive into next. How does this 90-day rule work exactly? And most importantly, how can you make sure to fully understand it to avoid legal trouble?

What does a 180-day rolling period mean?

A 180-day rolling period refers to the overall period of time inside which you can spend your total allowed 90 days in the Schengen Area. This does tend to sound confusing, but it is quite simple. Let’s break it down for you.

Just think of it this way. You are allowed to be in the Schengen Zone for a maximum of 90 days within 180 days (approximately 6 months) .

Therefore, even if you have a 1-year multiple-entry tourist visa, this does not mean you can stay for a whole year continuously.

Instead, you must check that over a 180-day timeframe, you have only been in the Schengen zone for up to 90 days. To calculate this, you count 180 days backward from your exit date, and compute how many out of these days were spent in the Schengen.

In other words, we are looking at 90 days in TOTAL. They do not have to be consecutive, and must be considered in any 180-day (6-month) ruling period.

If this is still too complicated to wrap your head around, don’t fret. Here you have the 90-day rule calculator from the European Commission.

So, what if you have stayed within Schengen for 90 days consecutively? Let’s break this down even further.

How does the 90-day rule work in Spain?

The 90-day rule works by adding up the number of days you have been in the Schengen area within a 180-day period . Like we mentioned and like you probably would have guessed, the sum of these days should not go over 90 days.

However, it’s normal to still get a little lost – especially when it comes to the details of it. For instance, if you have spent 90 consecutive days in the Schengen area, how long do you have to spend outside of it before you can come back? Or, when exactly do you start counting these 90 days?

Don’t worry, you’ll find the answers in the following sections.

When can I return to Spain after 90 days?

You can return to Spain after 90 days once the calculation for the 180-day rolling period shows that you have NOT been in the Schengen zone for 90 days in 180 days.

What does this mean?

This means it is impossible to stay in Spain for 90 days, travel to another country outside the Schengen area, stay 1 day there, and then re-enter Spain.

In this case, if you have been in Spanish territory for 3 full months, you must wait another three months after leaving the country This means you would have completed 90 days within a period of 6 months.

When do those 90 days start counting?

This question is very simple and straightforward. These 90 days start counting the day you first crossed the border of the Schengen area, no matter through which country.

For example, if you flew from any country outside the EU and landed first in France; even if you travel to Spain the next day, the 90-day period starts counting from the moment you landed in France. This is because it is the first country with the Schengen Area that you have stepped foot in during this 6 month period.

Do you have doubts so far? Keep on reading for more information or directly ask our immigration lawyers any question :

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What happens if I don’t leave Spain after 90 days? Can I be fined for overstaying?

If you don’t leave Spain after 90 days, you would be in an irregular situation. In other words, you would be in the country illegally. Thus, in the eyes of the immigration law, you would be committing a serious infraction that could result in significant penalties and/or fines.

In general, these sanctions usually turn out to be a fine of between €500 and €1000 .

Depending on the seriousness of your particular case, an expulsion process could even be initiated .

The good new is that this expulsion process is something that rarely happens because first of all, the authorities must discover that you have overstayed in the country. Then, they must open a sanctioning procedure, wherein you can submit allegations so that they review their decision.

And, besides, for an expulsion to happen, you must also commit another of the 5 infractions that would actually start the process. You can find that list here.

In the event that this sanction does occur and results in an expulsion from the country, this would imply that you will be prohibited from entering Spain for the next 5 years ( which would eliminate your capacity to apply for a residence permit ).

In addition, you should bear in mind that the days that you exceed the allowed time would count for the next semester . In other words, if you stay 6 months instead of the 3 allowed, you will have to wait a total of 1 year to re-enter Spain (3 months of waiting for the first 6-month ruling period, and 3 extra months corresponding to the time you have exceeded that are associated with the following 6 months).

Lastly, a common question that many foreigners ask is: If I have overstayed the 90 days and then return to my country, what will happen?

Generally, you will never be stopped at the airport and you will rarely be fined there. So voluntarily exiting and returning to your country of origin would not be an issue.

