How Long Can You Stay In Spain On Holiday?
- Víctormanuel Paz
90 days 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.
Can I holiday in Spain for 6 months?
As a result of Britain’s decision to leave the EU , Britons are now treated as third-party nationals when visiting Spain. This means that Britons can only spend 90 days out of every 180-day period in any EU country ( commonly known as the 90-day rule ). Many Britons are keen to circumnavigate this rule, and spend longer than 90 days in Spain in any given period, which is why Britons who are married to EU nationals are wondering whether this will enable them to extend their stays.
- If you are married to a spouse with an EU passport and you are travelling with them, can you spend longer than 90 days in Spain? Here’s everything you need to know: Understanding the 90-Day Rule The 90-day rule applies to all non EU-nationals who are visiting either the EU or Schengen zone;
It doesn’t matter what the reason for your visit to Spain, you cannot spend more than 90 days in the country at any one period of time without a visa. This rule applies to holidays, visiting a second home, or spending time with family who reside in Spain.
The 90-day rule applied to Britons from January 1 st 2021, when the UK officially left the EU. This rule has been applied to visitors from Canada, America, Australia and other third-party countries for a much longer period of time.
If you want to work, study, or undergo vocational training in Spain then, even if your stay is for less than 90 days, you may still be required to apply for a visa. The 90-day rule means that you can spend 90 days in Spain out of each 180-day period: this can either be in one block of time, or in several smaller stays.
- This means that, provided you don’t do it all in one block, you can spend six months a year in the EU;
- You cannot spend 90 days in Spain and then 90 days in another EU country: you must leave the whole Schengen area in order to ensure you don’t fall foul of the law;
Can Being Married to an EU Citizen Extend Your Stay? If you’re married to an EU citizen then this can be very helpful when you come to apply for residency or other immigration requirements within the EU, but sadly it won’t help you to circumnavigate the 90-day rule.
- That’s because the EU’s immigration requirements are very clear: as a non-EU passport holder you can spend 90 days living in a European country with your spouse without a visa, but then you must apply for either a residency card or a visa, depending on the length and purpose of your stay;
It’s not all bad news though: as the spouse of an EU passport holder, applying for the visa or residency document that you need will certainly be easier, but you will still need to complete the application process. Applying For a Residency Permit in Spain As the partner of an EU national in Spain, you can apply for a family member residency card, which is called the tarjeta de residecia de familiar de ciudadano de la UE.
- This is one of the easiest residency permits to apply for as, provided your spouse is already living and working in Spain, you won’t need to demonstrate proof of financial means to secure your residency;
Instead you will just need to show that your partner is registered in the country’s labour system, and makes contributions to social security. This same residency permit will also be available to any dependent children that you have. If your spouse has an EU passport but is not a resident of Spain, that wouldn’t mean that you could move to Spain independent of your partner: you would both have to move to Spain together, and your spouse would have to demonstrate that they have the financial means that they need to support both of you during your time in the country.
How can I stay in Spain for more than 90 days?
How can I stay in Spain permanently/longer than 90 days at a time? – The only way to stay in Spain longer than 90 days is to apply for a long-term visa. There are several options available. The most popular option for expats tends to be the non-lucrative visa which allows you to be resident in Spain but does not allow you to work there.
- This visa is great for those who are retired or who live in Spain but work remotely for a company in a different country;
- Another option, if you are hoping to work for a Spanish company, is the work permit visa;
This allows you to both live and work in Spain but can only be applied for by an employer. This means that you would need a job offer in Spain first.
Can I stay in Spain for 7 months?
How long can I stay in Spain without becoming a resident? – You can stay in Spain for a maximum of 183 days per year (6 months) in order to not become a resident. If you spend an extra day (184 days and onwards), you will be regarded as a resident, hence paying resident taxes in the country.
This is a really important question, and different from the prior one. Because one thing is how long you can legally stay in Spain (which was answered before), and another is to determine how long can you stay in the country without becoming a resident.
