How long can you stay in Spain without residence?

Anca Gabor

Dreaming of spending an extended amount of time on Spain's sun-drenched beaches and in its lively tapas bars? Knowing the rules for how long you can stay without a residence permit is crucial. Overstaying invites fines, future entry bans, and even deportation.

 

We spoke to Anca Gabor, After-Sales Co-ordinator at Franke & de la Fuente, a full-service, international law firm who specialise in property transactions and tax law, to get the low down on everything you need to know about how long you can legally stay in Spain without a residence permit or visa. 

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Non-EU Citizens

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If you live outside the European Economic Area or you are a Swiss citizen, you can stay in Spain for up to 90 days within a period of 180 days, without the need to obtain a short-stay visa, according to current European regulations.

This is established in art. 30.1 and 30.2 of Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

During these 90 days, you can travel around Spain, visit family or friends, go sightseeing, study or participate in cultural activities. However, it is important to bear in mind that during this time you cannot work,  or apply for social benefits.

Once the 90 days have elapsed, you must either leave the country or apply for a residence permit or a visa.

Exceeding the permitted limit of stay can lead to legal consequences, such as fines, prohibition of future entry into the Schengen area or even deportation.

Therefore, it is essential to respect immigration rules and plan your stay in Spain properly, and to be properly informed about the requirements and procedures necessary to obtain residency, whether for work, family, study or other reasons, in order to avoid problems with the authorities. Use this schengen visa calculator to help you figure out how long you can stay in Spain. 
 

EU Citizens

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EU citizens can stay in Spain for up to 3 months without the need to obtain a residence permit for any purpose.

Article 28.1 of Royal Decree 557/2011, of 20 April, which approves the Regulation of Organic Law 4/2000 defines it as a short-term stay. The free movement of persons in the European Union is mainly regulated by the Treaty on the Functioning of the European Union (TFEU) and by Directive 2004/38/EC of the European Parliament and of the Council, which establishes the rights of EU citizens and their family members to move and reside freely within the territory of the Member States. 
This directive guarantees, among other things, the right to enter, leave and reside in another Member State for a maximum period of up to 3 months without the need to obtain a visa or residence permit.

In order to stay in Spain during this period of time, it is compulsory to have a valid passport or identity card, but it is not necessary to notify authorities of your stay regardless of the reason for it, as there is no registration requirement. It is not compulsory to take out health insurance either.

If you wish to stay longer than 3 months, it is important that you apply in person for the corresponding residence permit at the Foreigners' Office in the province where you intend to stay or take up residence or at the Police Station, which will proceed to register you in the Central Register of Foreigners in order to comply with immigration regulations. This application must be submitted within 3 months of entering Spain.

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