However, in case you would like to stay in Spain longer without being fined, there are definitely ways to go about this legally.

Can I extend my 90 days in Spain?

Yes, it is possible to extend your 90 days as a tourist , although it is quite complicated, and there are some things to consider.

There are two situations regarding this extension: whether or not you entered Spain with a visa.

If you entered Spain without a visa , you can extend your stay for up to three months . However, this is only possible in the case of exceptional circumstances related to health care, family, or humanitarian causes. For example, you have suffered an accident that prevents you from returning back to your country of origin, or have contracted a supervening disease.

On the other hand, if you entered Spain with a visa , you can extend your stay for less than 3 months more.

In both cases, you would have to apply for this extension at the national police . You would have to justify your reason, demonstrate sufficient economic means to stay in Spain, and show a ticket back to your country to prove your return.

To be completely honest, in most cases, that request will get rejected , because, like we said, the extension is only admitted and approved of if exceptional circumstances occur.

However, with the implementation of the Entrepreneur’s Law , there is another possibility to extend not the 90-day period per se, but rather extend your time in Spain. Let’s find out how.

What can I do before the 3 months are up?

Before the 3 months are up, you can either: (1) leave the Schengen area or (2) apply for a residence permit while you are in Spain.

If you are opting for the second option, make sure that the residence permit you have chosen does not require you to start the application from your country of origin.

As previously mentioned, the Entrepreneur’s Law has given foreigners more opportunities to apply for residency in Spain. Thus, the permits under this law allow for fast-track applications that can be submitted online, and you would receive your resolution in around 20 labor days.

This law was created essentially to improve Spain’s economy and attract foreign talent. Under the Entrepreneur’s Law, you will find the following residence permits that can be obtained during your 90-day stay in the country:

Golden Visa
Entrepreneur’s Visa
Highly Qualified Worker’s Visa
Intra-Corporate Transfer Visa
Research Visa
Digital Nomad Visa

While it is true that these are 6 great opportunities for foreigners, chances are you can’t find the right fit for you. The good news is that there are 2 extra alternatives.

There a couple of residence permits that fall under the General Immigration Regime that can be applied for from Spain on a tourist visa. Those are the student visa and the family member of an EU citizen card . So if the Entrepreneur’s Law does not offer a valid option for your particular case, you can always use these 2 common paths.

Important: don’t mistake the 90/180-day rule for the 183-day rule

Up to this point, we have analyzed the 90/180-day rule in Spain, which sets the maximum period of time you can stay in the country as a tourist before entering an irregular situation.

Since there is a 180-day rolling period, sometimes people refer to the 90-day rule as the 180-day rule too. This generates a lot of confusion with another rule with a similar name: the 183-day rule .

But the truth is that the 183-day rule has nothing to do with the 90/180-day rule.

The 183-day rule marks the turning point between being a resident and a non-resident in Spain .

In other words, if you are living in Spanish territory and during a calendar year (from January to December) you spend more than 183 days in the country, you become a resident.

This, among others, has important implications for tax purposes: if you are a resident you will pay income tax or IRPF on all the income you generate worldwide , and the tax rates differ.

But, as you can see, it does not dictate how long you can stay in Spain as a tourist .

Will Spain change the 90-day rule?

Spain currently does not have any plans of changing the 90-day rule. Technically, this rule is not under Spanish jurisdiction, as it is a rule that applies to the whole Schengen Area.

So even if Spain wanted to change this rule, the change can only be initiated by authorities of the European Union.

It is true, however, that Spain wishes to create an exception for the rule, specifically for UK citizens. The 90-day rule after Brexit did cause quite some chaos.

Due to Brexit, many UK citizens with homes in Spain could no longer stay in the country for more than 90 days. This has negatively affected both Spanish tourism and British tourists, and has propelled the “180-days in Spain campaign” among the British. This campaign asks that British citizens living in or visiting Spain maintain their pre-Brexit rights.

