Almost all foreigners who visit Spain at some time, know that the so-called 90 day rule or 90/180 day rule applies to them. This is the maximum period of stay, foreseen in the Spanish law. Regulations that are a consequence of the Schengen agreement.
This stay can be extended in some exceptional cases.
Foreigners can also spend more time in Spain, in case of residency, etc. Which can be obtained in different ways.
These maximum 90 days must be counted within the period of the previous 180 days.
Legal regulation of the 90 day rule
Regulation in Spain
This maximum period of 90 days of stay is regulated in what is known as the Spanish immigration law. It is Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.
In its article 30, it states that the stay is the permanence in Spanish territory for a period of time not exceeding 90 days.
After this time, to stay in Spain it will be necessary to obtain either an extension of stay or a residence permit.
In addition, to enter Spain as a tourist, a visa may or may not be required. The following countries can enjoy a stay as a tourist in Spain, without the need to obtain a visa: Australia, Argentina, Brazil, the United States, Monaco, the United Kingdom, Uruguay, etc.
But the regulation comes from the Schengen Agreement, and from European regulations such as the Regulation 610/2013, which modifies the application of the Schengen Agreement, etc.
Thus, we speak of stays in the territory of the Member States for a duration not exceeding 90 days within any 180-day period. Consequently, this implies taking into account the 180-day period preceding each day of stay.
The Schengen area
The possibility of enjoying a 90 day stay in Spain, after entry, also applies to any state that is part of the Schengen area. You can check which countries belong to Schengen at the following link: SCHENGEN COUNTRIES.
Therefore, in a 90-day tourist stay in Spain, the tourist will be able to travel through any state of the Schengen area.
But, those days spent outside of Spain, but within the Schengen area, will be counted for the maximum period of 90 days.
When do the 90 days start counting?
They will begin to be counted from the arrival in Spain, or in any territory of the Schengen area.
How much time must pass before you can enjoy another stay as a tourist in Spain or the Schengen territory?
A period of 180 days must elapse, after having been 90 days of stay, in order to return to Spain as a tourist, if you do not have a residence, or another stay that allows it.
That is, you cannot be more than 90 days in the last 180 days. Therefore, we must ensure on each day of stay, that we have not exceeded 90 days, in the previous period of 180 days.
For these calculations, calculators are useful, such as the one that can be found in this link: CALCULATOR RULE 90/180 DAYS.
Can these 90 days of stay be extended or extended?
Although this possibility is legally foreseen. Normally, they are denied, except in cases in which it is not possible to leave the country for health reasons, etc.
If you have questions about this matter, or any related matter, please contact us.
The information provided in this article is not intended as legal advice, but merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
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