Expat Agency
We Assist You To Live in Spain

Javier Rodríguez

Javier leads Expat Agency and is an expert in Inmigration and Intercultural Exchange. He studied Law & Political Science between the universities of Granada (Spain), Prague (Czech Republic) and Poznań (Poland) and is an official collaborator at DGT (Directorate General of Traffic). He speaks English, French, Italian and Spanish and is accustomed to work for expats from all over the world.

144 Comments

  1. 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

    Reply

    • 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.

      Reply

    • 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?

      Reply

      • 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.

        Reply

  2. 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?

    Reply

    • 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.

      Reply

    • 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?

      Reply

      • 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.

        Reply

  3. 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?

    Reply

    • 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.

      Reply

  4. 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.

    Reply

    • 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.

      Reply

  5. 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!

    Reply

    • 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.

      Regards,
      Javier R.

      Reply

  6. 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.)

    Reply

    • 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.

      Reply

      • 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.

        Reply

  7. 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 ?.

    Reply

    • 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.

      Reply

    • 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

      Reply

      • Javier Rodríguez
        November 16, 2021 @ 2:40 pm

        Hello Andrew,

        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.

        Reply

        • Abigail
          February 22, 2023 @ 5:47 pm

          Hello,

          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?

          Reply

          • 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.

  8. 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? 🙂

    Reply

  9. 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

    Reply

    • 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.

      Reply

      • 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.

        Reply

    • 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.

      Reply

  10. Raymond
    December 17, 2021 @ 12:36 pm

    hey,

    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!

    Reply

    • 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.

      Reply

  11. Emily
    December 17, 2021 @ 7:57 pm

    Hi Javier,

    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!

    Reply

    • 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.

      Reply

  12. 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.

    Reply

    • 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.

      Reply

      • 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?

        Reply

        • 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.

          Reply

  13. 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!

    Reply

    • 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.

      Reply

      • Luke
        February 22, 2022 @ 11:18 am

        Hi Javier,

        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

        Reply

        • 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

          Reply

  14. 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?

    Reply

    • 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.

      Reply

    • Dennis
      October 5, 2022 @ 4:41 pm

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

      Reply

      • 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.

        Reply

  15. 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

    Reply

    • 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.

      Reply

  16. 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

    Reply

    • 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.

      Reply

  17. 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

    Reply

    • 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.

      Reply

  18. 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

    Reply

    • 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.

      Reply

  19. 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?

    Reply

    • 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.

      Reply

  20. 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.

    Reply

    • 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.

      Reply

  21. 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

    Reply

    • 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.

      Reply

      • Karryn
        July 1, 2022 @ 2:06 am

        Hi Javier,

        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

        Reply

        • 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.

          Reply

      • J M
        June 4, 2023 @ 3:45 pm

        Hi!

        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

        Reply

        • Javier Rodríguez
          July 4, 2023 @ 4:28 pm

          Hello,

          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.

          Reply

    • 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.

      Reply

      • 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).

        Kind Regards,
        Javier R.

        Reply

  22. Jenny
    July 1, 2022 @ 6:26 pm

    Hello,

    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?

    Thank you,

    Jenny

    Reply

    • 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.

      Reply

  23. 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

    Reply

    • 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.

      Reply

  24. 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!

    Reply

    • 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.

      Reply

  25. 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.

    Thanks! 🙂

    Reply

    • 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.

      Reply

  26. Mj
    August 15, 2022 @ 5:42 am

    Hello Javier,

    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.

    Thanks!

    Reply

    • Mj
      August 15, 2022 @ 6:00 am

      I guess I should mention I am from Canada

      Reply

    • Javier Rodríguez
      August 17, 2022 @ 11:38 am

      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.

      Reply

  27. 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?

    Reply

    • 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.

      Kind Regards,
      Javier R.

      Reply

  28. Stephanie
    November 2, 2022 @ 7:49 pm

    Hello Javier,

    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.

    Thank you.

    Reply

    • 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.

      Reply

  29. 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.

    Reply

    • 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.

      Reply

  30. Anthony
    November 14, 2022 @ 1:43 am

    Hi,

    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?.

    Example:

    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.

    Reply

    • Javier Rodríguez
      November 25, 2022 @ 4:58 pm

      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.

      Reply

  31. 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?

    Thank you!

    Reply

    • Javier Rodríguez
      November 25, 2022 @ 4:58 pm

      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.

      Reply

  32. 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.

    Reply

    • Javier Rodríguez
      November 25, 2022 @ 4:59 pm

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

      Javier R.

      Reply

  33. 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!

    Reply

    • 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.

      Reply

    • Annie
      May 24, 2023 @ 9:34 am

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

      Reply

  34. 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?

    Reply

    • 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.

      Reply

  35. 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

    Reply

    • 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.

      Reply

    • 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.

      Reply

      • 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.

        Reply

  36. Kevin Read
    March 18, 2023 @ 12:05 pm

    Hello Javier,

    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.

    Reply

  37. 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.

    Reply

    • 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.

      Reply

  38. 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?

    Reply

  39. Angie
    July 3, 2023 @ 4:27 pm

    Hi,

    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!

    Reply

    • 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.

      Kind Regards,
      Javier R.

      Reply

  40. May
    July 21, 2023 @ 5:58 pm

    Hello Javier,

    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.

    Reply

    • 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.

      Reply

  41. 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!

    Reply

    • 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.

      Reply

  42. Zineb
    August 9, 2023 @ 3:49 pm

    Hello Javier,

    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.

    Reply

    • 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.

      Reply

  43. Mani Ban
    September 19, 2023 @ 4:38 pm

    Hello Javier,

    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!

    Reply

    • 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.

      Reply

      • 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?

        Reply

        • 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.

          Reply

  44. 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

    Reply

    • 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.

      Reply

  45. 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!

    Reply

    • 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.

      Reply

  46. 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.

    Patrick

    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.

      Reply

  47. Shriya
    November 1, 2023 @ 10:49 pm

    Hi,

    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.

    Reply

    • 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.

      Reply

  48. 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?

    Reply

    • 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.

      Reply

  49. 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!

    Reply

    • 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.

      Kind Regards,
      Javier R.

      Reply

  50. 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?

    Reply

    • 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.

      Reply

  51. 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)]

    Reply

    • 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.

      Reply

  52. 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?)

    Reply

    • 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.

      Reply

      • 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!

        Reply

        • 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.

          Reply

        • 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?

          Reply

          • 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.

  53. 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 🙂

    Reply

  54. Maria
    April 23, 2024 @ 2:39 pm

    Hello!

    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.

    Reply

    • 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.

      Reply

  55. Maria
    April 23, 2024 @ 3:10 pm

    Hello!

    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.

    Reply

    • Javier Rodríguez
      April 29, 2024 @ 5:32 pm

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

      Reply

  56. Maria
    April 23, 2024 @ 3:47 pm

    Hello!

    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. Will I have any issues getting the visa again?

    Reply

    • Javier Rodríguez
      April 29, 2024 @ 5:31 pm

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

      Reply

  57. 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?

    Reply

    • 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.

      Reply

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