As always in this blog, we’ll keep you posted with the latest updates of this initiative.

Does the 90-day rule apply even if I own property in Spain?

Yes, the 90-day rule applies even if you own property in Spain.

In the previous section, we saw how Brexit affected British citizens who had property in Spain, as they then had to follow this rule as well.

In any situation, if you are a non-European Union citizen and would like to stay in Spain for more than 90 days, you must apply for a residence permit.

If your property was at least 500,000 Euros and was purchased after 2014, you will have it a bit easier, as you are eligible to apply for residency through the Golden Visa.

And looking forward, if you would like to purchase property in order to obtain Spanish residency, you can read all about buying property in Spain as an expat here.

Following the EU 180-day rule

With all its names and terms (the 90-day rule, the 3-month period, the EU 180-day rule, the 180-day rolling period, etc.), we’re confident that this article has helped you understand everything better.

Hopefully, you’re now fully equipped to compute your legal timeframe as a tourist, avoid any unintended fines, or, even, extend your stay if you wish to!

And if you would like our team of immigration lawyers to help you out finding the right option to stay in Spain for the long-run and obtain your residency (even if you are already in Spain as a tourist), do not hesitate to get in touch:

Book a consultation with one of our lawyers and solve all your doubts:

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What happens if you overstay your 90 day limit in Spain?

Overstayed your 90 day limit in Spain?

Explained: what happens if you overstay your 90 day limit in spain, visitors to spain from non-eu countries are subject to the 90-day rule, which states that they can only stay for 90 days out of 180. but how strictly is this rule enforced - and what happens if you end up overstaying.

For all non-EU citizens – which from January 2021 includes UK nationals – the 90-day rule puts limits on how long you can stay in Spain within a 180-day period.

The rule applies to non-EU nationals who need a visitor visa to enter Spain, such as Indian, Chinese or Russian nationals, and those who don’t need a visa, such as visitors from Israel, Canada, the United States, Canada or the UK.

The rule limits time spent in the Schengen zone (which Spain is a part of) to 90 days out of the last 180.

People who want to stay longer than 90 days in every 180 in Spain must get a long-stay visa which grants them residency status for a period of time based on work, research, study, having sufficient income to cover your expenses and more.

Some of these visas include the non-lucrative visa, the golden visa, the student visa, the entrepreneur visa or the employment visa.

Without one of these, surpassing the 90-day limit means you’re overstaying.

What consequences are there for overstayers?

If you spend more than 90 days in the EU or Schengen zone without a visa or residency permit then you have officially overstayed.

And unlike the days when border control was simply a guard with a stamp, modern technology means that most passports are scanned by a Spanish border guard on both entry to and exit from the EU – making it obvious who has overstayed their welcome and impossible to slip through the cracks.

This is set to become even more stringent when the EES scheme comes into effect next year ….

Officially speaking, the EU has a range of possible penalties for overstayers at its disposal, although in practice some countries are stricter than others. Fortunately, Spain has historically been one of the more lenient member states when it comes to punishments and penalties, and showed flexibility with dates during the COVID-19 pandemic.

But technically speaking, anyone who overstays the 90-day rule in an EU country can, in theory, be subject to the following penalties:

Deportation – if you overstay, EU countries are within their rights to deport you, or give you a certain number of days to leave. In practice, deportation is rare for people who aren’t working or claiming benefits: instead they are more likely to be advised of the situation and told to leave as soon as possible.

Fines – fines can be levied in addition to other penalties and vary according to country.

Prison sentences – in extremely rare cases, people who overstay their visas can face up to a year in prison. However, aggravating factors like working for several months or committing a criminal offence while in the country would likely be involved.

Entry ban – EU countries can impose a complete ban on re-entry, usually for three years although it could be longer. A complete ban is usually only put in place for people who have over-stayed for a significant amount of time or broken the law while overstaying.

What are the consequences of overstaying 90 days in Spain?

Though the above rules and punishments are EU-wide, each member state has the autonomy to enforce them at their own discretion.

So, what about Spain?

