How you can beat the 90 day rule in Spain but you will need a job or plenty of cash (2024)

Spain is fighting European Union legislation which means that non-resident British citizens can only spend 180 days a year in Spain (in two batches of 90 days). Unfortunately it would require all European Union nations supporting the plan which Spain says could prove difficult.

The rule, brought in when Britain left the European Union, has had a major impact on British holiday home owners who can only use their place in the sun for 180 days a year. There are some ways of getting around the 90 day rule but you will need a job and plenty of cash.

1. 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.

2. 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.

3. 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.

4. 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.

Source: Schengen Visa

How you can beat the 90 day rule in Spain but you will need a job or plenty of cash (2024)

FAQs

How you can beat the 90 day rule in Spain but you will need a job or plenty of cash? ›

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.

Has anyone been fined for overstaying in Spain? ›

Overstaying your welcome could earn you a fine between 500€-10,000€ depending on how long you've overstayed. A fine could also be issued in conjunction with an entry ban.” My advice is that you should present yourself at the nearest Spanish Immigration Office (there's a list online) and apologise profusely.

How to spend more than 90 days living in Spain? ›

Work visa – If you've found employment in Spain and wish to stay for longer than 90 days, you may apply for a work visa. This is valid for up to 3 years, and if you wish to extend it at the end of this period you can do so. After 5 years, you may be eligible to apply for permanent residence.

Will Spain scrap the 90-day rule? ›

However, Spain is now looking to scrap this rule for UK holidaymakers. According to Spain's Tourism Secretary Fernando Valdés, the 90-day restriction goes against Spanish interests. “Unfortunately, [the rule] is not something Spain has established by itself or can get rid of,” he said to i newspaper.

How long can I work in Spain without a visa? ›

Based on the 90-day rule, foreign nationals from visa-exempt countries cannot stay in Spain for more than 90 days at a time. Those who plan to stay for more than 90 days will need to obtain a Schengen, national, or residence permit.

Can an overstay be forgiven? ›

If you're a visa holder and you remain in the United States past the “admit until date” listed on your Form I-94 (also called the “Arrival/Departure Record”), you are overstaying your visa. If this happens, you can get visa overstay forgiveness by applying for a waiver.

How do you get caught for overstaying in Spain? ›

And unlike the days when border control was simply a guard with a stamp, modern technology means that most passports are scanned by a Spanish border guard on both entry to and exit from the EU – making it obvious who has overstayed their welcome and impossible to slip through the cracks.

How much money do you need in the bank to get residency in Spain? ›

In calculating the proof of income for non-lucrative residency, you must have an annual income of 400% of IPREM in your bank account. The IPREM for 2023 is €600 per month. Therefore, as an individual, you will need to have €2,400 as a regular guaranteed monthly income or a yearly income of €28,800.

What happens if I stay 91 days in Spain? ›

Once you have reached the 90/180 day limit, you must return to your country of origin. If you wanted to extend your stay in Spain, you would still need to return home to apply for an appropriate visa at your country's Spanish embassy, so that you can come back to Spain and obtain a residence permit for a longer stay.

What is the new immigration law in Spain in 2024? ›

This immigration reform, which will take place in the first semester of 2024, is to simplify, significantly simplify the authorizations and to reduce the number of residence authorizations in our regulations. This will involve the elimination of a good number of articles from the regulation.

Is France getting rid of the 90 day rule? ›

Unfortunately, in what will be seen as a major blow by some, a French court rejected the amendment to its immigration law, ruling it to be unconstitutional.

Is Spain offering money to move there? ›

Ponga is located in northwestern Spain and has a population of less than 600. The program pays couples €3000 to move there and an additional €3000 for every child they have. However, families are legally bound to live in Ponga for at least five years.

How many times can I visit Spain in a year? ›

If you wish to be in Spain for longer than 90 days every 180, you must apply for a visa before you enter the country. There's a variety of visa options for both short and long-term stays. Read about long-term Spanish visas.

What happens if you dont pay a fine from Spain? ›

Should the legal person convicted not pay the fine imposed within the term set, voluntarily or by enforcement, the Court of Law may order it to be intervened until it is fully paid.

How do I get rid of overstay fines? ›

The Process of Overstay Fine Reduction
  1. Assessment of Overstay Situation. The first step involves assessing the individual's specific overstay situation, including the duration of the overstay and the reasons behind it.
  2. Gathering Necessary Documentation. ...
  3. Application for Fine Reduction. ...
  4. Follow-up and Negotiation.
Dec 15, 2023

What happens if you overstay your Spanish visa? ›

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.

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