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.

78 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

  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

    • 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

  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

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