Looking at Spain specifically, Spain’s foreign ministry doesn’t explicitly mention what the consequences of overstaying in this FAQ or its state bulletin. Yet, fines and temporary bans are mentioned in various places online, without many specifics.

According to article 53.1.a of Spain’s Immigration Bill , overstaying the 90-day limit could be considered a serious violation in the eyes of the law.

Possible fines can range from €501 all the way up to €10,000, expulsion from Spain is possible, as is a potential ban from the Schengen area for six months to five years.

The major fines, expulsions and bans are for serious offences and overstays. Minor wrongdoings and accidental overstays can result in fines under €501, while serious breaches can lead to penalties of €10,000 to €100,000.

A 2021 report in Legal Today states that in recent years Spanish courts have tended to favour fining foreigners or even giving them a jail sentence, rather than expelling them.

The Spanish government has stated that overstayers can be deported or fined, but not both.

Spanish flexibility?

A Spanish state bulletin during the COVID-19 pandemic dealing with overstays of third-country nationals did create a brief three-month grace period during the state of alarm, and due to this flexibility there is less reason to think that any of the harsher penalties would be applicable if other, reasonable and justified reasons are given for not sticking to the 90-day limit deadline moving forward.

Though this pandemic grace period is now no longer in force, there are exceptions in cases of unforeseen events. Spain does offer visa extensions to third-country nationals in the event of illness or an accident.

In fact, for non-EU nationals like Americans and Australians, Spain has earned itself a reputation for being relatively relaxed about the exact exit date of people who aren’t working or claiming benefits in Spain as long as it’s within a few days.

To play it safe, if you’re not planning on applying for residency in Spain you should book your flight out long before the end of your 90-day stay in order to allow yourself some leeway in the event of cancelled flights.

Contrary to what scaremongering British tabloids have reported, it is unlikely that Spanish police will be deployed to hunt out overstayers and deport them.

How can I avoid overstaying my 90 days in Spain?

One of the best ways to avoid an accidental overstay is to understand the Schengen rules. It’s worth remembering, for example, that the date you arrive counts as the first day of your stay, even if your flight lands just before midnight. The same goes for the date you leave: anytime after midnight counts as the next day, even if it’s in the early hours of the morning.

If you’re planning to make multiple shorter trips or holidays in a 180-day period, you can use this handy calculator to work out how many more days you are allowed to stay.

Of course, if the last couple of years have taught us anything it’s that events can change everything. The Spanish government showed flexibility during the pandemic, as they have throughout the post-Brexit transition for Britons living in Spain. If unforeseen events dictate that you must stay longer than the permitted 90 days, it is unlikely you would receive a serious punishment so long as you are upfront about the situation.

Generally speaking, Spain has reputation for being less strict on exact coming and going dates, so long as you aren’t working, claiming benefits, or doing anything illegal.

It must not be forgotten, however, that Spain – as with all EU member states – is perfectly within its rights to punish you for deliberately overstaying your 90 days within the 180-day period. Though rare, doing so can be seen a serious breach of the law and punishable by fines, expulsion, or even a prison sentence.

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Important Update Regarding Changes to Visa Regulations in Spain

At API, we are committed to keeping our students informed about any changes that may affect their study abroad experience. Recently, we received an announcement regarding some changes implemented by Spain. It concerns the end date of the National Study Visa and exiting Spain and the Schengen area.

Plans to go to Spain before your program starts? Or stay after it ends? This update is for you.

For those who may have plans to stay in Spain or another Schengen country after the last date of your program, it’s important to be aware of these new rules, as they may affect your plans.

What are the Schengen Countries?

The Schengen countries include Germany, Austria, Belgium, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Based on the guidance received this week from NAFSA: Association of International Educators, Spain is now enforcing new regulations related to visa validity and exit dates.

Here’s What You Need to Know

Early arrival.

If you carry a U.S. passport, you may arrive in Spain within 90 days of your program’s start date. You do not need to exit and re-enter to activate your national study visa.

