How Can You Stay in Spain for More Than 90 Days Legally?

If you’re visiting Spain as a tourist—or planning to—there’s a key rule you need to keep in mind: you can only stay for up to 90 days within a 180-day period. Staying beyond that can lead to serious legal consequences, including fines and even bans from the Schengen Area.

In this article, we’ll break down how long you can stay, what happens if you overstay, and how Adlanter can help you legalize your status before it’s too late.

How Long Can You Stay in Spain as a Tourist?

According to European regulations, non-EU citizens can remain in the Schengen Area—including Spain—for a maximum of 90 days within any 180-day period.

This applies whether you’re entering with a Schengen visa or are visa-exempt (e.g. citizens of the U.S., Canada, Argentina, Mexico, etc.).

How Are the 90 Days Counted?

• Counted backward from the current date.

• It’s not based on the calendar year, but on any 180-day window.

• You can use an online Schengen calculator to check your stay status.

What Happens If You Stay in Spain More Than 90 Days?

Overstaying the legal limit puts you in an irregular immigration status, which may result in:

• Fines

• Expulsion from Spain

• Entry bans for the Schengen Zone

• Difficulties obtaining future visas

When Is Overstaying Detected?

• At passport control when leaving the country

• During administrative procedures

• If stopped by police or at random controls

How to avoid being in an undocumented situation in Spain

There are various options to avoid being in an undocumented situation in Spain (in our case, this would occur if the foreigner stays more than 90 days in Spain and does not start the necessary procedures to legally reside there):

1. The foreigner returns to their country of origin.
2. If the foreigner is from outside the EU and had an obligation to acquire a tourist visa, they could apply for an extension, but it is difficult to obtain. (Note: Non-EU citizens do not always need this visa to enter and stay in Spain for up to 90 days. There are exceptions according to nationality).
3. The non-EU foreigner applies for a residence permit in the event that they want to stay more than 90 days in Spain.
4. If the foreign person is a citizen of a Member State of the European Union, of another State that is a party to the Agreement on the European Economic Area, or of Switzerland, they must obtain the EU Citizen Registration Certificate.

Important: Many residence permits must be applied for at the Spanish consulate in your country of origin. This often means leaving Spain and going through a complex, time-consuming process—where expert support from international mobility advisors is highly recommended.

 

Residence Permits You Can Apply for While in Spain as a Tourist

Some residence permits can be requested while already in Spain as a tourist. The most common include:

• EU Family Card (Tarjeta Comunitaria): If you marry or register as a civil partner with an EU citizen in Spain.

• Student Visa: A legal pathway to live in Spain for educational purposes.

• Entrepreneur Law Visas, including:

  • Investor Visa

  • Entrepreneur Visa

  • Highly Qualified Professional Visa

  • Intra-corporate Transfer Visa

  • Research Residency

• Arraigo: A temporary residence permit based on social, labor, or family ties in Spain.

 

 

 

Being in Spain for more than three months as an EU citizen

Citizens of the European Union, Switzerland, Liechtenstein, Norway, or Iceland do not need a visa to live and work in Spain. In this case, the applicable legislation is the Community Regime.

If they want to stay more than 90 days in Spain, these people must register and obtain the Certificate of Registration of EU citizens, a document that any citizen of the European Union who wants to live and work in Spain for more than three months has to apply for in order to be legally in the country.

This content is purely informative and there may be exceptions to the general rules.

Close to the 90-Day Limit—or Already Exceeded It?

Avoid fines, bans, and future complications.
📲 Contact our team of international mobility experts and find out how we can help you legalize your status in Spain—before it’s too late