How Long Can I Stay in Spain? - The 90/180 Day Rule in Spain - SchengenVisaInfo.com (2024)

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With over 80 million visitors annually and a generous expat community, Spain offers plenty to visitors and new residents. But, being a Schengen Member State, visitors are subjected to specific rules regarding how long they can stay in Spain with a tourist visa and a residence permit.

What Is the 90/180 Day Rule in Spain?

The 90/180-day rule is a guideline that the Schengen Member States created to set a maximum number of days that foreigners can stay in any of the Schengen countries. Please note that this rule is valid for every European country that signed the Schengen agreement.

How Does the 90-Day Rule Work in Spain?

The 90-day rule in Spain works the same as with the other countries; a Schengen (multiple entry) visa is valid for only 90 days within 180 days period. Therefore, to count your 90 days correctly, you need to count back 180 days to see how many days you spent in Spain (or any other Schengen country) during that timeframe. If you’re having trouble counting the days correctly, you can use the Schengen calculator to make it easier.

Who Needs to Follow the 90/180 Day Rule in Spain?

You need to follow the 90/180-day rule if you visit Spain and belong to one of the following categories:

  • You have a valid multiple-entry Schengen visa— regardless of whether another Schengen country issued the visa.
  • You are a national of a country with a visa agreement with Spain or the Schengen Area— for example, US citizens can stay visa-free for 90 days in Spain within 180 days.
  • You are a British citizen.

How Long Can I Stay in Spain as a Tourist?

If you want to visit Spain for tourism purposes, you can stay there for only 90 days within a 180-day period. This requirement is valid for those who need a Schengen Spain visa to enter the country and those from countries that have visa liberalisation agreements with the Schengen Area.

How Long Can I Stay in Spain Without Becoming a Resident?

Without becoming a legal resident in Spain, the 90-day rule is applicable, and you cannot extend your stay. So, for periods longer than 90 days, you will need a long-stay visa and a residence permit, which means you need to become a resident if you want to stay long-term in Spain.

Staying in Spain for Longer than 90 Days

If you want to stay in Spain for longer than 90 days for a 180-day period, you need to look into other migration pathways:

  • Work visa. Non- EU citizens who want to stay in Spain for more than 90 days may apply for a work visa if they have found employment there. A work visa will lead to a temporary residence permit, eventually permitting them to apply for permanent residence if the eligibility criteria are met.
  • Non-lucrative visa. This is a visa you can obtain in Spain without employment. To qualify for the visa, you need proof that you have enough financial resources— an annual income of at least €27,792.
  • Golden visa. A Golden visa is an investment visa that allows you to move to Spain if you have enough money to invest in one of the approved programs— either real estate or government funds. Eventually, you can even apply for citizenship if you meet the residence eligibility criteria.
  • Digital nomad visa. Spain will be launching a digital nomad visa later this year, allowing you to work remotely as long as you can prove that you’re capable of meeting the income requirements.

What Happens if You Spend More Than 90 Days in Spain?

If you spend more than 90 days in Spain within a 180-day period—violating this rule— you will face penalties. You may be required to pay a fine, leave the country, and be banned from entering the Schengen Area for a specified period.

Can I Work Remotely in Spain for 90 Days?

You are not legally allowed to work in Spain without a valid work permit during your 90 days visa-free period. This includes remote work you may be doing for a company outside Spain— you will need to apply for a work permit. Recently, Spain has announced that they will begin to issue a digital nomad visa which will allow you to do remote work while you are in the country and enjoy your visit at the same time.

What If I’m a Dual Citizen?

If you hold dual citizenship, i.e., you have both EU and another citizenship, then after 90 days in Spain, you will need to register your new address if you plan to stay for a longer period.

How Long Can I Stay in Spain if I Own a Property?

Even if you own a property in Spain, you’re still entitled to stay for only 90 days in a 180-day period without applying for a residence permit or a visa. You can still buy or rent your property as you wish, but you must be careful not to overstay the 90/180-day rule. For example, if you were to spend a total of 90 days within one 180-day period, you could not re-enter Spain again until another 90 days have passed.

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As an expert in immigration and residency regulations, particularly in the context of Spain and its adherence to the Schengen agreement, I can confidently provide detailed insights into the concepts discussed in the article.

Schengen Member States and Rules: The Schengen agreement is a pivotal aspect of European immigration policies, allowing for the free movement of individuals across participating countries. Spain, as a Schengen Member State, follows certain rules and guidelines to regulate the stay of foreigners within its borders.

The 90/180 Day Rule: The 90/180 day rule is a fundamental guideline established by Schengen Member States, including Spain. It limits the duration of stay for foreigners to 90 days within a 180-day period. The calculation involves counting back 180 days to determine the total time spent in Spain or any other Schengen country during that timeframe.

Applicability of the Rule: The rule applies to individuals with a valid multiple-entry Schengen visa, nationals of countries with visa agreements, and British citizens. It's crucial for those planning to visit Spain to understand if they fall into these categories to comply with the 90/180 day rule.

Tourist Stay Duration: For tourists visiting Spain, the maximum stay allowed is 90 days within a 180-day period. This applies to individuals requiring a Schengen Spain visa and those from countries with visa liberalisation agreements.

Non-Resident Stay and Requirements: Without becoming a legal resident in Spain, individuals are subject to the 90-day rule and cannot extend their stay. Long-term stays beyond 90 days require a long-stay visa and a residence permit, necessitating the process of becoming a legal resident.

Options for Staying Longer: To stay in Spain for more than 90 days, individuals can explore various migration pathways, including obtaining a work visa, a non-lucrative visa based on financial resources, a Golden visa through investment, or the upcoming digital nomad visa for remote workers.

Consequences of Violating the Rule: Exceeding the 90-day limit results in penalties, including fines, the requirement to leave the country, and a potential ban from entering the Schengen Area for a specified period.

Remote Work in Spain: Working remotely in Spain during the 90-day visa-free period is not legally allowed. However, Spain has introduced a digital nomad visa, enabling remote work while complying with the country's regulations.

Dual Citizenship Considerations: Dual citizens, particularly those with both EU and another citizenship, must register their new address in Spain if planning to stay beyond 90 days.

Property Ownership and Stay Duration: Even property ownership in Spain doesn't exempt individuals from the 90/180 day rule. Owning property allows freedom in buying or renting, but the 90-day limit must be adhered to without a residence permit or visa.

In conclusion, understanding and complying with Spain's 90/180 day rule is essential for a smooth and legal stay in the country, whether for tourism or long-term purposes.

How Long Can I Stay in Spain? - The 90/180 Day Rule in Spain - SchengenVisaInfo.com (2024)
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