If you are not an EU resident or an EU citizen in principle, the stay as a tourist in Spain, cannot exceed 90 counted from the date of the first entry.
The 90 days can be uninterrupted or added in several periods. Thus, you can enter once and stay 90 days in a row, or several times, as long as the sum of the days of all these trips is equal to or less than 90 in a period of 180 days per year. The calculation is done by days, not by months.
For example , if you came into Spain the 30th of January 2021 you have to leave the country before the 30th of April because the 29th April will be your 90th day in Spain. However, you can go in and out of the country and spend these 90 days in a period of 180 days. For exanple you can come to Spain and stay here during February and you still have 62 more days to stay in Spain within the 180 days from your entrance on 1st of February.
The 90-day period of stay applies to your stay as a tourist in Spain and also to your stay in any of the Schengen countries (most of the countries of the European Union).
In very extreme cases (hospitalisation, accident, border closures, war, pandemics, etc.) the term can be extended.
If you exceed the 90-day period of stay, as we have explained above, you would be in an ‘irregular situation’ in Spain. This is considered a serious infringement of the law, which is sanctioned either with a fine (between 501 and 10,000 euros) and with expulsion from Spanish territory, or just with the expulsion order, taking into account the circumstances.
If you are expelled you can also be banned from entering Spain for a period of up to 5 years (again, depending on the severity of the offence). Of course, there is a right of appeal.
In the event that the fine is imposed on you, you will be obliged to leave Spain within a set period of time.
It is important to clarify that the fact that you are in an ‘irregular situation’ does not mean that the Goverment will automatically open a sanctioning procedure. Everything will depend on whether the authorities detect it, that is, for example if the police ask for your documentation and confirm that you do not have legal residence.
Theoretically, if you voluntarily left Spain having exceeded 90 days, in principle you are not prohibited from entering again, but the criterion of the maximum time per semester applies.
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