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.

48 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

  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

  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

  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

  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

  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

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