This last situation has important implications, especially stemming from all the tax liabilities you will gain. But it is crucial not to confuse residency for immigration purposes and fiscal residency , which are two different things. It is also important to bear in mind that many residence permits require you to stay in Spain for longer than 183 days per year if you want to renew them.
Can the British stay in Spain for longer than 90 days in six months?
UK citizens in Spain will be able to remain for a period of 3 months at a time, staying longer than this will require a visa. To spend more than 90 days in Spain in a period of 6 months Brits will need to acquire a Spanish Schengen visa. This can be obtained from a Spanish embassy or consulate in UK.
When can I return to Spain after 90 days?
What happens when I’ve used up my 90 days? – You must leave Spain (or anywhere in Schengen) immediately because there are stiff penalties for out-staying the 90-day limit. Once you leave, you cannot return to Spain (or Schengen) without a visa until a further 90 days have gone by.
What happens if I stay over 90 days in Europe?
Part 2: Staying in the Schengen Area Past 90 Days – But what if you do want to stay longer in the Schengen Area? What if the six months you want to be in Europe is all in Schengen Area countries? What if you want to live and work in Europe? After all, the Schengen Area spans 26 countries and visiting so many destinations in 90 days can be a little rushed (you would have an average of just 3. 5 days per country). If you want to stay longer to travel, live, learn a language, or fall in love, then the “move around” option suggested above isn’t going to work for you. You need something else. Luckily, there are a few ways to do this — and I can’t stress enough the importance of the word “few.
- ” Because staying more than 90 days in the Schengen Area isn’t easy;
- First, let’s understand the rule: The Schengen law states that you can’t stay in the Schengen Area for more than 90 days;
- If you do, you’re subject to a fine and possibly deportation and being banned from re-entering the Schengen Area;
How that rule is enforced, though, varies greatly from one country to another. Overstaying by a day might not be the end of the world, however, some countries do not mess around with visitors overstaying. For example, Germany, the Netherlands, Poland, Switzerland, and Scandinavian countries are all very strict about entry and exit rules.
If you overstay your tourist visit, there’s a good chance they’ll pull you aside. Two Australians I know were detained leaving Switzerland due to overstaying their visa by two weeks. They were allowed to go with just a warning, but they missed their flights and had to book new flights.
I know of someone who overstayed by six months, tried to leave from Amsterdam, and now has an “illegal immigrant” stamp on her passport. In order to enter Europe again, she must apply for a visa at an embassy and be preapproved: I made the mistake of attempting to leave from the Netherlands after overstaying a Schengen visa and was caught.
I overstayed by about a month, and they hand-drew some sort of insignia in my passport to note my overstay. They told me I’d have to contact the IND and find out if I would be able to enter the Schengen states again.
Another blogger told me this happened to them too so don’t overstay your visa! That being said, if you leave from Greece , France , Italy , or Spain you may be less likely to encounter an issue, provided you (a) haven’t stayed over too long and (b) didn’t catch the immigration officer on a bad day.
- When I left Greece, no one even looked at my passport;
- One of my friends met a guy in France, fell in love, and decided not to leave;
- A year later, when she finally did, the French officials didn’t even look twice;
Another friend flew into France and didn’t even get an entry stamp. Spain is another place notorious for not caring and Americans who decide to overstay for months mention that as the easiest country to exit from. Of course, I don’t think it’s wise to overstay.
A day or two? Likely not the end of the world. But, Matt, can I extend just extend my Schengen visa/stamp? Unfortunately not. Simply put, you cannot extend your tourist visa or entry stamp. There’s a 90-day limit, and that’s that.
So what’s a tourist to do?.
Are Spain enforcing the 90 day rule?
What is the 90 day rule? – Also known as the 90/180 day rule, the ‘ 90 day rule ‘ is an EU regulation. It states that, without a visa, non-EEA (European Economic Area) nationals are only allowed to spend 90 days – within a total period of 180 days – in any EU member country.
You can choose to use the 90 days however you wish. For example, you could arrive on January 1 st and stay for 90 days in a row (until March 31 st ). Or you could take several short breaks between January 1 st and June 29 th – spending a different length of time in Spain each time.
