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.

23 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. 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

  9. 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

  10. 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

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