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.
Just Law Solicitors for all your legal needs in Spain
Marisa Moreno Lawyer and Consul for Denmark
www.justlawsolicitors.com
If a British citizen owns a property in Spain ( flat / house – ) and has a NIE document ( Numero Identificador Extranjero ( either the Green residency document – Temporal or Permanente – or the new Tarjeta – de Residencia con elementos biometricos – is there any way of applying for extra time – more than 90 days in the 6 month period. Are there alternative visas that can be applied for by British Citizens with. tarjeta de Residencia ?
Maybe you can get a multiple visa if you comply with the requirements. For further advice please get in touch with us at [email protected] for a consultation. Best regards
My husband and I arrived in Spain at the end of October my husband has a chronic chest disease and bad arthritis
The winters at home are very bad for him.
We thought because we came last year the 90 day rule would not apply till we came back next winter .we where hoping to stay in till the end of April but we have been told we have to leave at the end of the month
I have been on to the ferry company and the earliest we can get a ferry is April 7th as we have a dog with us
Will we get into trouble for staying over the 90 days or as there is a pandemic can we stay longer thank you
The authorities use to be flexible in these unprecedented circumstances, but I recommended you to prove that you could not find other options for leaving the country before the end of March. Best regards.
What benefit for staying 90 days in Spain
For all I know you spend all your money
So it’s better not going in Spain
The UK is a third country now for the whole EU, so it is your choice, of course. Best regards
My family must relocate from UK, Scotland to Europe (we’ve chosen Spain) due to Brexit as our jobs are EU funded. My husband will have dual nationality British/Irish passports, but me and my 13 yr old son only UK British passports. Can we all live and work in Spain for more than 90 days? Do me and my son need to do declare residency?
We can help you in getting your husband EU citizen residency (as Irish) and apply for the rest of the family the Spanish resident because of him.
Contact us at [email protected] and we will give you a quotation of our services.
We can assist you in the whole relocation process.
We provide personal and online services.
We cover the whole of Spain.
Best regards