Travel Outside of Spain or Stay Past Your Program End Date

If you plan to travel outside of Spain to other countries in the Schengen area after your program ends, you must first check the end date on your visa . If your travels begin before the end date of your visa and extend beyond, you must leave the Schengen area and then re-enter again to continue your travels on a tourist visa (if you are a citizen of the U.S. or another country that permits you to visit as a tourist without a visa).

Please note that the UK is not a part of the Schengen area, so a trip to England, Scotland, Wales, or Northern Ireland would reset your status when you re-enter Spain.

Staying in Spain After Program End Date

If you plan to stay in Spain after your program’s end date and not travel outside of Spain, you have 15 days past your visa expiration date before you could face fines for overstaying your visa.

We want to ensure that you have a smooth and enjoyable experience during your time abroad. If you have any questions or concerns about these changes, please don’t hesitate to reach out to us. Safe travels in the coming days and weeks, and we look forward to hearing about your experience.

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How long can you live in Spain without residency?

how long live in Spain without residency

Many foreigners have the same question. If I move to Spain, how long can I live in the country without actually applying for residency? Which is the legal length I am allowed to stay without many times long and tedious residence permit application? In this article we are going to solve this doubt once for all!

The 90-day rule

In order to answer this question we are going to use the 90-day rule .

This rule simply states that you can live in Spain without residency for a maximum of 90 days . After those 3 months, you need to either obtain a residence permit, or leave the country.

And that is because the shortest stay option is the tourist (or Schengen) visa , which lasts exactly for 90 days . That is, if you plan to visit the country for tourism, business, studies, or for any other reason that will take less than 90 days, you must apply for a tourist visa in order to enter Spain.

But if you plan to stay longer than that, a residence permit is required.

Here you can find a list of all the different residence permits in the country . Each has its own requirements, and the best option entirely depends on your particular situation.

Nevertheless, bear in mind that according to your country of origin, you may not need to apply for a Schengen visa in order to stay for a maximum of 90 days in Spain. So you could freely enter the country without any prior application. Here you will find a list of all the countries that need to apply for one .

When do I become resident?

But now we need to clearly understand this next step.

When do you become a resident in the country?

Because you may have heard the distinction between resident and non-resident, which we explained in depth in this article .

But to summarize and help you understand, you will become a resident in the country after spending 183 days per year in Spain .

If you live in the country or stay for anything less than those 6 months, you are considered a non-resident.

This distinction is crucial for many reason, but perhaps the most important is taxes.

If you are regarded as a resident, you must pay resident taxes . This means paying income tax for the worldwide income generated in Spain.

Also, in order to renew certain residencies like the non-lucrative visa, you must stay in the country for 183 days minimum , hence you must become a resident.

Do you have any questions? Ask our immigration lawyers anything:

What to do if the legal 90 days are over

So, as we have just mentioned, doubts are over: you can stay a maximum of 3 months in Spain before becoming “ilegal” provided that you don’t have residency .

But what happens then? Which are the best alternatives to avoid legal problems if your 90 days as a tourist are nearly over?

The vast majority of residence permits must be applied at the Spanish consulate in your country of origin. That would require you to leave the country in order to get your legal residence and then come back again.

But next, we are going to analyze the different alternatives to avoid leaving the country. Because you could legally extend your stay after those 90 days are over with the following options :

Family member of an EU citizen visa

Due to its requirements, this is one of the preferred options for many foreigners.

Because if you get married or register as a civil partnership in Spain with a European Union citizen , you can obtain your residence permit easily.

A residence permit that will last for 5 years and that will allow you to work in the country.

And you can do the whole procedure even if you are already in Spain and those 90 days as a tourist are over.

Here you will find a complete list with all the requirements .

Student visa

Since the last modification on the law on student visas, you can now travel to Spain with a tourist visa, find a University in the country, enroll there, and obtain your visa so you can stay in the country for the whole length of your studies.

You just need to make sure to start the process at least 2 months before the start of your studies, and this visa will be yours.

