Overstaying in Spain and the consequences
Overstaying in Spain:
what happens if I stay for more than 90 days?
Let’s make an example: If you entered as a traveler in Spain on March 1, 2020, you were continuous and left on May 30 of that year, you were unable to return as a visitor to Spain until September 1, 2020.
So, what happens if I overstay in Spain for more than 90 days?
You would be in an irregular status in Spain. As per article 53.1.a of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, this is supposed to be a serious infraction and it may be punished rather with a fine (from €501 up to €10,000) or with banishment from Spain, depending on the case and then being fined.
In the event that they consent to the ejection, you may likewise be restricted from entering Spain for a time of a maximum of 5 years (anew, depending on the case and scenario).
In case of receiving a fine, the authorities in Spain will inform you if after being irregularly in Spain, you need to leave the country or not and, in case you must leave the country, how many days you have to do so. Theoretically, once such a leaving period had expired without you leaving the country, they may open an expulsion procedure. But usually they do not do that.
Could the 90-day period be extended?
Although the law includes such a possibility, for practical purposes, the reality is different. In fact, the law mentions a very solid reason to extend such a period, either with or without a visa, such as serious medical reasons.We must emphasise the fact it is very very difficult to extend such a period in a legal, secure, and reliable way.
Does this term just apply to the stay in Spain?
Not just applies for your visit as a traveler in Spain, but for your visit/s in any of the territory belonging to the Schengen Area (a large portion of the nations of the European Union); Remember that inside this Area, there is a freedom of movement (no proper borders).
Therefore, it isn’t so much that that you can go through 90 days as a tourist in Spain, then, at that point 90 days in France and 90 days in Italy, for instance. In the event that you travel around these places, in principle you were unable to be more than 90 days in total. Assuming you needed to remain longer, you would need to request another visa.
Will I be able to enter Spain again?
Hypothetically (in reality the situation may differ), in the event that you intentionally left the country having overstayed the 90 days, at a first glance you are not disallowed to enter Spain, as soon as you are not traveling within the same semester.
Following the example we described above, as per which you entered Spain on March 1, 2020, under which you stayed in Spain for 180 days, on the off chance that you attempt to enter Spain before March 1, 2021, you can be denied passage. In this situation, they will hold you at the air terminal until you can return a trip to your place of origin.
Please notice that the practice may be diverse as we are aware of cases in which the authorities at the airport didn’t notice the tourist had overstayed in Spain, and even cases in which the economic assets (you need to prove if requested) had been rejected due to miscalculation, for instance.
In the same way, we also got to know some cases in which tourists who have overstayed but are within the cutoff times (stayed 120 days and were back a year, which is legitimately achievable), they were not denied passage because they fulfilled the rest of requirements (accommodation, both flight tickets, economic assets for the stay, and so forth).
The punishment isn’t automatic
If you stay for more than 90 days in Spain, it doesn’t mean the authorities will automatically fine you. All will depend on your “luck”, i.e.,if the Civil Guard or police stop you asking for your documentation in the road or in a transport or train station, for instance, and they notice that you are not in a regular situation.
Indeed, there is a high level of expats overstaying in Spain for different reasons and for many years.
Even after some determinate years, these expats can apply for a residence permit in Spain because of exceptional circumstances (arraigo, family, social or work…).
Be cautious when attempting to dodge controls
We are aware of some instances of individuals who guarantee to have had the option to get back to Spain in any event, when they overstayed the 90 days limit, for example, “accidentally losing” his passport and/or coming from some specific countries/airports.
Why you should be careful when trying this way?, because of the fact that as per articles 14.2 and 21.4 of the Regulations of the foreigners’ law, the Spanish authorities can register entries and departures of people, whether they stamp your passport or not.
Besides, the System for the registration of passenger data will soon become a reality within the European Union. And even though, it would deserve a change, if it were not for the fact you may be retained at the airport until you can take a flight back to your country of origin, at any price.
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