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

Many people that visit Spain are not aware of the 90 day rule. As per this rule, a tourist can only legally stay in Spain for a maximum period of 90 days. Which is the maximum stay foreseen in Spanish law, but is a consequence of Spain being part of the Schengen agreement.

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

This rule basically states that a stay in the territory of the Member States of Schengen cannot be more 90 days, over the previous period of 180 days.

Because Spain is part of the Schengen agreement, once you are in Spain you can travel through the Schengen countries, but, the time on them, will count for a maximum stay of 90 days.

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

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

To make sure that you are respecting the rule of not being more than 90 days over the period of 180, you can use some calculators, like the following one:

CALCULATOR RULE 90/180 DAYS.

Legal advice in Spain for residencies and stay

If you have any question, or doubt or you want to receive legal advice about legal residency in Spain or stays, please contact us.

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

Obtaining residence in Spain. The Temporary Non-lucrative visa. Right to reside without working.

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

Renewal of non-lucrative temporary visa or residence: application requirements, renewal periods, deadlines for resolution

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

E-mail: [email protected]

White & Baos 2022 – All Rights Reserved.


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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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