You can even do paid internships with it!

Make sure to find a course that takes at least 20 teaching hours per week , and the student visa will be for sure one of the easiest paths to live in Spain for the long run.

Residencies under the Entrepreneur Law

There are different types of visas under the Entrepreneur’s Law that can be obtained directly from Spain too.

These residencies were created to attract talent and investment to Spain, hence the need to create an easy process for all foreigners that quality under it.

In that sense, the different alternatives are:

The golden visa , if you are planning to invest in Spanish real estate.
The entrepreneur visa , if you plan to start your own project in the country, and it involves a high level of technology and is completely innovative
The highly qualified visa , if you get a job offer as a manager earning over € 50.000 per year
Intracorporate transfer visa , if your company relocates you to Spain.
Residency for investigation purposes.

And, finally, an option chose for many foreigners who have overstayed in Spain past those 90 days , and none of the options we have seen before fit into their particular case.

With the procedure of arraigo you can get residency in Spain after living in the country under a prolonged irregular situation .

The exact duration depends on the type of roots process:

For the social arraigo , you must have lived in Spain for 3 years without legal residency, and find a job offer
For working arraigo or arraigo laboral , the years required in Spain are 2, out of which during a minimum of 6 months you have worked for a company
And finally, for family arraigo you just need to demonstrate you are the parent of a Spanish child or children of Spanish citizens by origin.

Get in touch with our lawyers and let us guide you step by step:

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What happens if I overstay the Spanish 90 day rule and go back to the UK?

I know someone who has overstayed the 90 day rule. What happens for UK nationals when they go through passport control in Spain on the way back to the UK when they have done more than the allowed 90 days??

These are the answers of some Facebook group members:

“Illegal immigrants caught at the border or refused entry, 2019 statistics. https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Enforcement_of_immigration_legislation_statistics#Returns_of_non-EU_citizens “

“Never heard of it happening YET”

“I know British nationals fined and given warning.”

“When we recently left Spain, flying from Alicante, no one (except the airline staff at check-in) even looked at our passports, no stamp, nothing. Absolutely no check; we are a little concerned that next time we will go, they are going to say you can’t come in as you never left.”

“I haven’t heard anything regarding British nationals being pulled on overstaying”

“I think they might be a bit lean on it right now while covid gets priority but as soon as that ends they will crack down”

“Living in Gibraltar and being in and out if Spain a lot I would advise you try to get a stamp to show you are in UK if you have already left. If you are stamped in you should ask them for a stamp out if they don’t do it automatically. I would definately make a call to check your situation.”

“ https://www.thelocal.es/…/briton-denied-entry-to-spain…/ The Local Spain has some articles like the one linked to.Issue seems to be, reading news reports, that you can leave easily enough but re-entering would be a problem”

“If you overstay your Schengen visa, you’ll be fine(d). There was once an American lady on another group who said she had once overstayed her [Schengen] visa in Switzerland by a few days and was made to pay like CHF2,000 for the few extra days she’d spent in the country / the Schengen Area.Now some of you will say “Oh, but that didn’t happen in Spain*, and she’s not even British” etc etc. Well, unlike the UK, Switzerland is in the Schengen Area, so the same rules apply to non-EU travellers, such as Britons. Some people will get away with overstaying their [Schengen] visa scot-free; some will not. I wouldn’t advise trying to find out for oneself which group they belong to.”

“I’ve heard of two occasions recently where UK citizens have been fined €300 and €500 for overstaying by a few days. I think they’ll get progressively less lenient.”

In conclusion, it appears that the consequences of overstaying the 90 day rule for UK nationals in Spain can vary. Some Spainguru’s Facebook group members have reported not facing any issues at passport control when returning to the UK, while others have reported being fined for overstaying their visa. It is important to note that the situation may have changed due to the COVID-19 pandemic and the EU’s focus on controlling the spread of the virus. Additionally, as with any legal or immigration matter, it is best to seek professional advice. Some suggestions from the group members include getting a stamp from the UK border control to show that you have left the country, or contacting the UK embassy for advice. It is also worth noting that if you are caught overstaying your visa, you may be fined, and in some cases be denied entry to the EU in the future. It is important to be aware of the rules and regulations of your visa and to plan accordingly to avoid any potential issues.

