As we discussed in this other post (How long can I stay in Spain without a residence permit?), a foreigner can stay in Spain for a maximum of 90 days per half-year from the date of their first entry without having either a residence permit (non-EU) or a citizen registration certificate (EU). However, with some exceptions, if the foreigner is from outside the EU and will stay less than 90 days in Spain, they must obtain a tourist visa.
If 90 days pass and the foreigner wants to stay longer in Spain, other necessary procedures must be initiated. Failure to do so would leave the foreign person in an undocumented situation in our country.
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):
- The foreigner returns to their country of origin.
- 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).
- The non-EU foreigner applies for a residence permit in the event that they want to stay more than 90 days in Spain.
- 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.
However, an important subtlety must be taken into account in relation to the third option, which is that many residence permits require that the application be initiated at the Spanish consulate located in the country of origin. This means the foreigner has to leave Spain in order to start the application for a residence permit, which translates, in most cases, into a slow and tedious process that requires the help of expert advisors on international mobility.
Residence permits that can be obtained as a tourist in Spain
However, there are some residence permits that can be obtained as a tourist in Spain.
The most popular and well known are:
- Community card: if you, as a foreigner, marry an EU citizen or register as a common-law partner in Spain, you will be able to obtain a residence permit.
- Student visa: this is another of the paths that can be taken to live in Spain in the long term.
- Visas covered by the Entrepreneurs Act: visa for an investor or an entrepreneur, visa for a highly qualified professional, visa for an intra-corporate transferee, or residence for research purposes.
- Settling: a concept that we look at here: authorization of temporary residence by settling 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.
If you have any questions or need help with international mobility, do not hesitate to contact us; we have a team specialized in the different aspects of international mobility: taxation, migration, employment, social security, etc.
