Legal advice on staying in Spain as a tourist and the 90 day rule

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Legal advice on staying in Spain as a tourist and the 90 day rule. Image – MA8/shutterstock

Many people visiting Spain are unaware of the 90 day rule. According to this rule, a tourist can only legally stay in Spain for a maximum period of 90 days. This is the maximum stay provided for by Spanish law, but it is a consequence of Spain’s accession to the Schengen agreement.

Regulations in Spain

This maximum period of 90 days of stay is governed by what is known as Spanish immigration law. This is Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

In article 30, it is stipulated that the stay is permanence in Spanish territory for a period not exceeding 90 days.

This rule basically states that a stay in the territory of the Schengen member states cannot exceed 90 days, out of the previous period of 180 days.

Because Spain is part of the Schengen Agreement, once you are in Spain you can travel through Schengen countries, but time spent will count towards a maximum stay of 90 days.

You can check the Schengen countries in the link: SCHENGEN COUNTRY.

The 90 days will start from the moment of entry into Spain or any other Schengen country.

To make sure you follow the rule of not exceeding 90 days out of the 180 period, you can use a few calculators, like this one:

90/180 DAY RULE CALCULATOR.

Legal advice in Spain for residences and stays

If you have any questions or doubts or would like to receive legal advice on legal residence in Spain or stays, please Contact us.

You may be interested in the following services and articles related to this topic:

Obtaining residency in Spain. The non-profit temporary visa. Right to reside without working.

Obtaining a visa or a residence permit in Europe. Golden visa for foreign investors in Spain

Renewal of a non-profit visa or temporary stay: application conditions, renewal deadlines, resolution deadlines

The information provided in this article is not intended to provide legal advice, but merely conveys information related to legal matters.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: [email protected]

White & Baos 2022 – All rights reserved.


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