Read also: What are the options to leave Spain for someone who overstayed more than 90 days in the country?

Useful links:

Visit our recommended immigration & tax experts here .
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Overstaying in Spain and the consequences
In August 2021, I arrived with my ex-husband in Spain with a multiple-entry Schengen visa C (Non tourist visa), valid for 6 months (as my country of origin requires a visa to enter the EU). I got the visa because I was married to a spanish citizen and so the purpose was to apply for a family reunification residence card after my arrival.
Spain's Visa Regulations: What Happens If You Overstay The 90-Day Limit?
Article 53.1.a of Spain's Immigration Bill clearly states that staying beyond the permitted 90-day limit is a serious legal violation that carries severe consequences. The penalties for overstaying can range from fines of 500 to 10,000 euros, and in certain cases, the offender may face expulsion from Spain or a ban from the Schengen area ...
Everything you need to know about 90 Day Rule Spain
This is regardless if they hold a tourist visa or not. When your 90 days are over, you are required to leave the country or apply for permanent residency status. ... If you overstay your 90-day Schengen Visa, you risk facing legal repercussions. Therefore, you need to leave Spain (or any other Schengen country) immediately after the 90-day ...
What Are the Consequences of Overstaying in the Schengen Area?
Therefore, the consequences of overstaying in the Schengen territory, whether your visa or the permitted 90 days for nationals of the countries under the visa-waiver program, depend a lot on the number of days you have overstayed and the country you get caught in. Germany is known to have the strictest immigration laws in the EU in this ...
The Consequences of Overstaying in the Schengen Area
What Does "Overstaying" Mean? Overstaying in the Schengen area means staying beyond the time limit allowed by your visa or the 90/180-day rule for visa-free travelers. For visa holders: For example, if your Schengen visa allows you to stay for 30 days within a three-month period, but you stay for 40 days within three months, you have ...
How Long Can I Stay In Spain On A Tourist Visa
Overstaying on a Tourist Visa. Overstaying on a tourist visa in Spain can have serious consequences and should be avoided at all costs. If you stay in Spain beyond the allowed 90-day period, you may face penalties, legal issues, and potential difficulties in future travels. When you overstay on a tourist visa, you are considered to be residing ...
Consequences of Overstaying in Spain? Fines or Expulsion
Serious offences can be sanctioned with a fine of between 501 to 10,000 euros. When the offenders are foreigners and carry out offences classified as serious infractions, instead of the sanction of a fine and proportionately there can be an expulsion from Spanish territory, prior to the processing of the corresponding administrative file and ...
EXPLAINED: What happens if you overstay your 90 day limit in Spain?
According to article 53.1.a of Spain's Immigration Bill, overstaying the 90-day limit could be considered a serious violation in the eyes of the law. Possible fines can range from €501 all the way up to €10,000, expulsion from Spain is possible, as is a potential ban from the Schengen area for six months to five years.
What if I Overstay in Spain Due to Travel Restrictions?
Overstay caused by travel restrictions. In the context of the coronavirus outbreak, visa holders present in the Schengen area who could not leave before the expiry date of their short-stay visa have had their visa extended up to a maximum stay of 90/180 days by the designated Member States' authorities. If the visa holders were compelled to stay beyond the extended period of 90/180 days, a ...
What happens if you stay in Spain for more than 90 days?
Spain is one of the most popular destinations for visitors from around the world, with over 100 million people visiting the country in 2022. Visitors from certain European countries can travel freely due to relaxed borders between parts of Europe, but international visitors from other places - including the UK and the US - will need a specific visa.
Overstaying 90 Days for Exceptional Circumstances
Author: Myra Cecilia Azzopardi. Tags: exceptional circumstances, overstay, overstaying 90 days, stay over 90 days. In the cases of entry without a visa, when there are humanitarian, family, health care, public interest, or other exceptional circumstances that justify it, the stay of a foreigner in Spanish territory for more than three months ...