But either way, once you reach your 90 day quota, you must leave the country immediately – as there are strict penalties in place for outstaying the 90 day limit. And from that point, you cannot return to any country within the Schengen zone until another 90 days have passed.
Will Spain extend the 90 day rule?
Since the Brexit transition period ended, British expats can only stay in Spain for 90 out of every 180 days if they don’t have Spanish residency. The rules apply across the Schengen zone. Some British expats in Spain have appealed to extend their stay in the country and have even started a petition on Change.
- uk spoke to Maria L;
- de Castro of Costa Luz Lawyers to find out more about the petition;
- She said: “The aim is to create an extended stay permit for UK national owners of property in Spain, who have been using it for more than the 90/180 period as a way to retirement, and that, with Brexit, have seen their rights shortened;
” The rule has primarily affected retired Britons who used to spend about six months of the year in Spain and people who had bought a home in Spain to retire in future. READ MORE: ‘Spanish blame us’ British expats struggle with 90 day rule However, there was limited sympathy for the British expats from Express.
- uk commenters;
- One commenter ‘Squidward’ said: “If you act like a decent citizen, get the right paperwork, pay your taxes and treat the country and its people with respect then you will have no problems;
“Some Brits want it all ways and get outraged when they find living below the radar doesn’t benefit them in the long run. “The rest of us lead a great life here, ignore the moaners and their self pity, Spain is a great place to live. ” DON’T MISS British expats have always been required to register in Spain if they lived there.
However pre-Brexit there were some who lived ‘under the radar’. That has become more difficult after Brexit and expats could face deportation, fines and bans if caught. Commenter, ‘Puppetonastring’ said: “Quite simple really.
They need to decide where they want to live and if Spain is their choice then they’ll have to apply for residency. “When we went to live in Austria we had to apply for residency after three months of living there. “Trouble is these folk want it both ways, to live in the sun but also have the benefits of living in the UK.
- ” ‘Spanish John’ advised: “Just get the paperwork done or done for you;
- I live there four or five months every winter;
- “There’s never a problem because I have my ‘books’ in order;
- ” One Express;
- uk had little sympathy saying: “I hope all those people who are objecting to these rules voted remain;
If not, tough. ” Many expats may not have realised that the rules would change or been aware that they had to register. Britons who bought homes before Brexit and haven’t moved to Spain yet are in a particularly difficult situation as they will have to apply for a non-lucrative visa to enjoy the home for longer than 90 days.
- One Express;
- uk reader even claimed that British expats would no longer be able to live in Spain;
- They said: “The English are finished in Spain;
- Now that the right to live, work and study in the EU has been lost, there will be no new residents coming to take the place of retired Brits who’ve returned to the UK or died;
“Subsequently there will be no new Brits bars, clubs, or shops. Property prices in the purpose built Brit villages are crashing through the floor because there are no Brits to buy them and no one else wants to live beside the Brits. ” One commenter joked: “I hear Clacton-on-Sea is nice in winter.
How can a UK citizen stay longer than 90 days in Spain?
If you are a non-EEA national (including British) and wish to stay in Spain for longer than 90 days, you will need a visa. You should apply for the visa that suits your purpose from a Spanish Consulate in your home country. When your visa application is approved and you have the visa stamp in your passport, you may travel to Spain to apply for a residence permit.
What visa do I need to live in Spain for 6 months?
Types of permits according to how long you stay in the country – In this sense, two main groups appear:
- On the one hand, you have short-stay visas , allowing you to stay from 90 to 180 days in the country, but without the legal capacity to work. That visa is called the Schengen or tourist visa.
- On the other hand, you can apply for a long-term residency. If you are considering living in Spain for longer than 6 months, and even planning to work in the country, then you must apply for a regular residence permit.
Let’s suppose then, that doing tourism in Spain is not enough for you. You would like to start your new life in this beautiful nation, therefore spending more than 180 days. Then, in order to define how exactly should you get the residency card that best matches your interests , you need to include into the equation the country from where you are coming from.