How Long Can I Stay in Spain?
Even if you own a property in Spain, you're still entitled to stay for only 90 days in a 180-day period without applying for a residence permit or a visa. You can still buy or rent your property as you wish, but you must be careful not to overstay the 90/180-day rule. For example, if you were to spend a total of 90 days within one 180-day ...
How to Extend a Schengen Visa while being within Schengen Area
Here is a list of required documents for a Schengen visa extension application: Schengen visa extension application form. Use the right extension application form for the Schengen country where you are. Valid passport. Ensure your passport is valid for the entire duration of the extended stay and has the current visa under which you entered the ...
The 90 day rule: How long can you stay in Spain?
Yes, it is possible to extend your 90 days as a tourist, although it is quite complicated, and there are some things to consider. There are two situations regarding this extension: whether or not you entered Spain with a visa. If you entered Spain without a visa, you can extend your stay for up to three months.
90 days rule: What are the options to leave Spain for ...
Answers. These are the answers of some Facebook group members: "Get the visa extension, don't go through immigration with an overstayed visa. Your lawyer may have been away as last week it was Sant Joan, which is the biggest holiday in Catalunya. Go to the immigration office in C/ Bergara just off Plaza Catalunya.".
Overstayed your 90 day limit in Spain?
According to article 53.1.a of Spain's Immigration Bill, overstaying the 90-day limit could be considered a serious violation in the eyes of the law. Possible fines can range from €501 all the way up to €10,000, expulsion from Spain is possible, as is a potential ban from the Schengen area for six months to five years.
What happens if I overstay my Schengen Visa?
As travel and entry requirements related to the COVID-19 pandemic begin to relax and people are motivated to travel more frequently for both work and pleasure, it is increasingly important to be aware of the consequences of overstaying your visa in the Schengen Area, a group of 26 European countries and the world's largest "visa-free" zone.
Can non-resident Brits in Spain get an extension on ...
What are the consequences of overstaying 90 days in Spain? Spain's foreign ministry doesn't mention what the consequences of overstaying 90 in 180 days in Spain are in its FAQ or its state bulletin but fines and temporary bans from the Schengen Area are widely mentioned online, without any specifics usually given.. We've done some digging and found that according to article 53.1.a of ...
Schengen Visa validity: How to avoid overstaying your visa
A multiple-entry visa ("MULT" on the sticker): this multiple-entry visa allows its holder to enter and exit the Schengen area an unlimited number of times. This authorization remains valid for a maximum of 90 days over a 180 day period. It is possible to obtain a type C MULT Schengen visa with a validity period of 6 months to 5 years maximum.
Important Update Regarding Changes to Visa Regulations in Spain
Staying in Spain After Program End Date. If you plan to stay in Spain after your program's end date and not travel outside of Spain, you have 15 days past your visa expiration date before you could face fines for overstaying your visa. We want to ensure that you have a smooth and enjoyable experience during your time abroad.
Spain Visa
The application process for a Schengen visa for Spain is as follows: Check whether you need a visa. Understand the visa type you need. Determine where to apply. Complete the visa application form. Schedule your Spanish visa appointment. Compile the document checklist. Attend the scheduled appointment.
How Long Can You Live in Spain Without Residency? (Solved)
In order to answer this question we are going to use the 90-day rule. This rule simply states that you can live in Spain without residency for a maximum of 90 days. After those 3 months, you need to either obtain a residence permit, or leave the country. And that is because the shortest stay option is the tourist (or Schengen) visa, which lasts ...
What happens if I overstay the Spanish 90 day rule and go ...
In conclusion, it appears that the consequences of overstaying the 90 day rule for UK nationals in Spain can vary. Some Spainguru's Facebook group members have reported not facing any issues at passport control when returning to the UK, while others have reported being fined for overstaying their visa. It is important to note that the ...